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Reinstatement Case 2026: Conditions, Periods and Compensation for Non-Recruitment, Labor Law No. 4857. Job Assurance, Mediation and Litigation Process in accordance with the Labor Courts Law No. 18-21 and 7036 (2026) was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
A reinstatement lawsuit is filed in cases where an employee who has at least six months of seniority and works on an indefinite-term contract in a workplace employing thirty or more workers is dismissed without valid reason. An application to mediation is made within one month from the notification of termination; If there is no agreement, a lawsuit will be filed within two weeks from the last report. If the case is won, up to four months of idle time pay is paid, and if the worker is not reinstated, four to eight months of non-recruitment compensation is paid. These deadlines are derogatory.
What Does Job Security Mean?
Job security means that the employment contract of a worker who meets certain conditions can only be terminated based on a valid reason. If the employer cannot show a sufficient and concrete reason for termination, the employee may request reinstatement. Unlike debt cases, reinstatement is subject to very short periods of time; Missing these periods completely eliminates the opportunity to benefit from job security.
The most frequently searched questions on the internet are centered around the headings "conditions of a reinstatement case", "filing period" and "how long does it take". This guide answers these questions within the framework of the Labor Law No. 4857 and the Labor Courts Law No. 7036.
Thirty or more workers: Thirty or more workers must work in the workplace. If the employer has more than one workplace in the same line of business, the total number of workers in these workplaces is taken into account.
At least six months' seniority: The worker must have worked for at least six months in workplaces belonging to the same employer (this period is not required for underground works).
Indefinite-term contract: The employment contract must be for an indefinite period.
Not being an employer representative: Employer representatives who manage the entire business and employer representatives who manage the entire workplace and have the authority to hire and fire employees cannot benefit from job security.
Valid reason; It may be caused by the worker's competence (low performance, frequent illness), his/her behavior (disruption of work, failure to comply with the rules despite warnings) or the requirements of the business, workplace and job (restructuring, contraction, technological change). In terminations based on business requirements, the Supreme Court examines in detail the principle that termination is a last resort and whether the employer uses the means to avoid termination.
The law expressly considers certain reasons as invalid: union membership and union activity, filing an administrative or judicial application against the employer, race, colour, gender, marital status, family responsibilities, pregnancy and childbirth, religion and political opinion, absence from work during maternity leave and absence from work due to illness or accident within the legal waiting period.
It is mandatory to obtain the employee's defense before termination for reasons related to behavior or productivity (Art. 19).
Notice of termination must be in writing and the reason must be stated clearly and precisely. Termination that is not written and justified is deemed invalid without investigating the reason.
Application to mediator 1 month from the notification of termination notice Labor Law art. 20, 7036 p. Law m. 11
The employee's application to start work 10 business days from the notification of the final decision Labor Law art. 21
If an agreement is reached on reinstatement during the mediation meeting, the parties must also determine the date of reinstatement, the monetary amount of wages and other rights, and the compensation to be paid in case the worker is not reinstated; Otherwise, the agreement is deemed not reached. The Supreme Court accepts that the annulment of mediation agreements signed by violating the will and reinstatement may be requested (Supreme Court 9th HD, E. 2024/1071, K. 2024/4042, T.
04.03.2024).
Idle time fee: Wage and other benefits are paid for the time not worked until the decision is finalized, up to a maximum of four months.
Compensation for not starting work: If the employer does not start the worker within one month even though he applied within the prescribed time, the worker pays compensation equal to at least four and at most eight months' wages. The court determines the amount according to criteria such as the reason for termination and seniority.
Severance and notice pay: An employee who is not employed may also request severance and notice pay, if the conditions apply. Amounts paid at termination will be offset; Four months of idle time is added to the seniority period.
Worker who does not apply: Termination becomes valid for the worker who does not apply to start work within ten working days after the final decision, and the employer is only responsible for its legal consequences.
Case Summary: The contract of Mr. Ahmet, who has been working for three years in a textile company employing one hundred and twenty workers, was terminated with a one-sentence notice containing the phrase "due to economic contraction". It was understood that the company hired new workers for the same position in the same period. Legal Evaluation: In case of termination based on business requirements, the employer must prove the contraction with concrete data, show that there is a surplus of staff and that he evaluated the possibilities of avoiding termination. Hiring a new employee for the same position shows that termination is not a last resort. If Mr. Ahmet applies to mediation within a month, there is a high probability that his reinstatement request will be accepted.
Event Summary: Ms. Gamze, who received the termination notice on March 2, first waited for the severance pay to be paid and applied to the mediator for reinstatement on April 10. Legal Evaluation: The one-month period is derogatory and is automatically observed by the court. The reinstatement request will be rejected because the deadline has passed. Ms. Gamze may also request severance, notice and other labor receivables within the five-year statute of limitations; However, he lost the opportunity to pay for idle time and compensation for termination of employment provided by job security.
How long does a reinstatement case take?
Although the law requires the first instance trial to be completed within two months, the process can often exceed a year, including the appeal phase, depending on the workload of the courts.
Does the worker who wins a reinstatement case have to return to work?
No. However, in order to benefit from four months' idle time pay and compensation for not starting work, he must apply to the employer within ten working days. Applications that are not sincere and only seek compensation are not taken into consideration by the Supreme Court.
Doesn't a worker who is dismissed in a place where there are fewer than thirty workers have any rights?
He cannot file a lawsuit for reinstatement; However, it may request severance and notice pay and other receivables. In cases where the right of termination is abused, bad faith compensation in the amount of three times the fee for the notice period also arises.
Missing the one-month mediation application period by waiting for severance pay to be paid.
Confident with general statements in the termination notice and not taking the employee's defense.
Not writing the start date and monetary rights into the mediation agreement.
Not applying for employment within ten business days after the decision becomes final.
Failure to file performance, warning and tenure records prior to termination.
Reinstatement is a powerful protection that allows a worker to regain his job or obtain significant compensation. The one-month mediation and two-week litigation periods, the mandatory elements of the mediation agreement and the ten business day application period after finalization require meticulousness at every stage of the process.
Küheylan Law Firm carries out the reinstatement processes in a holistic manner, from reviewing the termination notice to mediation negotiations, from the labor court and appeal stages to the application for reinstatement after finalization, and carries out legal compliance audits for employers before termination.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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