What is a Reinstatement Lawsuit?
What are the Main Conditions for Reinstatement?
The reinstatement lawsuit has been incorporated into our legal system as a mechanism to protect employees when their employment contracts are terminated by employers. The basis of reinstatement measures is that the employment contract must be terminated by the employer. If the termination is found to be unfair and invalid after the termination of the contract, we can file a lawsuit to restore the contract to its former state. The lawsuit must be submitted to a mediator within one month from the date of termination. If an agreement cannot be reached as a result of mediation activities, a complaint can be filed with the Labor Court within two weeks from the date of the final expert opinion. You can visit the website to learn more about these. If the employee does not submit the final report to the court along with the application and does not remedy this deficiency within two weeks, the application will be dismissed without a binding procedural decision.
What is the Process of a Reinstatement Lawsuit?
The workplace must have 30 or more employees. Interns, trainees, students, temporary workers, etc. are not included in this count. The employee who wishes to file a reinstatement lawsuit must have worked at the workplace for at least six months (the six-month period is not required for underground workers). There must be a continuous employment contract between the employee and the employer filing the complaint. Therefore, employment relationships should not be defined for a specific period. Finally, the termination of employment contracts must not be based on justified reasons. An employee wishing to file a reinstatement lawsuit must first apply to the mediator with a request for reinstatement within one month from the notification of the termination notice. The one-month period is a statute of limitations and is very important. Otherwise, the lawsuit will be closed without further investigation upon notification by a legally binding procedure. If an agreement cannot be reached at the end of the arbitration process, a reinstatement lawsuit can be filed within the two-week blocking period. Merely fulfilling the obligations of mediation is not sufficient to delve into the substance of the matter. The employee must also submit the original of the final report attached to the application, or a copy certified by the mediator, to the court, stating that an agreement could not be reached at the end of the mediation process.
