Labour Law Article 20: An employee who is dismissed without valid reason may file a lawsuit for reinstatement.
Conditions
- Workplace employing 30+ workers
- 6 months+ seniority of the worker
- Indefinite-term employment contract
- File within 1 month from the date of termination notice
Process
- Before mediation is required (lawsuit requirement)
- If not agreed upon, labor court
- Decision (6-12 months)
- Employer to hire or pay compensation
Decision Types
- Reinstatement decision
- If the employer does not hire: idle time compensation (up to 4 months) + non-recruitment compensation (4-8 months) fee)
Reinstatement Conditions
- Lack of valid reason
- Non-compliance with termination procedure
- Dismissal with invalid reason
Supreme Court 9th HD and 22nd HD
9. HD accepts that in reinstatement cases, it is up to the employer to objectively prove the valid reason, and if he cannot prove it, a reinstatement decision will be made.
Labor law attorney is recommended.