Short answer
If you have been dismissed, first secure the termination notice and the date on which it was served on you. This matters because the deadline for applying to a mediator for reinstatement is one month from service of the notice.
Then collect the following:
- Your employment contract
- Payslips and bank records
- Social Security Institution (SGK) service and exit records
- Leave and working-time records
- Correspondence
- Details of potential witnesses
Reinstatement and employment receivables are separate routes; in both, applying to a mediator before filing a lawsuit is mandatory. Obtain documents only through lawful means.
1. First step: the termination notice and the date of service
The employer must give the termination notice in writing and state the reason for termination clearly and precisely (Labour Law No. 4857, Art. 19/1). You should therefore keep the following:
- The termination letter, notarial notice or electronic notification given to you
- The envelope or proof of service
- The date on which the notice reached you
If the termination was announced orally, note the date and who made the announcement. Also record any messages or witnesses that support this.
Where the termination is based on the employee’s conduct or performance, the employee’s defence must, as a rule, be taken first (Art. 19/2). However, the employer’s right to terminate immediately for just cause under Art. 25/II is reserved. If you received a request for a defence, keep that letter and your reply.
2. Termination for just cause, for a valid reason and the conditions for reinstatement
- Termination for just cause (haklı nedenle fesih): The employer ends the contract without waiting for the notice period on grounds listed in the Law. These grounds are health reasons, conduct contrary to morality and good faith, force majeure, or detention or arrest (Art. 25). The employee may go to court claiming that the termination does not fit these grounds.
- Termination for a valid reason (geçerli nedenle fesih) and job security: In workplaces with thirty or more employees, the indefinite-term contract of an employee with at least six months’ seniority may be terminated only for a valid reason. A valid reason may relate to the employee’s competence or conduct, or to the requirements of the business, workplace or work (Art. 18). Certain managers, such as employer’s representatives who manage the entire business, are outside this protection.
- Burden of proof: The employer must prove that the termination was based on a valid reason. An employee who claims that the termination was based on a different reason must prove that claim (Art. 20/2).
3. Reinstatement versus employment receivables
| Issue | Reinstatement (işe iade) | Employment receivables (işçilik alacakları) |
|---|---|---|
| What is claimed? | Invalidity of the termination and return to work | Severance pay, notice pay, unpaid wages, overtime, annual leave pay, etc. |
| First step | Application to a mediator within one month of service of the termination notice (Art. 20/1) | Applying to a mediator before filing a lawsuit is a precondition for the lawsuit (Labour Courts Law No. 7036, Art. 3) |
| Lawsuit | If no agreement is reached, before the labour court within two weeks of the final mediation report | Before the labour court if mediation fails; the limitation period is suspended during mediation |
| Time limit | Short time limits with a forfeiture effect | Five-year limitation period for wages, severance pay, notice pay and annual leave pay (Art. 32, Additional Art. 3) |
| Possible outcome | If the termination is held invalid, reinstatement. Following a timely application, up to four months of wages and other entitlements for the idle period are payable. If the employer does not reinstate the employee, compensation of four to eight months’ wages also becomes payable (Art. 21) | Payment of the receivables that are proven |
Once the reinstatement judgment becomes final, the employee must apply to the employer to return to work within ten working days of service of the judgment. Otherwise, the termination is deemed valid (Art. 21).
Termination by the employee because of unpaid wages is a separate topic covered in a related article on the site.
4. Documents to collect
Employment contract and annexes
These documents show whether the contract is fixed-term or indefinite, as well as the job description, wage and working hours. If there is no written contract, onboarding documents and correspondence become important.
Payslips and bank records
These documents show the amount of the wage, the payment dates and whether items such as overtime were paid. As a rule, the burden of proving that wages were paid lies with the employer. Keep your bank statements and records of salary deposits.
SGK records and the exit code
The SGK service record shows the insurance period and the wages reported. The exit code in the employment termination notification shows the reason for leaving as reported by the employer. However, this code is not decisive on its own in a dispute; it is assessed together with the other evidence.
Court of Cassation, 9th Civil Chamber, 14.01.2026, Docket 2025/9110, Decision 2026/129: The employer had reported a resignation code to SGK but could not submit any written document supporting this claim. Witness statements showed that the employee had been dismissed. The regional appellate court’s decision awarding severance and notice pay was therefore upheld.
