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work or completion of a specific task or the occurrence of a certain
event
.’
As a rule, in the definite-term employment contract determined by
the parties, at the end of the period, the employment contract will ter-
minate automatically; so in Labor Law, definite-term workers are not
entitled to open a re-employment lawsuit.
However, in Labor Law, signing a definite-term contract more than
once, consecutively, is prohibited unless there is a valid, sustainable
reason. In such a case, it is stated that the contract will be considered
as an indefinite-term contract from the beginning.
Termination of the Employment Contract by the Employer
A re-employment lawsuit is brought as a protection for the
employee against termination by the employer. The employee has no
right to open a re-employment lawsuit when the termination is not
made by the employer.
At least 30 Employees Should be Working in the Workplace
To open a re-employment lawsuit, there must be at least 30
employees in the workplace. While accounting the employee number,
if the employer has more than one establishment in the same business
line, the employees of all establishments will be taken into account.
Accrual of at Least 6 Months’ Severance
In order to open a re-employment lawsuit, another condition is to
have accrued at least 6 months’ severance. An employee who has
worked less than this period cannot file a lawsuit. While calculating
accrual of 6 months’ severance, Article 66 of the Labor Law stipulates
that “situations deemed as working time” will be taken into considera-
tion. Six months’ severance must be calculated by combining the time
worked in one or more different establishments of the same employer.
Termination Based on an Invalid Reason
Employees may open a re-employment lawsuit in the case of ter-
mination based on an invalid reason. In the 18
th
article of the Labor
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NEWSLETTER 2014