Unfair Dismissal in Turkey: The Reinstatement Lawsuit and the One-Month Deadline

An employee in Turkey (Türkiye) who is dismissed without a valid reason can challenge the dismissal and ask to be reinstated — but only by applying to a mediator within one month of receiving the notice of termination (Labour Law No. 4857, Art. 20). The protection covers employees with at least six months' service, on an indefinite-term contract, in a workplace with thirty or more employees (Art. 18). If the dismissal is found invalid and the employer does not take the employee back, the employer must pay compensation of four to eight months' wages, plus up to four months' wages for the period out of work (Art. 21). Foreign employees with a work permit have exactly the same rights.

The one-month period is the shortest and most unforgiving deadline in Turkish employment law, and it is the one foreigners most often miss — usually because they are negotiating, waiting for a promised payment, or dealing with the residence consequences of losing the job. This guide explains who is protected, what counts as a valid reason, the procedure and what can realistically be obtained.

• Who is protected: six months' service, indefinite-term contract, thirty or more employees (Art. 18).
• Valid reason required: the employee's capacity or conduct, or the requirements of the business (Art. 18).
• Form: written notice stating the reason clearly and precisely; the employee's defence must be taken first for conduct or performance (Art. 19).
• Deadline: mediator within one month of notification (Art. 20).
• Court: labour court within two weeks of the final mediation record (Art. 20).
• Burden of proof: on the employer (Art. 20).
• If not reinstated: four to eight months' wages (Art. 21).
• Idle-period pay: up to four months' wages and other rights (Art. 21).

Legal status of this guide. It reflects the Labour Law (No. 4857) and the Labour Courts Law (No. 7036) as in force. Monetary ceilings for severance pay change twice a year and are not stated here. Last updated: October 2026.

In this guide

• Who has job security
• Valid reason and just cause
• How a lawful dismissal must be carried out
• Reasons that are never valid
• Challenging the dismissal step by step
• What you receive if you win
• Claims that do not depend on reinstatement
• If you are outside job security
• Releases, resignation letters and settlements
• Points specific to foreign employees
• Frequently asked questions

Who has job security

The reinstatement rules apply only where all of these are satisfied (Art. 18):

Condition	Detail
Thirty or more employees	Counted across all the employer's workplaces in the same line of business in Turkey, not just the branch where you work.
At least six months' service	Periods in the same employer's different workplaces are added together. Underground workers need no minimum service.
Indefinite-term contract	A genuine fixed-term contract ends by expiry. But a fixed term without an objective reason, or successive fixed-term contracts, are treated as indefinite.
Not a top-level employer's representative	Those who manage the whole enterprise, and those who manage the whole workplace with authority to hire and fire, are excluded.
Covered by the Labour Law	Most private-sector employees. Some groups, such as certain maritime and agricultural workers, fall under other laws.

Employees who do not meet these conditions are not without protection, but their remedy is different and weaker; see below.

The general framework of working time, wages, leave and severance is covered in our guide to foreign employee rights in Turkey.

Valid reason and just cause

Turkish law distinguishes two levels of reason, with different consequences.

Valid reason (geçerli sebep) — Article 18

An employer terminating the contract of a protected employee must rely on a valid reason arising from the employee's capacity, the employee's conduct, or the requirements of the enterprise, the workplace or the work.

• Capacity: persistent under-performance measured against objective criteria, lack of the skills the job requires, frequent illness that disrupts work.
• Conduct: breaches of duty that fall short of just cause — repeated lateness, failure to follow instructions, causing friction, minor damage — normally after a warning.
• Operational: loss of orders, restructuring, closing a department, new technology. The courts require a genuine business decision applied consistently, and that dismissal was the last resort: could the employee have been moved to another post, retrained, put on reduced hours?

A dismissal for a valid reason is made with notice — two, four, six or eight weeks depending on length of service (Art. 17) — or pay in lieu, and the employee keeps the right to severance pay.

Just cause (haklı neden) — Article 25

For serious matters the employer may terminate immediately, without notice. The most important category is conduct contrary to morality and good faith: dishonesty, theft, insulting or assaulting the employer or colleagues, sexual harassment, unauthorised absence for the periods specified by law, endangering safety, and deliberately or grossly negligently causing damage above a set level. Dismissal under this heading means no notice pay and no severance pay.

