A reinstatement lawsuit is a right for employees whose contracts have been terminated. In other words, employees covered by job security can file a reinstatement lawsuit. There are points that those who wish to file a reinstatement lawsuit must pay attention to. The lawsuit must be filed within a specific period. Employees who do not file a lawsuit and notify the employer of their desire to return to work in a timely manner cannot file a reinstatement lawsuit. According to the Labor Law, employees who have worked for at least 6 months as senior employees in workplaces employing more than 30 workers are covered by job security and therefore have the right to file a reinstatement lawsuit if they are dismissed.
Deadline for Filing a Reinstatement Lawsuit
An employer who terminates the contract of an employee covered by job security must have a just cause for termination. If the dismissed employee believes that the reason for dismissal is not based on a just cause, they must file a return to work (reinstatement lawsuit) within one month following the date of dismissal. An application to the labor court is required for the reinstatement lawsuit. If the court finds the reason for dismissal to be unjustified, it will order the employee's return to work. After the decision, the employer must rehire the employee within one month. An employer who does not rehire the employee despite the court's decision is obliged to pay compensation. The court will also determine the compensation that the employer is obliged to pay. After the court makes its decision, the employee or their representative must notify the employer in writing within 10 days of their desire to return to work. If the employee does not notify their wish within this period, they will not be able to return to work and will not receive compensation for non-reinstatement.
