This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Haksız İşten Çıkarılma: Haklarınız ve Yapmanız Gerekenler.
A dismissal is unfair when the employer cannot base it on a valid reason. The consequences split in two: if you fall within the job security provisions you may bring a reinstatement action; if you do not, severance, notice and bad-faith compensation are what is in play. Which right attaches to which condition, and to which deadline, is set out below.
The Labour Act No. 4857 (İş K.) gives employees substantial protection, but the protection is procedural as much as substantive: the deadlines are short, they are forfeiture periods, and missing one ends the claim regardless of its merits.
Valid Reason and Just Cause
Turkish employment law separates two categories of termination, and the consequences differ sharply.
Just cause (İş K. art. 25) allows the employer to terminate immediately, without notice and without severance pay. The statute groups these grounds in three: health grounds; conduct contrary to morality and good faith (theft, insult to the employer, harassment of colleagues); and compelling circumstances that make performance impossible. Because the consequences are severe, the employer must state precisely which limb is relied on.
Valid reason (İş K. art. 18) allows the employer to terminate, but only on observing the notice period and paying severance. Valid reasons arise either from the requirements of the undertaking, the workplace or the work (economic difficulty, restructuring), or from the employee's capability or conduct. A dismissal on this footing can be challenged by a reinstatement action.
In both cases the burden of proof lies on the employer. Where the reason is unclear or inadequately evidenced, the dismissal is treated as unfair.
What the Employee Is Entitled To
- Severance pay. An employee with at least one year's service with the same employer, whose contract is terminated by the employer for valid reason or by the employee for just cause, is entitled to thirty days' gross salary for each full year of service. A statutory ceiling applies per year and is revised twice a year.
- Notice pay. Where the terminating party does not observe the statutory notice period, it must pay the equivalent gross salary for that period.
- Reinstatement. At workplaces employing thirty or more workers, an employee with at least six months' service under an indefinite-term contract may seek a declaration that the termination was invalid.
- Untaken annual leave. On termination, pay for accrued but untaken leave is due. The limitation period is five years.
- Bad-faith compensation. Where an employee outside the job security provisions is dismissed in bad faith, compensation of three times the notice period is available.
| Right | Condition | Time limit |
|---|---|---|
| Severance pay | At least one year's service and a qualifying form of termination | 5 years from termination |
| Notice pay | Termination without observing the notice period | 5 years from termination |
| Reinstatement | 30+ employees, 6 months' service, indefinite-term contract | Mediation within 1 month of notice of dismissal |
| Wages for the period out of work | Reinstatement judgment becoming final | Follows the judgment |
| Bad-faith compensation | Dismissal in bad faith outside the job security provisions | 5 years from termination |
| Untaken annual leave pay | Termination of the contract | 5 years from termination |
Application to a mediator is a condition of the action for employment receivables as well as for reinstatement. Claims arising from occupational accidents and diseases are exempt.
The Reinstatement Action
The reinstatement action is governed by İş K. arts. 18–21 and seeks a declaration that the termination was invalid.
Who may bring it. An employee at a workplace with thirty or more workers, engaged under an indefinite-term contract, with at least six months' service. Senior managers acting as the employer's representative are excluded.
The two deadlines. Application to a mediator must be made within one month of notice of dismissal. If mediation fails, the action must be brought in the labour court within two weeks of the final mediation record. Both are forfeiture periods: once they pass, the right is gone entirely.
The outcome. If the court holds the termination invalid, the employer may reinstate the employee or decline to do so on paying compensation for non-reinstatement, assessed at between four and eight months' gross salary according to length of service and the gravity of the reason. In addition, up to four months' wages are payable for the period spent out of work during the proceedings.
How Notice Pay Is Calculated
Under İş K. art. 17 the terminating party must give advance notice, the period varying with total length of service:
- Up to 6 months: 2 weeks
- 6 months to 1.5 years: 4 weeks
- 1.5 to 3 years: 6 weeks
- Over 3 years: 8 weeks
A party that does not observe the period pays compensation equal to the gross salary for it. The obligation is mutual: an employee who leaves without notice may equally be liable to the employer.
The employer may pay in lieu of notice. The employee then leaves immediately and receives the notice pay in advance; this does not affect the entitlement to severance pay.
Resignation Under Pressure
A familiar pattern is the ultimatum: "resign, or I will dismiss you." A resignation obtained in that way is given under duress and may be set aside.
Proving it is the difficulty. Witness evidence, e-mail correspondence and message records carry real weight, which is why documenting the pressure while it is happening matters more than describing it afterwards.
Separately, an employee subjected to workplace harassment (mobbing) — systematic pressure, humiliation, exclusion or intimidation — may terminate for just cause. Doing so preserves the entitlement to severance pay and removes any liability for notice pay.
"In terminating an employment contract the employer must rely on a valid reason arising from the capability or conduct of the employee, or from the requirements of the undertaking, the workplace or the work."
İş K. art. 18
What to Do After a Dismissal
- Do not sign the termination notice unconditionally. If you must sign, add a reservation of rights — that you have received it but do not accept its contents.
- Keep the documents. The social security exit notification, the termination letter, the contract, payslips, performance reviews and workplace correspondence are all evidence. Keep copies somewhere the employer cannot reach.
- Watch the one-month deadline. For reinstatement, application to a mediator must be made within one month of notice. After that the right is lost completely.
- Take advice early. The deadlines are short and consecutive; the first decision that has to be made is which route to take, and it has to be made quickly.
You have one month from notice of dismissal to apply to a mediator for reinstatement, and two weeks from the final mediation record to file the action. Both are forfeiture periods. Severance, notice and annual leave claims are subject to a separate five-year limitation period and survive longer.
Frequently Asked Questions
What makes a dismissal unfair?
The employer's inability to base it on a valid reason. The burden of proving the reason lies on the employer.
Who can bring a reinstatement action?
An employee with at least six months' service at a workplace employing thirty or more workers, under an indefinite-term contract.
How long do I have?
One month from notice of dismissal to apply to a mediator, then two weeks from the final mediation record to file. Both are forfeiture periods.
What happens if the employer refuses to take me back?
It pays compensation for non-reinstatement of four to eight months' gross salary, plus up to four months' wages for the period out of work.
I was pressured into resigning. Is that resignation valid?
A resignation given under duress may be set aside, but it must be evidenced — messages, e-mails and witnesses are what decide these cases.