Claim for Re-employment

Consequences of termination of employment contracts shall differ based on the number of employees in a workplace.

In case 30 or more employees are employed in a workplace, employees having minimum seniority of six months shall benefit from provisions of “job security” indicated in the Labour Code numbered 4857. If the employee benefits from such protection, an employer must depend on a valid reason for termination of the contract (even if compensation of seniority is paid), connected with the capacity or conduct of the employee or based on the operational requirements of the establishment or service. Otherwise, the court may decide on the re-employment of the employee. As in other countries, also in Turkey, labour courts are inclined to protect the employees’ benefits and, so, interpret this article in a narrow way and decide in favour of the employee most of the time.

For further information please contact onder.budak@budaklegal.com