Reinstatement Lawsuit - Invalid and Valid Termination Reasons

According to Article 18 of Labor Law No. 4857, employees within the scope of job security cannot be dismissed without a valid reason. Examples of invalid termination reasons include:

• Participation in trade union activities,
• Exercising maternity leave or other legal rights,
• Discrimination based on race, language, religion, or gender.

The employer must have a valid and reasonable cause to terminate the employment contract. Valid termination reasons may arise from the employee's personal inadequacy, behavior, or business-related reasons.

• Performing less efficiently than other employees in similar roles,
• Lack of performance suitable for job requirements,
• Declining focus on work,
• Frequent illness that consistently affects work performance.

• Creating workplace disturbances,
• Acting against employer’s instructions,
• Making prolonged phone calls that disrupt work,
• Frequently arriving late to work or neglecting tasks.

• Economic crises, decline in demand or orders,
• Implementation of new technology,
• Downsizing or closure of certain departments.

Before termination, the employer must follow specific procedures:

• Termination must be in writing, and the employee must be notified,
• In cases of termination due to employee behavior or inadequacy, the employee's defense must be taken.

If the employee believes the termination is invalid, they can file a reinstatement lawsuit within one month of the termination notice. If the lawsuit is successful:

• The employee can return to their position,
• They can claim compensation for the idle period and other entitlements,
• They may also claim reinstatement compensation.

In the reinstatement lawsuit, the employee must present evidence such as witness statements, employment contracts, and payroll records to the court. The employer bears the burden of proving the validity of the termination. If the court finds the termination invalid, the employee's rights and position will be restored.