Reinstatement Lawsuit in Turkey: Conditions, Mediation, Deadlines and Compensation

When an employer in Türkiye terminates your open-ended contract without a reason, or on an inadequate one, Labour Law no. 4857 gives you more than a claim for compensation: it gives you a right to go back to your job. That right is exercised through a reinstatement lawsuit (işe iade davası). The deadlines are very short, and the process begins not in court but with mandatory mediation. Missing a deadline forfeits the right without the court ever examining the merits.

This guide sets out the conditions for a reinstatement lawsuit, what counts as a valid reason, who bears the burden of proof, the mediation and filing deadlines, what a successful employee receives, and the most common mistakes.

1. When Can a Reinstatement Lawsuit Be Filed?

Under Article 18 of Labour Law no. 4857, all of the following must be present:

• The workplace employs at least 30 employees. Workplaces of the same employer in the same sector are counted together.
• The employee has at least 6 months' seniority, counting service at all of the same employer's workplaces.
• The contract is open-ended. Fixed-term contracts fall outside the scope unless a chain of renewals has disguised an open-ended relationship.
• The employee is not an employer's representative — a person who manages the entire workplace and has authority to hire and dismiss, or that person's assistants.
• The employer, not the employee, ended the contract. A genuine resignation cannot be challenged this way, although a resignation obtained under pressure may be attributed to the employer if proved.

If one of these conditions is missing, reinstatement cannot be claimed, but severance pay, notice pay and other entitlements may still be pursued separately.

2. Valid Reason and the Last-Resort Principle

The employer may not terminate an open-ended contract without a valid reason arising from the employee's capacity or conduct, or from the operational requirements of the business, workplace or job (Art. 18/1). Typical grounds in practice include:

• Conduct: absenteeism, insubordination, breaches of workplace discipline, even where they fall short of grounds for immediate termination.
• Capacity: poor performance or loss of qualifications the job requires.
• Operational requirements: economic contraction, closure of a department, restructuring. The reason must be real and concrete.

The Court of Cassation applies the last-resort principle (ultima ratio): where the employer dismissed without first trying milder measures such as a warning or a transfer to another role, the dismissal may be held invalid. Written warnings, performance reviews and a documented defence procedure are therefore decisive for the employer.

The Law also lists reasons that can never be valid (Art. 18/3): union membership or activity, serving as an employee representative, filing a claim or complaint against the employer, race, colour, sex, marital status, family responsibilities, religion and political opinion, maternity leave, and absence due to illness or accident within the statutory limits.

3. Burden of Proof and Written Notice

The burden of proving the reason for termination lies with the employer (Art. 20/2). An employee who claims that the real reason was something else, such as union activity, must prove that. The employer must also satisfy procedural requirements (Art. 19):

• The notice must be in writing and state the reason clearly and precisely.
• Where the dismissal rests on the employee's conduct or performance, the employee's defence must be obtained first; immediate termination for just cause is exempt from this rule.
• Oral dismissals or statements such as "don't come tomorrow" do not satisfy the writing requirement and weigh in the employee's favour.

4. Process and Deadlines: Mediation First

The deadlines in reinstatement cases are forfeiture periods; once missed, the right is lost:

• Apply to a mediator within one month of being served the termination notice. Mediation is a condition for filing suit (Law no. 7036, Art. 3).
• If mediation fails, file suit in the labour court within two weeks of the date of the final mediation report.
• The Labour Law envisages that the case is concluded within two months and the Court of Cassation review within one month; in practice, proceedings often take longer.
• After the judgment becomes final, the employee must apply to the employer within 10 working days to be reinstated.

The parties may settle in mediation on reinstatement and on financial entitlements. Because a settlement agreement is enforceable like a court judgment, its wording, in particular the start date, back pay and compensation items, must be reviewed carefully before signing.

5. If the Employee Wins: Reinstatement, Back Pay and Compensation

When the court holds the termination invalid, Article 21 provides:

• If the employer reinstates the employee within one month: the employee receives up to four months' wages and other benefits for the period of idleness. Severance and notice pay already paid at termination are set off.
• If the employer does not reinstate: the employee receives compensation of four to eight months' gross wages, as fixed by the court, plus the back pay. The contract is then treated as having ended on the date the employer's refusal reaches the employee, and severance and notice pay can be claimed.
• Termination for union reasons additionally gives rise to union compensation of not less than one year's wages.

An employee who does not apply within the 10-working-day period forfeits both reinstatement and the refusal-to-reinstate compensation, so the date on which the judgment becomes final must be tracked closely.

In the case decided by the 9th Civil Chamber of the Court of Cassation on 18.02.2026, an employee who was not reinstated was awarded back pay and compensation, and the lower court's reasoning that no statutory provision requires income from work elsewhere after the dismissal to be set off against back pay was upheld (see the precedent box below).

6. Common Mistakes

• Confusing the deadlines: the one-month mediation deadline and the two-week filing deadline are different, and both are forfeiture periods.
• Signing a resignation letter: a resignation signed under pressure can be the single biggest obstacle in the case. Seek advice before signing anything.
• Refusing to accept the termination notice: time may still run once the notice has reached, or is deemed to have reached, the employee.
• Applying for reinstatement informally: the application should be made by a provable method, such as a notarised notice or registered mail.
• Forgetting severance: filing a reinstatement lawsuit does not extinguish severance and notice pay rights; they are simply set off if the employee is reinstated.

Frequently Asked Questions

For legal advice on reinstatement, severance and notice pay and other employment disputes, see our Labor Law page, or request an appointment through our Contact page.