Reinstatement Claims in Turkey | Deadlines and Procedure

Employment Law Series · 8 of 8

A reinstatement claim challenges an allegedly invalid employer dismissal within Turkey's employment-security system. Eligibility, mediation and court deadlines must be distinguished. The starting date is different at each stage; a successful judgment also requires a timely application to return to work.

1. Who is covered?

Article 18 of the Labour Law generally requires an indefinite contract, employer dismissal, at least six months' service and a workplace employing thirty or more workers. The six-month requirement does not apply to underground workers. Check whether the employment relationship falls within the relevant statutory regime.

For the headcount, workers in the same employer's workplaces in the same branch of activity are counted together. A small individual location may therefore be covered. Service with the same employer at different workplaces must also be considered under the statutory rules.

2. Mandatory mediation and filing time

One month: apply to a mediator within one month after service of the termination notice.
Two weeks: if mediation ends without agreement, bring the reinstatement action within two weeks after the final mediation record is drawn up.

These are different starting events. Do not calculate the court deadline from service of the dismissal notice or assume that the notice period postpones the mediation deadline. Keep proof of service and the dated mediation record.

Mediation is a prerequisite. Article 20 provides a limited route where an action brought directly without mediation is rejected procedurally: mediation may be sought within two weeks after service of the final rejection decision. This is not a general extension or a safe alternative to timely mediation.

If the parties agree on reinstatement in mediation, they must determine the return-to-work date, the monetary amount for the statutory period without work and the monetary compensation if the employee is not reinstated. The law treats an omission of these required items as failure to reach agreement.

3. Evidence and judicial review

The employer bears the burden of proving a valid dismissal reason. An employee who alleges that dismissal actually rests on another reason must prove that allegation. The file may include objective performance assessments, warnings, defence requests and responses, absence records and economic or organisational evidence.

The court examines the statutory scope, written notice and clear reason, the employee's defence where required, the validity of the asserted reason, alternatives to termination in operational dismissals and equal treatment. The Article 19 defence requirement for conduct or performance dismissals must be read with the statutory exceptions; it does not mean a defence must precede every possible form of dismissal.

Records should support what actually happened. General descriptions such as “poor performance” or “business needs” do not replace specific, consistent evidence. Preparing paperwork after the event does not automatically cure a defective dismissal.

4. What follows a favourable final decision?

The employee must apply to the employer to return to work within ten working days after service of the final decision. If no timely application is made, the dismissal is treated as valid, with the employer remaining responsible for its applicable consequences. The employer must reinstate the employee within one month after the application.

If the employer does not reinstate the employee, the court-determined non-reinstatement compensation is between four and eight months' wages. Wages and other entitlements for the period without work are recoverable for up to four months, subject to the statutory conditions. The court fixes these monetary amounts using the wage at the date the action was filed. A judgment does not mean every sum is payable unconditionally or that the whole period of litigation produces back pay.

If the employee returns, advance notice pay and severance already paid are offset against the payment due under the statutory rule. If the employee is not reinstated and the required notice was neither given nor paid in advance, the corresponding notice payment is separately due. Individual payment calculations require the wage basis, previous payments and actual procedural steps.

5. Deadline checklist

Step	Period	Starting event
Mediation application	One month	Service of termination notice
Court action after failed mediation	Two weeks	Final mediation record drawn up
Employee's return-to-work application	Ten working days	Service of final decision
Employer reinstatement	One month	Employee's application

Check service documents and the applicable calculation rules individually. Calendar months, weeks and working days are not interchangeable.

6. Practical steps before dismissal

Use objective performance criteria and document improvement discussions.
Record relevant warnings and their service; assess the nature and seriousness of the conduct.
Where a defence is legally required, explain the allegation, allow a reasonable response and consider the response.
State concrete dates, events and evidence in the dismissal reason.
In operational dismissals, assess workable alternatives and retain the supporting records.

Employees should preserve the termination notice, service evidence, contract, relevant correspondence and mediation documents. Employers should ensure the stated reason and the contemporaneous file are consistent. Neither side should wait for an informal discussion to finish before checking a statutory deadline.

Employment Law Series

Official source

Labour Law No. 4857, Articles 18–21.

Contact

Reviewed on 27 October 2026. General information on Turkish law; eligibility, service dates and the appropriate remedy require individual assessment. Turkish statutory texts govern.