Articles

Employee Rights Following Unfair Dismissal

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Termination of an employment contract by an employer is subject to the Turkish Labour Act and the terms of the employment relationship. Depending on the applicable employment-security provisions, the employer may be required to rely on a valid or just cause and to observe the prescribed procedure.

An employee who considers a termination unlawful should act promptly. Employment claims, particularly applications relating to reinstatement, are subject to strict mandatory-mediation and court deadlines.

Where the statutory conditions are met, an employee may seek reinstatement. If the termination is declared invalid, the employer may be required either to reinstate the employee or to pay compensation for failure to reinstate, together with other amounts determined under the applicable rules.

Severance pay may be due where the employee meets the statutory length-of-service requirement and the manner of termination gives rise to entitlement. Notice pay may arise where an indefinite-term contract is terminated without observing the required notice period and no ground for immediate termination applies.

Outstanding salary, overtime pay, unused annual-leave pay and other contractual or statutory receivables may also be claimed where supported by the facts and evidence.

The legality of a dismissal depends on the reason given, the employer’s procedure, the employee’s status, the size of the workplace and other case-specific factors. Written notices, payroll records, correspondence and workplace records may be important evidence.

Early legal assessment is therefore important both for preserving time-limited rights and for identifying the appropriate mandatory-mediation and litigation route.