Court of Cassation, 9th Civil Chamber, 10.12.2024, Docket 2024/12205, Decision 2024/15970: Payment of severance and notice pay had been agreed in mediation. The Chamber held that this did not automatically render incorrect an exit code reported in line with the just cause on which the employer relied in its termination notice. It therefore reversed the decision ordering the code to be corrected.
Leave and working-time records
Annual leave forms, timesheets, entry-exit and shift records are important for claims about unused leave and overtime.
Correspondence and witnesses
Keep e-mails and messages exchanged with the employer, as well as any letters about changes of duty or warnings. Note the names and contact details of people who personally witnessed events, and which event each of them witnessed.
5. Obtaining documents lawfully
Evidence obtained unlawfully may not be taken into account by the court in proving a fact (Code of Civil Procedure No. 6100, Art. 189/2). The distinction is therefore important:
- Documents you may use: Documents given or sent to you, or documents you can access in your own name in the ordinary course of your duties.
- Risky methods: Unauthorised access to the employer’s systems, copying other employees’ personal data, or taking confidential business information. These methods may lead to the evidence being disregarded and may also give rise to civil and criminal liability.
- Records you do not have: During the proceedings, the court may be asked to obtain records held by the employer, such as timesheets or payslips.
6. Common mistakes
- Not recording the date of service of the termination notice and missing the one-month deadline
- Signing documents titled “release” (ibraname) or “resignation” without assessing the conditions
- Losing bank and payroll records after leaving the job
- Assuming the outcome is clear based only on the SGK exit code
- Not recording witnesses’ details in time
- Accessing the employer’s systems without authorisation to collect evidence
7. Checklist and hypothetical examples
- Termination notice and proof of service (with the date marked)
- Employment contract, job description, additional protocols
- Recent payslips and bank statements
- SGK service record and exit information
- Leave, timesheet and shift records (those in your possession)
- Requests for a defence, warning letters and your replies
- E-mail and message correspondence
- List of witnesses (name, contact details, event witnessed)
Hypothetical example 1: U has worked for two years at a workplace with more than thirty employees and receives a termination letter that states no reason. U notes the date of service and applies to a mediator for reinstatement within one month. The burden of proving that the termination was based on a valid reason lies with the employer.
Hypothetical example 2: V’s SGK record shows “resignation” as the reason for leaving, but V says no resignation letter was ever submitted. V collects bank records, correspondence with the employer and the details of witnesses who know V was dismissed. The court assesses the exit code together with this evidence.
These examples are not based on real persons or files; the outcome depends on the specific circumstances.
8. Frequently asked questions
How much time do I have to seek reinstatement?
You must apply to a mediator within one month of service of the termination notice. If no agreement is reached, a lawsuit may be filed within two weeks of the final report.
Can every employee file a reinstatement claim?
No. As a rule, employees at workplaces with thirty or more employees, with at least six months’ seniority and an indefinite-term contract, benefit from this protection.
What if the SGK exit code is wrong?
The code shows the reason reported by the employer but is not decisive on its own in a dispute. A declaratory action may be filed to correct the code; the outcome depends on the evidence in the file.
Do I also need to go to a mediator for severance pay?
Yes. For employment receivables based on law or contract, applying to a mediator before filing a lawsuit is a precondition for the lawsuit.
What can I do if I have no payslips?
Your bank records, SGK service record and correspondence may help prove your wage. During the proceedings, records held by the employer may be requested.
May I copy documents from the employer’s computer?
Documents obtained through unauthorised access may be considered unlawful evidence and may also give rise to liability. It is safer to rely on documents given or sent to you.
9. Sources
- Labour Law No. 4857 (Turkish): Arts. 17-21, 25, 26, 32, Additional Art. 3
- Labour Courts Law No. 7036: Art. 3
- Code of Civil Procedure No. 6100 (Turkish): Art. 189
- Court of Cassation, 9th Civil Chamber, 14.01.2026, Docket 2025/9110, Decision 2026/129
- Court of Cassation, 9th Civil Chamber, 10.12.2024, Docket 2024/12205, Decision 2024/15970
- Decisions can be searched by reference on the Court of Cassation decision search system (Turkish).
General information: This article is for general information only and does not replace the review of a specific case. The legislation was checked on 06.11.2026 against the consolidated texts in the Legislation Information System; the Official Gazette texts are binding.