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Re-employment Lawsuits
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Att. Ozen Odev
Introduction
According to Labor Law No. 4857 (“Labor Law”), the termination
of an employment contract without a valid reason does not automati-
cally invalidate the termination. When an employee opens a re-
employment lawsuit pursuant to conditions stipulated in the Labor
Law, and if the case concludes in the employee’s favor, the termination
will be invalid and the employee may apply to return to work.
The Necessary Conditions to File a Re-employment Lawsuit
Working under the Labor Law
The employee should be working, as defined under the Labor Law,
to file a re-employment lawsuit.
Working with an Indefinite-term Employment Contract
According to the Labor Law, the employment contract may be for
a definite or indefinite term. This binary distinction is important when
the contract is terminated. Other than that, as a rule, there is no differ-
ence between the two types of contract in terms of working conditions.
The basic rule is that the employment contract must be for an
indefinite term. As per Article 11 of the Labor Law, an indefinite-term
employment contract is defined as follows: ‘
The contract will be
counted as indefinite where the employment relationship has no
defined or definite duration
.’ The same article defines the definite-term
employment contract as ‘
The written contract between employer and
employee, depending on the objective conditions, such as fixed-term
LABOR LAW
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Article of July 2014