Review of the validity of termination
Examining whether the notice of termination was in writing, which specific reason it relies on and, where conduct or performance is cited, whether the employee was given the opportunity to present a defence.
Employment Law · Reinstatement
Review of valid reason in employment contracts terminated by the employer, mandatory mediation, reinstatement lawsuits, idle-period wages and compensation for non-reinstatement.
As an Ankara reinstatement lawyer, UTU Hukuk & Danışmanlık provides litigation and advisory services to employees whose employment contracts have been terminated by the employer: in challenging the validity of termination, at the mediation stage, in the reinstatement lawsuit and in the related claims for idle-period wages and compensation for non-reinstatement. Provided there is no conflict of interest in the same case, it also acts as counsel on the employer’s side.
In reinstatement lawsuits, the peremptory limitation period is one month from service of the notice of termination, and mediation is mandatory beforehand; once these time limits are missed, there is no remedy. Where an employer terminating a contract is subject to the job security provisions, the procedure required by Articles 18 and 19 of Labour Law No. 4857 must be followed: when notifying its decision in writing, the employer must state, leaving no room for doubt, the specific reason on which it relies, and where the employee’s conduct or performance is cited as the reason, it must give the employee the opportunity to present a defence statement before the decision is made, save for the exception provided in the law.
Granting the notice period or paying notice pay in lieu does not in itself resolve whether the reason for termination is valid; an employee who enjoys job security may seek reinstatement, where the conditions are met, even if notice pay has been paid to them. If the employee was compelled to end the contract themselves, circumstances such as non-payment of wages or psychological harassment are assessed separately under the right of immediate termination for just cause in Article 24 of Labour Law No. 4857.
Scope
UTU Hukuk provides litigation and advisory services in Ankara in Ankara Reinstatement Lawyer on the following matters: Review of the validity of termination, Mandatory mediation, Reinstatement actions, Idle-period pay, Application to return to work and compensation for non-reinstatement, Link with severance pay and notice pay and Termination process on the employer’s side. A reinstatement case begins with the notice of termination and continues, once the judgment becomes final, with the application to return to work. The topics below arise within the same case or in connection with it.
Examining whether the notice of termination was in writing, which specific reason it relies on and, where conduct or performance is cited, whether the employee was given the opportunity to present a defence.
Applying to the mediation office in time before a reinstatement claim and conducting the negotiations; if the negotiations fail, applying to the labour court.
Review of valid reason; resorting to the courts under Articles 18, 20 and 21 of Labour Law No. 4857 on the grounds that the termination does not comply with the law.
Claiming the wages and other entitlements accrued for up to a maximum of four months for the period not worked until the judgment becomes final, calculated on the gross wage including benefits.
Notifying the employer of the application to return to work in time once the judgment becomes final; pursuing compensation for non-reinstatement as a claim separate from idle-period wages.
Addressing separately, each on its own legal basis, the severance pay (Law No. 1475, Art. 14) and notice pay (Law No. 4857, Art. 17) claims that arise alongside reinstatement.
Making the notice of termination in writing, documenting any refusal to sign in a written report, obtaining the defence statement and assessing the just-cause termination grounds under Art. 25 of Labour Law No. 4857 in the specific case.
Authorities
Depending on their nature, Ankara Reinstatement Lawyer cases are handled before Mediation Office, Labour Court, Regional Court of Appeal and Employer (application to return to work). The authority before which the matter is handled determines the applicable procedure and time limits from the outset. For a reinstatement claim, an application is made to the mediation office before the lawsuit is filed; if the negotiations fail, the labour court may be approached. An application to the wrong authority often results in time limits being lost.
Process
Every reinstatement case goes through the same four steps. A rushed stage increases the cost of the next one.
We hear whether the notice of termination was in writing, its reasoning and the date of service, and determine the time limit that is running. A conflict of interest check is carried out. The meeting is held by appointment and on a confidential basis.
The notice of termination, employment contract, payslips, defence statements and any written reports are examined. Records of the last gross wage, pay rises, regular premiums and additional payments are collected separately for calculating idle-period wages.
The mediation application and, if the negotiations fail, the reinstatement statement of claim are prepared together with the claims for idle-period wages and compensation for non-reinstatement. The terms of representation and the fee are agreed in a written contract before work begins.
You are kept informed at every stage of the process. Mediation meetings, hearings, service of notices and time limits are notified in advance; once the judgment becomes final, the application to return to work and the date of service are tracked in the same way.
Q & A
First, it must be established whether the notice of termination was in writing, what reason it gives and on what date it was served. In reinstatement lawsuits, the peremptory limitation period is one month from service of the notice of termination, and mediation is mandatory beforehand. As there is no remedy once these time limits are missed, it is risky to postpone consulting an Ankara reinstatement lawyer.
Where an employer terminating a contract is subject to the job security provisions, the procedure required by Articles 18 and 19 of Labour Law No. 4857 must be followed. When notifying its decision in writing, the employer must state the specific reason on which it relies; where the employee’s conduct or performance is cited as the reason, it must first obtain the employee’s defence statement, save for the exception provided in the law. Article 109, as amended by Law No. 7555 and in force since 24 July 2025, also requires the written form for notices aimed at ending the contract. These steps are taken into account when the validity of termination is examined.
Yes. Giving sufficient notice or paying notice pay does not by itself settle whether the reason for termination is valid. An employee covered by job security may seek reinstatement, where the conditions are met, even if notice pay has been paid.
Idle-period wages are the wages and other entitlements paid, in a reinstatement lawsuit, for the period during which the employee was not employed; their legal basis is Article 21 of Labour Law No. 4857. For the period in which they were not employed until the judgment becomes final, the employee is paid the wages and other entitlements accrued for up to a maximum of four months. As a rule, the calculation is based on the gross wage including benefits; regular premiums, bonuses, meal allowances and social benefits are added.
Within the statutory period (ten working days) from service of the finalised court judgment, the employee must notify the employer that they wish to return to work. An employee who fails to give this notice is deemed not to have exercised the right to reinstatement and is not entitled to idle-period wages either. Entitlement to idle-period wages, however, does not depend on whether or not the employee is actually reinstated; compensation for non-reinstatement is a separate claim item.
Yes. Provided there is no conflict of interest in the same case, we act as counsel for both employees and employers. For the employer, it is important that the notice of termination is made in writing and that any refusal to sign is documented in a written report; the employee may resort to the courts under Articles 18, 20 and 21 of the Law, claiming that the termination does not comply with the grounds set out in Art. 25 of Labour Law No. 4857.
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34 dk okumaIn the preliminary meeting, we discuss the date of service of the notice of termination, the time limits running, the mediation stage and the options. Meetings are held by appointment and confidentiality is fundamental.