April 16, 2026

Reinstatement Lawsuit: What is it and How to File?

In this article, we aim to provide basic information in a brief and understandable manner about reinstatement lawsuits, which workers whose employment contracts are terminated without a valid reason can apply for to return to their work. This lawsuit is regulated under Articles 18 and following of the Labor Law No. 4857 and ensures the protection of the worker within the framework of job security provisions.

In this context, the most frequently asked questions in practice, such as what a reinstatement lawsuit is, under what circumstances it can be filed, who can file it, which court has jurisdiction, and how the lawsuit process progresses, are addressed.

WHAT IS A REINSTATEMENT LAWSUIT? HOW TO FILE ONE?

In this article, we aim to provide basic information about the reinstatement lawsuit, which employees whose employment contracts have been terminated without a valid reason can apply for in order to return to their jobs, in a short and understandable way. This lawsuit is regulated under Articles 18 and following of the Labor Law No. 4857 and provides protection for the employee within the framework of job security provisions. In this context, we address the most frequently asked questions in practice, such as what a reinstatement lawsuit is, in which cases it can be filed, by whom it can be filed, which court is in charge, and how the lawsuit process progresses.

What is a reinstatement lawsuit?

A reinstatement lawsuit is a lawsuit filed by an employee whose employment contract has been terminated by the employer without a valid reason, in order to ensure their return to work. With this lawsuit:

The invalidity of the termination is determined.

                  * The reinstatement of the employee is decided.
                  * Compensation and idle time pay in favor of the employee are considered.

This is based on the provisions of Article 18 and following of the Labor Law No. 4857.

In which cases is a reinstatement lawsuit filed?

A reinstatement lawsuit is particularly filed in the following cases:

Dismissal of the employee without a valid reason

                  * Performance or behavior reasons do not reflect the truth
                  * Arbitrary termination by the employer
                  * Failure to comply with procedure during termination

However, for this lawsuit to be filed, the employee must be within the scope of job security. We will address what job security entails in the following parts of our article.

Who can file a reinstatement lawsuit?

To file a reinstatement lawsuit, the following are required:

At least 30 employees must be working at the workplace

                  * The employee must have at least 6 months of seniority
                  * The employee must be working under an indefinite-term employment contract

Employees meeting these conditions can file a reinstatement lawsuit. Of course, the termination must also be considered unfair.

Against whom is the reinstatement lawsuit filed?

A reinstatement lawsuit is filed against the employer. This lawsuit falls within the scope of contentious jurisdiction.

What is the specialized and authorized court for a reinstatement lawsuit?

The court in charge is the Labor Court. The competent court is the court at the employer’s residence or where the work was performed.

Is there a time limit for filing a reinstatement lawsuit?

Specific periods are set for filing a reinstatement lawsuit. A mediator must be applied to within 1 month from the notification of the termination of the employment contract. If the mediation process fails, a lawsuit must be filed within 2 weeks from the issuance of the final protocol. These are forfeiture periods (Labor Law Art. 20).

What should be done before filing a reinstatement lawsuit?

Before filing a lawsuit, it is important to fulfill the following:

Applying to a mediator

                  * Examining the termination notice
                  * Preparing the employment contract and related documents

A lawsuit cannot be filed until the mandatory mediation process is completed.

How does the reinstatement lawsuit process progress?

The reinstatement lawsuit process generally consists of the following stages:

An application is made to the mediator. 1. If an agreement is not reached, a lawsuit is filed. 1. Statements of the parties are taken. 1. Evidence is collected. 1. The court evaluates whether the termination was valid. 1. A reinstatement decision may be issued.

If the court decides the termination was invalid, it rules for the employee’s reinstatement.

How long does a reinstatement lawsuit take?

While the duration varies based on the specifics of the case, it usually concludes within 6 months to 1 year in practice. Appeal processes may extend this duration.

The information on this page is for general awareness. Legal evaluations may vary based on the specific details of each case. It is essential to obtain legal counsel for a tailored assessment of your reinstatement claim.

Frequently asked questions

FREQUENTLY ASKED QUESTIONS ABOUT REINSTATEMENT LAWSUIT

01What happens if the reinstatement lawsuit is won?

The reinstatement of the employee and certain compensations are decided.

02What happens if the employer does not start the employee who won the reinstatement lawsuit?

The employee is paid non-reinstatement compensation.

03What should be done after the reinstatement decision?

The employee must apply to start work within 10 business days after the decision becomes final.

04Can every employee file a reinstatement lawsuit?

No. Only employees who meet the job security conditions can file.

05What is the job security required to file a reinstatement lawsuit?

Job security is a legal protection that prevents the arbitrary termination of the employee's contract by the employer; under the Labor Law, the employer can only dismiss the employee based on a valid reason. To benefit from this protection, there must be at least 30 employees at the workplace, the employee must have at least 6 months of seniority, and must be working under an indefinite-term employment contract. If an unfair termination is made despite these conditions being met, the employee can file a reinstatement lawsuit, and the court may order reinstatement, wages for the idle period (up to 4 months), and non-reinstatement compensation (4–8 months' salary). If the employer has more than one workplace in the same branch of business, the number of employees is determined according to the total number of employees working in these workplaces. (Labor Law Art. 18) That is to say, if the employer is a large firm, its employees are generally legally under job security.

The information on this page is prepared for general information purposes. Legal evaluations may vary depending on the characteristics of each case. In order to obtain an evaluation specific to your concrete case regarding a reinstatement lawsuit, it is important to obtain legal support.

Last Updated: April 16, 2026

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