Requirements for Reinstatement Rights Reinstatement right is a right regulated to ensure job security for workers. Certain conditions must be met to benefit from this right. Here are these conditions: Number of Workers in the Workplace For a reinstatement claim, the employer must employ at least 30 workers. If fewer than 30 workers are employed in the workplace, this right cannot be used. Worker’s Seniority The worker must have worked for the relevant employer for at least 6 months. Workers with less than 6 months of employment cannot benefit from this right. Termination Process and Employer Obligations When terminating an employment contract, the employer must follow these rules: Notify the termination decision in writing, Clearly state the reason for termination, Pay all rights arising from termination (such as severance and notice pay) on the date of termination. Objection to Termination Reason A worker whose employment contract is terminated can request reinstatement in these cases: If the termination reason is not specified by the employer, If the stated termination reason is claimed to be invalid. Time Limit for Applying to Mediator The worker must apply to a mediator within 1 month from the termination date. According to Labor Courts Law No. 7036, applying to a mediator is a mandatory step before filing a reinstatement lawsuit. Distinction Between Valid and Invalid Termination If the employer’s termination reason is not one of the valid reasons prescribed in labor law, the worker can request reinstatement. Examples of valid reasons: Worker’s performance inadequacy, workplace’s economic situation, restructuring. Examples of invalid reasons: Worker’s union activities, discrimination, arbitrary termination. Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.