What is a Reinstatement Lawsuit?
To Which Employers Can a Reinstatement Lawsuit Be Filed?
We can briefly explain a reinstatement lawsuit as follows: it is an Employment Law lawsuit filed by an employee who becomes unemployed due to the termination of the employment contract between the employee and the employer for an invalid and unfair reason, requesting to return to work to remedy their grievance. After the lawsuit is filed, the court investigates the reason for the employee's dismissal. If a justifiable reason within the framework of Employment Law rules cannot be found, it will be a favorable lawsuit for the employee. If it is determined after the lawsuit concludes that the employee was dismissed for an unfair reason, a reinstatement decision is issued. There is no such condition for workers working underground, such as in mines; they can always file such a lawsuit. You can learn all your rights at . These lawsuits, seen to prevent employee grievances, are called reinstatement lawsuits.
Who Can File a Reinstatement Lawsuit?
According to Article 18 of the Labor Law, a reinstatement lawsuit can be filed against employers who employ at least 30 workers, without any sector limitation. There are no other limitations in this regard. When determining these 30 workers, if a subcontracting relationship has been established, the main employer is evaluated with their own worker numbers, and the subcontractor is evaluated with their own worker numbers. That is, to be able to file this lawsuit, each employer must employ at least 30 workers within their own structure. According to the provisions of the Labor Law, subcontracting the main work to subcontractors is prohibited, except for certain jobs that require technological expertise. In such cases, the numbers of both employers should be added and evaluated. Any employee with at least 6 months of seniority working for a fixed term according to the employment contract can file a reinstatement lawsuit. Unlike severance pay, there is no need to complete one year; at least 6 months will be a sufficient period for this lawsuit. The period specified in the contract as a trial period is also taken into account when calculating the seniority requirement.
