352 / 521
employer does not re-employ the worker, compensation at not less than
four months’ wages of the employee, and not more than eight months’
wages, shall be paid to the employee by the employer.
Pursuant to Art. 21/5 of the Labor Law, in order for the worker to
be re-employed, the worker must apply to the employer within ten
working days of the date upon which the finalized court decision was
communicated to the employee. If the employee does not apply with-
in the said period of time, his/her termination shall be deemed valid, in
which case the employer shall be held liable only for legal conse-
quences of a valid termination.
The qualification of the court decision determining the
termination is invalid
Pursuant to Art. 21 of the Labor Law, the employee claiming that
his/her termination is invalid initiates a re-employment lawsuit. The
decision of the court to be given at the end of such lawsuit is, in line
with the clear wording of Art. 21/1, a declaratory decision. When the
wording of the law stating that “the court or the arbitrator declares that
the termination is unjustified since no valid reason has been given” is
taken into consideration, it is clear that this is a declaratory decision.
One of the direct consequences of such qualification is that the relevant
decision cannot be subject to enforcement proceedings based on a
court decision
2
.
At this point, the Labor Courts sometimes render decisions declar-
ing that a termination is invalid, but also calculates the compensation
to be granted in favor of the employee, and decides on the collection of
any compensation amounts. However, the Court of Cassation reverses
decisions that pertain to collection of job security compensation,
and the calculation of four months’ wages of the employee. For
instance, the decision dated 11.09.2003 numbered 2003/14994 E. and
2003/14267 K. of the 9th Civil Chamber of the Court of Cassation
emphasizes this point:
“However, the fact that the courts decide on claims pertaining
to compensation and receivables in addition to re-employment
336
NEWSLETTER 2014
2
Sarper Süzek
, İş Hukuku, Yenilenmiş 9.Baskı, İstanbul 2013, p. 630 (“
Süzek
”).