The right to terminate for conduct contrary to morality and good faith must be exercised within six working days of the day the other party learned of the conduct, and in any event within one year of the act, unless the employee gained a material benefit from it (Art. 26). An employer who waits weeks after discovering alleged misconduct loses the right to dismiss summarily for it.

Employers frequently label a dismissal as "just cause" to avoid severance. The label does not decide the matter; the court examines what actually happened. An employee protected by job security can challenge both whether the cause existed and whether the procedure was followed.

How a lawful dismissal must be carried out

Article 19 imposes three requirements, each of which, if missed, makes the dismissal invalid whatever the underlying reason.

1. In writing. The notice of termination must be written. An oral dismissal, a message, or being locked out of the system is not a valid notice.
2. Reason stated clearly and precisely. "Restructuring" or "poor performance" without particulars is not enough. The employer is bound by the reason stated and cannot substitute a different one in court.
3. Defence first. An indefinite-term contract cannot be terminated for reasons related to the employee's conduct or performance without first taking the employee's defence against the allegations. The employee must be told the allegation and given a reasonable opportunity to respond before the decision. This does not apply where the employer terminates for just cause on grounds of immoral conduct under Article 25(II).

If you are handed a document, ask for a copy before signing. You may sign to acknowledge receipt while writing by hand "received on [date]; I do not accept the content". Signing for receipt is not consent; refusing to take the document does not stop the clock if the employer can prove it was offered or served through a notary.

Reasons that are never valid

The Law lists matters that in particular do not constitute a valid reason (Art. 18):

• trade union membership or participation in union activities outside working hours, or within them with the employer's consent;
• acting as a workplace union representative;
• applying to administrative or judicial authorities against the employer to pursue rights or fulfil obligations under legislation or the contract, or taking part in such proceedings;
• race, colour, sex, marital status, family responsibilities, pregnancy, birth, religion, political opinion and similar reasons;
• absence during the periods in which women may not be made to work around childbirth;
• temporary absence due to illness or accident within the waiting period provided by law.

Nationality and ethnic origin fall within "similar reasons". A foreign employee dismissed because of where he or she comes from, or in retaliation for a complaint about unpaid wages or unregistered work, has a strong case. The employer bears the burden of proving a valid reason; if the employee claims the real reason was something else, the employee must prove that (Art. 20).

Challenging the dismissal step by step

1. Apply to a mediator — within one month

An employee whose contract has been terminated must apply to a mediator with a request for reinstatement within one month of the date the notice of termination was served, claiming that no reason was given or that the reason is not valid (Art. 20). Mediation is a precondition of suing for all employee claims and for reinstatement (Law No. 7036, Art. 3).

• Apply at the mediation office in the courthouse of the place where the employer is domiciled or where the work was performed. The application is free and can be made by a lawyer under a power of attorney.
• The mediator is appointed from an official list, contacts both sides and holds a meeting, in person or online. The process is designed to conclude within a few weeks.
• If the parties agree, the agreement is recorded and is enforceable; a matter settled in mediation cannot be litigated.
• If not, the mediator draws up a final record of non-agreement.

The one-month period is a forfeiture period. It is not extended by negotiations, by a promise of payment, by illness or by absence from Turkey. If you are leaving the country, give a lawyer a power of attorney that includes authority to attend mediation; see our guide to powers of attorney for Turkey.

2. File in the labour court — within two weeks

If mediation fails, the lawsuit must be filed in the labour court within two weeks of the date of the final record (Art. 20). The original or a certified copy of the record is attached to the claim. A case filed without prior mediation is dismissed on procedural grounds; in that event the employee may still apply to a mediator within two weeks of service of the final dismissal decision.

3. The trial

The employer must prove that the termination rested on a valid reason and that the procedure was followed. The court examines the notice, the defence request, personnel and payroll records, organisational charts and hiring after the dismissal, and hears witnesses. In operational dismissals an expert often inspects the workplace: did the claimed restructuring actually happen, were new staff taken on for the same work, was there another post?

The case is to be decided with urgency. On appeal, the regional court of appeal decides urgently and finally (Art. 20) — there is no further appeal to the Court of Cassation in reinstatement cases. In practice, first instance and appeal together commonly take a year or more.

