Reinstatement Lawsuit Results

The employee must apply directly or through their representative to the employer within ten working days after the finalization of the reinstatement decision and receiving notification from the court clerk. Notifying through a notary is beneficial for proof of the process. Similarly, the employer should also notify the employee and their representative about the reinstatement decision via notary.

• Back wages and other rights (up to a maximum of four months until the decision is finalized) must be paid immediately upon application. In the case of reinstatement, if severance and notice pay have been paid, they should be deducted from this amount. Additionally, other rights accrued during the back period must also be paid.
• If the payment for the notice period has been paid in advance to the employee, this amount is only deducted from the four-month salary, but no deduction is applied to the compensation.

Since the employment contract was terminated without a valid reason, the employee should be paid notice compensation instead of the notice period. However, the employee’s waiver of the reinstatement lawsuit during the payment of severance and notice compensation is considered invalid.

• If the employer does not reinstate the employee within one month following the reinstatement decision, four to eight months of gross wages should be paid, considering the salary level of a comparable employee at that time.
• According to Article 21 of the Labor Law, if the employee is not reinstated, the employer must pay compensation equal to at least four and up to eight months' wages. This compensation is calculated based on the employee’s gross salary and does not require specifying a monetary amount.

If the dismissal was due to union reasons or concerns the dismissal of a union representative, the compensation should be at least equal to the employee’s annual gross salary at the time of non-reinstatement. This compensation is calculated based on the basic gross salary, not including social benefits, and no interest is applied.

For the primary employer to be held liable for the compensation for non-reinstatement, the primary employer-subcontractor relationship must exist at the time of non-reinstatement. Although the transferring employer is jointly liable for two years with the transferee, this liability is limited to the debts incurred at the time of transfer.

If the employment contract is terminated with notice and the employee is not reinstated following the reinstatement decision, the employee may claim notice compensation. However, the employer cannot request the deduction of the notice period already provided.