Paylaş: Reinstatement Lawsuits and Job Security: Conditions and Employee Rights
Workplace Requirements
According to the Turkish Labor Law, which came into effect on June 10, 2003, job security provisions apply to workplaces that employ 30 or more workers in the same sector. This requirement is calculated based on all employees across different branches of the employer's business.
If the employer has multiple workplaces in the same sector, the total number of employees across all workplaces is considered. As long as the total number of employees in the enterprise is 30 or more, job security provisions apply, even if a specific workplace has fewer employees. The employee seeking job security benefits must prove the total number of employees in the workplace.
Employee Requirements
Indefinite-Term Employment Contract:
Employees must have an indefinite-term employment contract to qualify for job security. However, those with fixed-term contracts are not eligible for job security. Part-time employees with indefinite-term contracts can also benefit from job security provisions.
Six-Month Seniority Requirement:
Employees must have at least six months of service at the workplace. This six-month period includes the probation period if stipulated in the contract. If fixed-term contracts are renewed without a valid reason, they are considered indefinite-term contracts from the start, and the seniority period is calculated accordingly. The failure to pay insurance premiums does not invalidate job security if other evidence supports the employment.
Non-Managerial Position:
Top executives, such as general managers and their deputies who manage the entire organization, are not covered by job security provisions.
Termination by the Employer:
To file a reinstatement lawsuit, the employee's contract must have been terminated by the employer.
Reinstatement Lawsuit Process
Employees who wish to file a reinstatement lawsuit must apply to a mediator within one month of the termination date. If mediation fails, the employee can file a reinstatement lawsuit.
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