How to File a Reinstatement Lawsuit in Turkey: Conditions, Deadlines and Mediation

1. What is a reinstatement lawsuit?

It is a case in which a dismissed employee asks the court to declare the employer's termination invalid and to order reinstatement. This protection is called job security (iş güvencesi). If the court finds the termination invalid, the employer must either take the employee back or pay compensation (Labour Law art. 21 [1]).

2. Who can file?

The Labour Law requires (art. 18 [1]):

1. An indefinite-term employment contract. Fixed-term contracts are outside this protection.
2. At least 30 employees at the workplace. If the employer has several workplaces in the same branch of activity, the total number of employees is counted.
3. At least 6 months' service. Service at one or more workplaces of the same employer is added together. Underground workers need no minimum service.
4. Not being a senior manager. Managers who run the whole business and their deputies, and managers who run a whole workplace and have the power to hire and dismiss, are excluded.
5. The employer ended the contract. If you resigned yourself, reinstatement is not available.

If you do not meet these conditions: an employee outside job security whose contract was ended by abuse of the right to terminate may claim bad-faith compensation equal to three times the notice-period wage, instead of reinstatement (art. 17 [1]).

3. What is a valid reason, and what is not?

The employer needs a valid reason related to the employee's capability (e.g. performance), conduct, or the needs of the business, workplace or job (e.g. closure of a department) (art. 18(1)).

The law states that the following are not valid reasons (art. 18(3)):

• Union membership or union activity outside working hours (or during them with the employer's consent),
• Acting as a workplace union representative,
• Applying to administrative or judicial authorities against the employer to pursue legal or contractual rights, or taking part in such proceedings,
• Race, colour, sex, marital status, family responsibilities, pregnancy, childbirth, religion, political opinion and similar grounds,
• Absence during the statutory maternity periods in which women may not be employed,
• Temporary absence due to illness or accident within the statutory waiting period.

Procedure the employer must follow

• Written notice: the termination must be in writing and state the reason clearly and precisely (art. 19 [1]).
• Hearing the employee: before a dismissal for conduct or performance, the employee's defence must be taken, without prejudice to the employer's right of immediate termination for conduct contrary to morality and good faith under art. 25(II).
• Burden of proof: the employer must prove a valid reason. An employee who claims the real reason was different must prove that claim (art. 20 [1]).

4. Deadlines

From the mediation application until the final report, forfeiture periods do not run (Labour Courts Law No. 7036 art. 3(17) [2]). Because the deadlines are short, note the date you received the termination notice.

5. How does mediation work?

Mediation is a precondition to suit for reinstatement claims: a case filed without it is dismissed on procedural grounds without further steps (Law No. 7036 art. 3(1)–(2) [2]). A mediator is a neutral person who helps the parties reach agreement but has no power to decide.

1. Application: to the mediation office where the employer is domiciled or where the work was performed. You give your contact details and, if known, the employer's.
2. Appointment and invitation: the office appoints a mediator, who invites the parties to the first meeting by any means of communication.
3. Meetings: parties may attend in person, through legal representatives or through lawyers. A lawyer is not mandatory.
4. Outcome: the process ends with or without agreement and a final report is drawn up.

Missing the first meeting: a party who fails to attend the first meeting without a valid excuse is recorded in the final report. Even if that party later wins the case in whole or in part, it bears half of the court costs the other side would have to pay, and only half of the attorney fee under the Minimum Attorney Fee Tariff is awarded in its own favour. If neither party attends the first meeting, each side bears its own court costs (art. 3(12), as amended by Law No. 7531, in force since 14 November 2024).

Mediation fee: if the parties cannot be reached, do not attend, or fail to agree after talks lasting under two hours, a two-hour fee is paid from the Ministry of Justice budget. If talks last longer than two hours and end without agreement, the fee for the time beyond two hours is shared equally unless agreed otherwise. These fees count as court costs in any later lawsuit. If agreement is reached, the fee is shared equally unless agreed otherwise (art. 3(13), 3(14)).

If you reach agreement in mediation

If the parties agree on reinstatement, the final report must state the start date, the amount of wages and other rights for the idle period, and the compensation payable if the employee is not taken back. If the employee does not start on the agreed date, the termination has the effects of a valid termination (art. 21 [1]).

In practice, the parties may instead agree to end the employment against a payment. Make sure the report clearly shows what you are signing and which claims you are giving up.

6. Where and how is the case heard?

• Court: the labour court (Law No. 7036 art. 5 [2]).
• Place: the court of the employer's domicile at the filing date, or of the place where the work was performed (art. 6). Contrary venue agreements are void.
• Document to attach: the original or a mediator-certified copy of the final report showing no agreement. If missing, the court gives one week to submit it; otherwise the case is dismissed (art. 3(2)).
• Procedure: simplified procedure (art. 7); cases are handled urgently (Labour Law art. 20).
• Appeal: an appeal (istinaf) lies to the regional court of appeal, whose decision in reinstatement cases is final; no further appeal to the Court of Cassation (Labour Law art. 20; Law No. 7036 art. 8).

How long does it take? The law requires urgency but sets no time limit; it depends on the court's workload, witnesses and expert reports.

7. What happens if you win?

If the court (or a private arbitrator) finds the termination invalid (art. 21 [1]):

1. You apply to the employer within 10 working days of service of the final judgment. If you do not, the termination is treated as valid.
2. The employer reinstates you within 1 month or pays compensation of at least 4 and at most 8 months' wages, as fixed by the court.
3. Idle-period pay: wages and other rights for the period you were not employed until the judgment becomes final, up to 4 months.
4. Basis: amounts are fixed in money based on the wage at the filing date.
5. Set-off: if you are reinstated, notice pay and severance paid in advance are deducted. If you are not reinstated and notice pay was not paid in advance, it is owed separately.

The rules on reinstatement, non-reinstatement compensation and idle-period pay cannot be changed by contract (art. 21, last paragraph).

8. Hypothetical example

This example is purely hypothetical. C has worked for 2 years on an indefinite-term contract at a factory with 120 employees. The employer terminates the contract in writing for "poor performance" without first taking C's defence. Twenty days after receiving the notice, C applies to the mediation office where the workplace is located. No agreement is reached; C sues in the labour court ten days after the final report. If the court finds that no defence was taken for a performance-related dismissal and the employer cannot prove a valid reason, it may declare the termination invalid. The outcome depends on the evidence and the court's assessment.

9. FAQ

What if the employer dismissed me only orally?

The law requires written notice with a clear reason (art. 19). Its absence can count in the employee's favour. As the start of the mediation deadline may be disputed in such cases, the safer course is to apply within one month of the termination date.

I sued without going to mediation. What now?

The case is dismissed for lack of a precondition. The dismissal is served on the parties ex officio, and once it becomes final it is served again ex officio; you may apply to mediation within two weeks of that service of the final dismissal (Labour Law art. 20(1)).

Can I claim severance and notice pay instead of reinstatement?

Reinstatement is not compulsory. An employee covered by job security may instead claim severance, notice pay and other employment receivables; for these too, mediation is generally required first (Law No. 7036 art. 3(1)). Which route suits you depends on your service, wage and how the termination happened.

Are the amounts gross or net?

The law fixes them on the basis of the wage at the filing date. Tax and deductions are a separate matter; for an exact calculation, consult a specialist with your payslips.

Can we use a private arbitrator?

Yes. If mediation fails, the parties may agree, within the two-week period, to take the dispute to a private arbitrator instead of the court (Labour Law art. 20(1)).