If the employment contract is terminated by the employer without a valid reason, the employee can file a reemployment lawsuit. The employee who wants to file a reemployment lawsuit must meet a number of conditions.
What are the Conditions Required to Reemployment Lawsuit?
Obligation to Apply to Mediator
The employee whose employment contract is terminated has to apply to the mediator with a request for reemployment within 1 month from the notification of the termination notice. At the end of the mediation activity, if the parties agree, the starting date, the monetary amount of wages and other rights and the monetary amount of the compensation in case the employee is not started to work are determined. If not determined, the agreement is deemed not to be reached. If an agreement cannot be reached at the end of the mediation activity, a lawsuit can be filed in the labor court within two weeks starting from the date the last minute is issued. If the mediator is not applied, the case is rejected by the labor court.
Application to the Labor Court
Any employee with a minimum of 6 months of seniority and working on an indefinite term employment contract can file a reemployment lawsuit against his employer who employs thirty or more employees. In reemployment cases, the competent court is the court of residence of the defendant employer or the court of the place of work.
In the case of reemployment, the employee's request for reemployment by stating that the employer has not shown a reason for the termination of the employment contract or the reason shown is not valid, in the case of not starting a job, the request for compensation in the amount of at least four to eight months' wages, the idle time for up to four months without the employee their rights must be specified in the petition.
In the reemployment application, if payment of wages and other rights for the idle time is requested, the employer should be deemed to be in default with the application. In case the aforementioned fee and other rights are not paid, interest will arise from the date of application.
Reemployment cases are concluded within 2 months in accordance with the provisions of the Labor Law. As a rule, applications to the upper court must be completed within 1 month.
Burden of Proof
The duty of proof that the termination was made for a valid reason is on the employer. However, if the employee claims that the termination is based on another reason, the employee is obliged to prove it.
Form of Termination Notice
The procedure and manner regarding the termination of the employment contract are regulated in the Labor Law article 19. The employee's indefinite term employment contract cannot be terminated due to reasons related to employee productivity or behavior. The employer is obliged to state the termination notice in writing and clearly and clearly the reason for termination.
Taking Employee's Defense
In case of termination of the contract, it is obligatory to take the defense of the employee, although it is limited for some termination reasons. Accordingly, the termination of the indefinite term employment contract of the employee cannot be terminated due to reasons related to the performance or behavior of the employee before taking his/her defense against the allegations about the employee.
Employee Wins the Case
The employee must apply to the employer to start work within 10 working days from the notification of the final court decision. In cases where the termination by the employer is not based on valid reasons or the reason presented is not accepted as valid and the determination of this is made by the court or special arbitrator, the employer is obliged to start the employee within one month.
Employment Security Compensation
If the employer does not start work within one month following the application of the employee, the employment contract is deemed to be terminated by the employer on this date. The employer has to pay compensation to the employee in the amount of a minimum of four and a maximum of eight months' wages. This compensation is called employment security compensation.
Employment security compensation should be calculated over the employee's gross wage.
The Court's Dismissal of the Case
In case of rejection of the reemployment lawsuit, the reason for dismissal of the employee will be deemed valid. In this case, the employee's severance pay, notice pay and other legal rights may be requested from the employer in a separate lawsuit.