348 / 521
Time-frame to Commence Litigation
According to Article 20/1 of the Labor Law, the employee whose
contract is terminated, must file a claim within one month from the
receipt of notification of the termination alleged to be invalid. If the
employee does not open a lawsuit during this period, they cannot
defend their right to be re-employed before the courts of law. Where
the employer terminates the contract with a dismissal notice, the
employee must file a claim within one month from the declaration of
notification, not from the end of the dismissal notice.
The prescription period to open a lawsuit should be taken into con-
sideration ex officio by the judge.
According to accelerated trial procedure, the case must be con-
cluded within two months. In
case of an appealed decision, the
Supreme Court gives a final decision within a month
.
Burden of Proof in a Re-employment Lawsuit
According to Turkish Civil Law, “everybody is obliged to prove
their claim.” However, according to Article 20/2 of the Labor Law, the
employer is obliged to prove that the termination is based on a valid
reason. If the employee claims that the termination is based on a rea-
son different from the reason given by the employer for termination,
then the employee has the burden of proof.
Form and Content of the Notice of Termination
Whether or not the reason is justified, the employer who termi-
nates the contract is obliged to give an explanation to the employee.
According to Article 19 of the Labor Law, notice of termination made
by the employer should be in written form and must state the reason
for termination clearly and precisely.
Plea of the Employee
According to Article 19 of the Labor Law, where the employee
files a claim in their defense, the indefinite-term contract of the
employee shall not be terminated for reasons related to behavior or
efficiency. Written defense by the employee is recommended.
332
NEWSLETTER 2014