This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İş Güvencesi: 30 İşçi Şartı ve İşe İade Davası.
Three conditions must be met together for statutory job security: at least thirty workers at the workplace, at least six months of service, and an indefinite-term contract (Article 18 of the Labour Act). Where they are met the employer must base a termination on a valid reason; otherwise a reinstatement claim may be brought.
Job security prevents an employer from dismissing at will and gives the employee, where the dismissal was unjustified, the possibility of reinstatement or compensation. The question people ask first is: “Do I qualify?” The criteria are less restrictive than they are assumed to be.
Who Qualifies?
- At least 30 workers at the workplace. The total number across all the employer's workplaces in the same branch of activity is counted. Even where one workplace has 29, the threshold is met if the employer's other branches in the same activity bring the total above 30.
- At least 6 months' service, calculated including any probationary period.
- An indefinite-term contract. Those on fixed-term contracts fall outside the scope as a rule.
- Not a senior manager acting for the employer. A general manager or similar senior executive with authority to run the whole undertaking is outside the scope.
One exception matters especially: the thirty-worker threshold does not apply to workplace trade union representatives, who benefit from job security even in smaller workplaces.
What Counts as a Valid Reason?
An employer dismissing a worker within the scope of job security must base the termination on a valid reason, in one of two categories.
1. Reasons relating to the worker's capacity or conduct:
- inadequate performance (which must be measurable and documented)
- absence from work
- serious incompatibility with colleagues
- conduct not corrected despite warnings
2. Reasons arising from the requirements of the undertaking: a fall in production, restructuring, closure of a department, or economic difficulty.
Two principles apply here and decide most cases:
- Termination as a last resort. The employer must show that the worker could not be employed in another suitable post, and that measures short of dismissal were considered.
- Consistency. Where dismissals are made for economic reasons while new recruitment continues in the same posts, the reason is not accepted as valid.
The burden of proving the reason lies on the employer, and it must be given in writing at the time of the termination. A reason advanced for the first time in court is not taken into account.
| Step | Period | Note |
|---|---|---|
| Application to a mediator | 1 month from the notice of termination | A condition of the action; a forfeiture period |
| Bringing the claim | 2 weeks from the final minutes of the mediation | Labour court |
| Judgment | — | Final at the regional court of appeal; no further appeal |
| Application to return to work | 10 working days from notification of the judgment | Made to the employer |
| Employer's response | 1 month | Reinstate, or pay the compensation |
| Pay for the period out of work | Up to 4 months | Paid whether or not the worker is taken back |
| Compensation for non-reinstatement | 4 to 8 months' wages | Fixed by the court |
The one-month period for applying to a mediator is a forfeiture period; missing it ends the reinstatement claim entirely.
How the Reinstatement Claim Works
A worker who considers the termination invalid must apply to a mediator within one month of the notice of termination. That is a condition of the action and a forfeiture period.
If no agreement is reached, the claim is brought in the labour court within two weeks of the final minutes of the mediation.
Where the court finds the termination invalid, it decides that the worker should be reinstated and fixes:
- pay for the period out of work — up to four months' wages and other entitlements, payable whether or not the worker is taken back;
- compensation for non-reinstatement — between four and eight months' wages, payable if the employer does not take the worker back.
After the judgment the worker must apply to the employer within ten working days to return to work. A worker who does not apply is treated as having been validly dismissed and loses both sums. The employer then has one month to reinstate or to pay the compensation.
What to Keep
- the written notice of termination and the reason it gives
- any warnings and requests for explanations, and your responses
- performance records, targets and appraisals
- evidence that recruitment continued for the same post after your dismissal
- the number of workers at the workplace, and at the employer's other workplaces in the same activity
The reinstatement claim lives or dies on a single deadline: the application to a mediator within one month of the notice. It is a forfeiture period, and no argument about the merits survives it. Diary it the day the notice is served.
Frequently Asked Questions
Do I qualify for job security?
If your workplace has at least thirty workers, you have at least six months' service, you are on an indefinite-term contract, and you are not a senior manager acting for the employer. Trade union representatives qualify regardless of the threshold.
How is the thirty-worker threshold counted?
Across all the employer's workplaces in the same branch of activity, not just the one where you work.
Who has to prove the reason for dismissal?
The employer, and the reason must be given in writing at the time. A reason advanced for the first time in court is not taken into account.
How long do I have to bring a reinstatement claim?
You must apply to a mediator within one month of the notice of termination, and bring the claim within two weeks of the final minutes if no agreement is reached.
What do I receive if I win?
Up to four months' pay for the period out of work, payable in any event, and compensation for non-reinstatement of four to eight months' wages if the employer does not take you back — provided you apply to return within ten working days of the judgment.