A reinstatement lawsuit (işe iade davası) is a claim by an employee covered by job security (iş güvencesi) who argues that their contract was terminated without a valid reason and asks to return to work. If the termination is found invalid at the end of the lawsuit, the employer must either take the employee back or pay the compensation set by law. Because the time limits are very short, the most common mistake in this type of lawsuit is missing a deadline.
What are the conditions for reinstatement?
To benefit from job security, the following conditions must all be met (Labour Code (İş K.) art. 18):
- Thirty or more employees must work at the workplace. If the employer has more than one workplace in the same line of business, the total number of employees at these workplaces is counted.
- The employee must have at least six months’ service. Periods worked at different workplaces of the same employer are added together. For employees in underground work, there is no length-of-service requirement.
- The employment contract must be indefinite-term. Fixed-term contracts fall outside this protection.
- The employee must not be a senior employer’s representative. An employer’s representative who manages and directs the business as a whole, together with their deputies, and an employer’s representative who manages the workplace as a whole and has authority to hire and dismiss employees, cannot file a reinstatement lawsuit.
A valid reason must arise from the employee’s capability, the employee’s conduct, or the requirements of the business, the workplace or the work. Reasons such as trade union membership, applying to the authorities against the employer, pregnancy, childbirth, religion or political opinion are, by law, not valid reasons.
How must the termination be made?
The employer must give notice of termination in writing and state the reason for termination clearly and precisely (Labour Code art. 19). If the employee’s conduct or performance is to be relied on, the employee’s defence must be obtained before termination. This rule does not affect the employer’s right to terminate with immediate effect for just cause under art. 25/II.
Failure to follow these formal rules may on its own render the termination invalid, whatever the reason. In addition, in the lawsuit the employer cannot rely on a new reason that was not stated in the notice of termination.
Timeline
- Service of the notice of termination: This is when the time limits start.
- Application to a mediator within 1 month: Mediation is a procedural precondition for the lawsuit; if a lawsuit is filed directly, it is dismissed on procedural grounds (Labour Code art. 20 as amended by Labour Courts Law (İşMK) art. 11; İşMK art. 3).
- Mediation meetings: As a rule, the mediator concludes the application within three weeks; in compelling cases this may be extended by at most one week.
- If there is no agreement, a lawsuit within 2 weeks of the final report: It is filed at the labour court. If the parties agree, they may instead go to a private arbitrator within the same period.
- The judgment becoming final: On appeal, the regional court of appeal (bölge adliye mahkemesi) gives a final decision; reinstatement judgments cannot be appealed to the Court of Cassation.
- Application to return to work within 10 working days of service of the final judgment: The employee must apply to the employer within this period.
- Return to work within 1 month of the application: If the employer does not take the employee back within this period, liability for compensation arises.
An employee who misses the one-month application period loses the reinstatement claim. For this reason, a calendar should be kept as soon as the termination letter is received.
Who bears the burden of proof?
The burden of proving that the termination was based on a valid reason lies with the employer (Labour Code art. 20). If the employee argues that the termination was in fact based on another reason (for example, trade union reasons), the employee must prove that allegation. The law requires the lawsuit to be concluded expeditiously.
What happens if the lawsuit is won?
When the court rules that the termination is invalid, it determines in money terms the compensation payable if the employee is not taken back and the wages for the idle period, based on the wage at the date of the lawsuit (Labour Code art. 21).
- Compensation for not reinstating (job security compensation): If the employee applies in time but is not taken back within one month, the employer pays compensation of at least four and at most eight months’ wages.
- Wages for the idle period: For the time the employee was not working until the judgment becomes final, the employee is paid wages and other entitlements for up to four months.
- Deduction: If the employee is taken back, any notice pay and severance pay paid in advance on termination are deducted from these payments. If an employee who is not taken back was not given a notice period or was not paid notice pay, this amount is paid in addition.
These rules cannot be changed by contract; contractual provisions to the contrary are void.
If a subcontractor or a transfer of the business is involved, the reinstatement: the right employer tool shows who the lawsuit should be brought against; severance and notice amounts can be worked out with the severance and notice pay calculator.
What happens if the employee does not return to work?
If the employee does not apply to the employer within ten working days of service of the final judgment, the employer’s termination is deemed a valid termination. In that case the employer is liable only for the legal consequences of a valid termination; compensation for not reinstating and wages for the idle period cannot be claimed.
If the dispute ends in mediation with an agreement to reinstate, the mediation report must state the date of return to work, the amount of wages for the idle period and the amount of compensation payable if the employee is not taken back. If any of these is missing, no agreement is deemed to have been reached. If the employee does not start work on the agreed date, the termination becomes valid.
The Court of Cassation requires the invitation to return to work to be genuine. An invitation that does not put the employee back in their former job or an equivalent job, or that makes returning difficult, may be treated as a refusal to reinstate.
Recent Court of Cassation decisions
- Court of Cassation 9th Civil Chamber, 17.12.2025, E. 2025/8286, K. 2025/10030: In a decision resolving conflicting views between regional courts of appeal, it was held that, when calculating the thirty-employee threshold, the employees of another company that merely has an organic link with the defendant company cannot be added to the count. Unless there is a situation such as piercing the corporate veil, it makes no difference whether the other company is in the same line of business. Text of the decision
- Court of Cassation 9th Civil Chamber, 13.01.2026, E. 2025/10203, K. 2026/84: In the notice of termination the employer had written only “your services are no longer needed”, but in the lawsuit relied on a different reason. The judgment finding the termination invalid, because the reason for termination was not stated clearly and precisely and no defence was obtained, was upheld. Text of the decision
- Court of Cassation 9th Civil Chamber, 14.01.2026, E. 2025/8856, K. 2026/104: After the reinstatement judgment became final, the employee applied in time, but when they went to the workplace they were not told their wage clearly and were asked for documents as if they were a new hire. The judgment treating this conduct as a refusal to reinstate and awarding job security compensation and wages for the idle period was upheld. Text of the decision
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.