Reinstatement lawsuit

A reinstatement lawsuit allows an employee covered by Turkish job security rules to seek a declaration that their dismissal is invalid for lack of valid grounds. Coverage depends on the workplace employing at least the statutory number of workers, the employee having completed the minimum seniority and working under an open-ended contract.

Applying to a mediator is mandatory before filing, and both the application and the lawsuit are subject to short statutory time bars running from the dismissal notice. The burden of proof lies mainly on the employer, who must establish that the dismissal rested on valid grounds.

If the dismissal is found invalid, the employee must request reinstatement within the statutory period after the decision becomes final. An employer who refuses must pay court-determined compensation plus wages for the idle period up to the statutory cap. Missing the deadlines is the most common cause of losing these rights.