Unfair Dismissal and Reinstatement in Turkey: Conditions, Deadlines and Compensation
Under Turkish labour law, certain employees are protected against termination without a valid reason. An employee whose employment contract has been terminated without a valid reason may bring a reinstatement lawsuit (in Turkish, işe iade davası) and request to return to work. If the employer does not reinstate the employee, compensation is payable. These rules are equally important for employers, including foreign companies operating in Turkey, as an improperly conducted termination can result in significant financial liability.
This guide explains the conditions for job security, valid and invalid reasons for termination, the termination procedure, deadlines and mandatory mediation, the competent court, the burden of proof, the consequences of winning the case and the calculation of compensation for non-reinstatement.
In Brief: Reinstatement Claims in Turkey
- Job security applies where the workplace employs at least 30 employees, the employee has at least six months of service and works under an indefinite-term contract.
- The employer must terminate for a valid reason relating to the employee’s capacity or conduct or to the operational requirements of the business, and must give the reason in writing.
- The employee must apply to a mediator within one month of the notice of termination; if no agreement is reached, the lawsuit must be filed within two weeks of the final mediation report.
- The burden of proving a valid reason lies with the employer.
- If the employer does not reinstate the employee after the judgment, compensation of four to eight months’ wages plus up to four months’ wages for the idle period is payable.
Conditions for a Reinstatement Claim
1. At Least 30 Employees in the Workplace
The workplace must employ at least 30 employees. If the employer has more than one workplace in the same line of business, the total number of employees in those workplaces is taken into account.
2. At Least Six Months of Service
The employee must have at least six months of service with the same employer. Periods worked at the employer’s different workplaces are added together.
3. Indefinite-Term Employment Contract
Job security applies to employees working under an indefinite-term employment contract. Employees under fixed-term contracts that end at the expiry of their term generally cannot bring a reinstatement claim.
4. Not Being an Employer’s Representative
Employer’s representatives who manage the entire business, and their assistants, as well as employer’s representatives who manage an entire workplace and have the authority to hire and dismiss employees, cannot benefit from job security.
Valid and Invalid Reasons for Termination
Under Article 18 of the Labour Law No. 4857, the employer must base the termination on a valid reason relating to the employee’s capacity (for example, persistent poor performance), the employee’s conduct (for example, repeated failure to follow instructions) or the operational requirements of the business (for example, restructuring or reduced workload).
The law also lists reasons that cannot constitute a valid reason for termination, including union membership or activities, filing a complaint or lawsuit against the employer, race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion and temporary absence due to illness within the statutory periods.
Termination Procedure
The employer must give notice of termination in writing and state the reason for termination clearly and precisely. Where the termination is based on the employee’s conduct or performance, the employee must first be given the opportunity to respond to the allegations. Termination as a last resort is also expected: the employer should consider whether the employee could be employed in another position before terminating.
For employers, procedural errors in the written notice or the failure to obtain the employee’s defence may render the termination invalid on its own, even where a valid reason exists.
Deadlines and Mandatory Mediation
An employee who claims that the termination is invalid must apply to a mediator within one month of the notification of termination. Mediation is a condition of the lawsuit under the Labour Courts Law No. 7036.
If no agreement is reached in mediation, the reinstatement lawsuit must be filed before the labour court within two weeks of the date of the final mediation report. These periods are strict, and a claim filed late is dismissed.
Competent Court
Reinstatement lawsuits are heard by the labour court. The competent court is the court of the defendant employer’s domicile or the place where the work is performed.
Burden of Proof and the Proceedings
The employer bears the burden of proving that the termination was based on a valid reason. If the employee claims that the real reason was different, for example union activity, the employee must prove this claim. Reinstatement lawsuits are subject to the simple procedure and are concluded more quickly than ordinary labour claims.
What Happens If the Employee Wins the Case?
If the court finds that the termination was invalid, it orders the employee’s reinstatement. The employee must apply to the employer to return to work within ten working days of the notification of the final judgment. The employer must then reinstate the employee within one month.
In the judgment, the court also determines:
- Compensation for non-reinstatement of between four and eight months’ wages, payable if the employer does not reinstate the employee,
- Wages and other entitlements for the idle period of up to four months during which the employee did not work.
How Is Compensation for Non-Reinstatement Calculated?
The court sets the compensation within the range of four to eight months’ gross wages, taking into account factors such as the employee’s length of service and the reason for termination. If the employer does not reinstate the employee who applied in time, the employer must pay this compensation together with the wages for the idle period. In addition, the employee may claim severance pay and notice pay where the conditions are met. Further information is available in our guide on severance pay in Turkey.
Termination for Union Reasons
If it is proven that the termination was based on union membership or union activity, the employee is entitled to union compensation of not less than one year’s wages instead of compensation for non-reinstatement (Article 25 of the Trade Unions and Collective Labour Agreements Law No. 6356). The 30-employee and six-month service conditions do not apply to union compensation claims.
Recent Court of Cassation Decision: Mediation Again After Non-Reinstatement
According to the decision of the 9th Civil Chamber of the Court of Cassation dated 30 March 2026 (Docket No. 2026/368, Decision No. 2026/2807), the employer’s failure to reinstate the employee after the reinstatement judgment becomes final constitutes a new termination. Therefore, before filing a lawsuit for the severance pay and notice pay arising from non-reinstatement, a new application to a mediator is required. The mediation conducted before the reinstatement lawsuit does not cover these claims, which had not yet arisen at that time.
Points for Employers
- Document performance and conduct issues in writing before terminating.
- Obtain the employee’s written defence where the termination is based on conduct or performance.
- State the reason for termination clearly and precisely in the written notice.
- Assess whether the employee could be employed in another position.
- Take into account that reinstatement claims can result in compensation of up to twelve months’ wages in total, in addition to severance and notice pay.
Frequently Asked Questions
Can an employee in a workplace with fewer than 30 employees file a reinstatement claim?
No. Job security applies only in workplaces with at least 30 employees. However, the employee may still claim severance pay, notice pay and other entitlements where the conditions are met.
How long does a reinstatement lawsuit take?
Reinstatement lawsuits are subject to the simple procedure, but the duration depends on the workload of the court and the appeal process.
Must the employee return to work after winning the case?
No. The employee may choose not to apply to return to work. In that case, however, compensation for non-reinstatement is not payable, and the termination is deemed valid.
Can an employee who resigned file a reinstatement claim?
As a rule, no, because there is no termination by the employer. However, if the resignation was obtained under pressure, the situation may be assessed differently.
Can an employee dismissed during the probationary period file a reinstatement claim?
No. Employees with less than six months of service, including those dismissed during the probationary period, cannot benefit from job security.
Conclusion
Reinstatement claims protect employees against termination without a valid reason, while requiring employers to follow a careful procedure. The one-month mediation deadline, the two-week lawsuit deadline after mediation and the employer’s burden of proof are the main points determining the outcome.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish to employees and employers in reinstatement claims, termination procedures, severance pay and other labour law matters. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
