Reinstatement Case in Turkey — Istanbul Reinstatement Lawyer
A reinstatement case is filed by an employee under the job-security regime who has been dismissed without a valid reason or in breach of the procedural requirements of dismissal. The court declares the termination invalid and orders reinstatement together with idle-time wages and non-reinstatement compensation. The framework is set by Articles 18-21 of Labor Law No. 4857 and Article 3 of Labor Courts Law No. 7036. As an Istanbul unfair dismissal lawyer, we conduct the procedure within its short, mandatory time bars.
Eligibility Conditions (Labor Law Art. 18)
- At least 30 employees at the workplace (employer's other workplaces in the same line of business count toward the threshold)
- Employee with at least 6 months of seniority (waived for underground work)
- Indefinite-term employment contract (fixed-term contracts are outside scope)
- Employee must not be an employer's representative or deputy (Art. 18 last paragraph)
- Termination not based on a valid reason (capacity / behaviour / business requirements) or breach of written-notice and defence-taking obligations
Procedure and Time Bars — Mediation First, Then Lawsuit
The reinstatement procedure is strictly two-stage with hard, lapsing deadlines:
- Apply to mediator within 1 month of receiving the termination notice for reinstatement (Labor Law Art. 20/1; Law 7036 Art. 3). Missing this deadline forfeits the right.
- File lawsuit within 2 weeks after the date of the final mediation minutes if mediation fails.
Under Turkish case law, employees who file directly without mediation, or who miss the 1-month application window, see their cases dismissed for lack of a procedural prerequisite or lapsed deadline — calendar discipline is critical.
Available Remedies — Idle-Time Wage and Non-Reinstatement Compensation
- Idle-time wages: Up to 4 months of wages and other rights until the judgment becomes final (Art. 21/3)
- Non-reinstatement compensation: 4 to 8 months of wages where the employer fails to reinstate (Art. 21/1), set by the court based on seniority and service
- Severance / notice differences, possibly bad-faith compensation, and accrued labor receivables may also be claimed
Post-Judgment Step: Employee Must Apply Within 10 Working Days
Within 10 working days of service of the final judgment, the employee must apply to the employer in writing (Art. 21/5). If the employer does not reinstate within 1 month, or if the employee fails to apply, the dismissal is deemed valid and only monetary remedies remain.
Competent Court
Subject-matter jurisdiction lies with the Labor Court; territorial jurisdiction lies with the court of the defendant employer's domicile or the workplace (CCP Arts. 6, 14). In Istanbul, hearings take place at the Anadolu and Çağlayan Labor Courts.
Key Legal Basis
Labor Law 4857 Arts. 18-21 · Law 7036 Art. 3 · CCP Arts. 6, 14 · Mediation Law 6325