Employment and Labor Law

Author: Alper Uzun

Introduction

The right to initiate a re-employment lawsuit, is one of the job security provisions, stipulated in favor of the employees, of Labor Law No. 4857 ("Labor Law"). This right, aims to prevent arbitrary termination of the employment contract or termination of the contract without a valid reason by an employer.

This right is stipulated in Article 18 and the following articles of the Labor Law. Accordingly, "in workplaces employing thirty or more employees", an employer who terminates the indefinite-term employment contract of an employee with at least 6 months’ severance must rely on a valid reason. This reason must be connected with the capacity or conduct of the employee, or based on the operational requirements of the business, workplace or work. The same article also lists the reasons, which do not constitute a valid reason for termination.

The Labor Law also regulates the procedure to be applied in the termination of the contract. Accordingly, the notice of termination shall be given by the employer in written form, and must spell out the reason for termination in clear and precise terms. In addition, indefinite-term employment contracts shall not be terminated for reasons related to an employee’s conduct or performance before they are provided an opportunity to defend themselves against the allegations made. At this point, the employer’s right to terminate the employment contract due to serious misconduct or malicious or immoral behavior is, however, reserved.

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