354 / 521
As clearly stated in the relevant provision, the application to the
employer must be made within ten working days upon the notification
of the finalized court decision.
If the employee does not commence work despite the re-employ-
ment invitation of the employer, then in that case, the manner in which
the rights that are laid down under Art. 21 of the Labor Law would be
affected is of great importance.
If the employee does not commence work despite a re-employ-
ment invitation that was duly made, the Court of Cassation considers
this to be an act that upholds the termination. The 9th Civil Chamber
of the Court of Cassation and the Assembly of Civil Chambers of the
Court of Cassation have rendered various decisions in this respect
4
.
The aforementioned Court of Cassation practice is criticized by the
doctrine. In accordance with this opinion, there is no legal provision
that obliges an employee to accept the invitation of the employer to
work with an employer who has terminated the labor contract without
any valid reason. Additionally, even if the employee does not accept
the re-employment invitation, a legal interest exists to request determi-
nation of the invalidity of the termination
5
.
In addition to this practice, the Court of Cassation seeks certain
conditions concerning the intention of the employer to re-employ the
worker. In one of its recent decisions, the Court of Cassation decided
that the intention of re-employment of the employer should be realis-
tic. In the relevant case, the fact that the employer required the employ-
ee to attend various educational programs, and declared that it would
re-employ the worker on the condition that the employer was success-
ful on his/her examination, the Court did not consider this to be an invi-
tation to re-employ the employee
6
.
338
NEWSLETTER 2014
4
Please see the decision dated 11.06.2007 and numbered 2007/15603 E., 2007/18639 K. of the
9
th
Civil Chamber of the Court of Cassation, decision dated 16.04.2014 and numbered 2013/22-
1106 E., 2014/538 K. of the Assembly of Civil Chambers of the Court of Cassation. Source:
www.kazanci.com.tr.
5
Süzek
, p. 634.
6
Please see the decision dated 01.10.2014 and numbered 2013/22-1158 E., 2014/743 K. of the
Assembly of Civil Chambers of the Court of Cassation. Source:
www.kazanci.com.tr.