Paylaş: Reinstatement Lawsuit - Reinstatement Method
Employee's Application to Court Against Dismissal
Reinstatement lawsuits aim to protect employees' rights in cases of unjust dismissals. These lawsuits cannot be filed collectively; each employee must file their lawsuit individually. Only employees with indefinite employment contracts can file reinstatement lawsuits. If a dismissal is not based on a valid reason and the employee does not file a lawsuit within one month as specified in Article 20 of the Labor Law, the termination becomes valid.
In cases where a main employer-subcontractor relationship exists, the lawsuit must be directed at both the main employer and the subcontractor together. In the event of workplace transfer, the reinstatement lawsuit should be filed against the new employer.
Application Period
According to Article 20 of the Labor Law, employees must file a lawsuit within one month from the date of termination notice. If no written notice is provided, the termination date can be proven by any evidence. The one-month period is a statute of limitations and must be observed by the court.
Content of the Reinstatement Lawsuit Petition
The petition should state that the employee:
- Was employed under an indefinite employment contract,
- Worked in a workplace with at least 30 employees,
- Had a minimum of six months of tenure,
- Did not receive a valid reason for dismissal,
- Requests the determination of invalid termination, reinstatement, and compensation.
Court Fee Amounts and Rates
The lawsuit is considered a declaratory action, so a fixed application fee is required.
Examination Process
Reinstatement lawsuits are subject to fast-track trial procedures as per Article 20 of the Labor Law. The employer must respond within seven days of receiving the petition. The burden of proof regarding the validity of the dismissal lies with the employer. The court may rule on up to four months of unpaid wages if the employee is not reinstated.
Court's Possible Rulings
The lawsuit should be filed in the labor court located in the employer’s jurisdiction or the employee’s workplace. If the court rules in favor of the employee, it will declare the termination invalid and order reinstatement. If the employee is not reinstated, compensation is determined based on the dismissal reason and tenure. The employee must apply to the employer within ten business days after the decision becomes final to retain the right to reinstatement.
