Reinstatement Lawsuit Process and Compensation Guide

The Reinstatement Lawsuit (İşe İade Davası)

When a protected employee is fired without a valid reason, they can file a Reinstatement Lawsuit. The primary goal is legally “returning to the job,” but practically, it often results in significant compensation.

The Critical Timeline

Strict deadlines apply. A single day’s delay can lose the case.

1. Termination Notice: Employer terminates the contract.
2. Mediation Application: Worker must apply to a mediator within 1 MONTH of the notice date.
3. Lawsuit Filing: If mediation fails, the lawsuit must be filed in Labor Court within 2 WEEKS of the final mediation report.

Warning: The 1-month period starts from the notice date, not the last day of work.

The Verdict: Invalid Termination

If the court decides the termination was invalid (no valid cause), it rules for reinstatement. The verdict includes:

1. Invalidity: Declares the termination has no legal effect.
2. Idle Time Wages (Boşta Geçen Süre Ücreti): Orders payment of up to 4 months’ wages for the trial duration.
3. Job Security Compensation (İşe Başlatmama Tazminatı): Orders payment of 4 to 8 months’ wages IF the employer refuses to take the worker back.

Post-Verdict Procedure (The 10-Day Rule)

Winning in court is not enough. You must follow the procedure:

1. Worker’s Application: Within 10 business days of the verdict becoming final, the worker must apply to the employer (preferably via Notary) saying “I am ready to start work.”
2. Employer’s Response: The employer has 1 month to either:
   • Reinstatement: Invite the worker back to work (same position, same rights).
   • Refusal: Reject the worker and pay the compensations.

Financial Consequences

1. Idle Time Wages (Base Rights)

Regardless of whether you go back to work or not, if you applied in time:

• You receive up to 4 months of Gross Salary.
• Plus other rights (bonuses, premiums) for that period.
• SGK premiums for these 4 months are also paid (fixing your retirement gap).

2. Job Security Compensation (If Not Reinstated)

If the employer says “I don’t want you back”:

• They must pay the extra compensation set by the court (4-8 months’ Gross Salary).
• This payment does not have income tax deducted (only Stamp Tax).

3. Severance and Notice Pay

• If not reinstated, your “official termination date” shifts to the end of the 4-month idle period.
• If you were not paid severance/notice pay initially, you get them now (calculated at the new higher salary).
• If you were paid them initially, the difference is paid.

Comparison: Reinstatement vs. Receivables Lawsuit

Feature	Reinstatement Lawsuit	Receivables Lawsuit
Goal	Return to job / Extra Compensation	Collect unpaid wages/severance
Deadline	1 Month (Strict)	5 Years
Condition	30 workers / 6 months seniority	Any worker
Benefit	High compensation potential (12+ months)	Only what is earned

Strategy: Often, workers eligible for reinstatement file both (or secure rights via Reinstatement first) to maximize the payout.

Legal Support: We handle the entire process from the strict 1-month application to enforcing the final compensation payments. Contact us immediately upon dismissal.

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Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.