What you receive if you win

When the court finds that no valid reason was given, or that the reason given was not valid, it declares the termination invalid. The consequences follow from Article 21.

1. Apply to return — within ten working days. The employee must apply to the employer to start work within ten working days of service of the final judgment. If the employee does not apply in time, the termination is treated as valid and the employee receives only the ordinary consequences of a valid termination. Apply through a notary so that the date is provable.
2. The employer has one month to reinstate.
3. If reinstated, the employee is paid wages and other rights for the period out of work, up to a maximum of four months. Notice pay and severance pay already received are set off.
4. If not reinstated, the employer must pay, in addition to those four months, compensation of at least four and at most eight months' wages. The court fixes the number of months in its judgment, taking account of length of service and the reason for dismissal.
5. Notice and severance become payable on the basis that the contract ended on the date the employer refused reinstatement, if they were not paid before.

The court states the compensation and idle-period pay in monetary terms based on the wage at the date of the lawsuit. Agreements to exclude or reduce these consequences are void.

Most employers do not take the employee back. In economic terms a successful reinstatement claim is therefore worth eight to twelve months' wages, on top of severance and notice pay. That figure is also the reference point for settlements in mediation.

Claims that do not depend on reinstatement

Reinstatement is one claim among several, and the others have longer time limits.

• Severance pay: thirty days' gross wages for each full year of service, subject to a statutory ceiling, where the employee has at least one year of service and the contract ended in a way that gives entitlement — dismissal other than for immoral conduct, resignation for just cause, and certain other cases.
• Notice pay: wages for the notice period where the employer dismissed without giving notice and without just cause (Art. 17).
• Unused annual leave, paid at the final wage on termination.
• Overtime, weekend and public holiday pay, and unpaid wages.
• Discrimination compensation of up to four months' wages where the principle of equal treatment was breached.
• Unemployment benefit from the public employment agency, if the conditions on contributions and the manner of termination are met. Apply promptly after termination.

These can be claimed in the same mediation and, if necessary, in a separate lawsuit. Limitation periods are measured in years, not weeks, but should be checked for each claim.

The employee, too, can terminate for just cause and keep severance — for example where wages are not paid in full, social security premiums are under-declared, or the employee is harassed or insulted (Art. 24). An employee who is being pushed out by non-payment may be better served by terminating on that ground than by waiting to be dismissed.

If you are outside job security

Employees in workplaces with fewer than thirty staff, or with less than six months' service, cannot claim reinstatement. If such an employee's contract is ended by abuse of the right to terminate — in bad faith, for instance in retaliation for a complaint or for refusing an unlawful instruction — the employer must pay compensation of three times the notice period wages, in addition to notice pay if notice was not given (Art. 17). The employee bears the burden of proving bad faith.

Severance, notice, leave and overtime claims are available irrespective of the size of the workplace.

Dismissed in the last few weeks? The mediator application must be made within one month of the notice. Send the termination letter, your contract and your start date. Message Yayla Law on WhatsApp or use the contact form.

Releases, resignation letters and settlements

• Resignation letters. Employers often ask a dismissed employee to sign a resignation "for the paperwork". A resignation removes entitlement to severance and notice pay, unemployment benefit and the reinstatement claim. If you were dismissed, do not sign a resignation. A resignation obtained by pressure can be challenged, but the burden is on you.
• Mutual termination agreements (ikale). A contract can be ended by agreement. Courts uphold such agreements only where the employee received a reasonable benefit beyond statutory entitlements; an agreement that simply repackages a dismissal without additional payment is treated as a dismissal.
• Releases (ibraname). A release is valid only if it is in writing, is signed at least one month after the end of the contract, states the type and amount of each receivable and payment is made in full through a bank. A release signed on the last day of work, or for amounts not actually paid, does not bar claims.
• Mediation settlements are final. Read the record before signing; what is settled there cannot be reopened.

Points specific to foreign employees

• Same rights. The Labour Law applies to every employee working in Turkey regardless of nationality. A choice of foreign law in the contract cannot deprive an employee who habitually works in Turkey of the mandatory protection of Turkish law.
• The work permit is tied to the employer. Termination leads to cancellation of the work permit, and with it the right of residence that the permit carried. You need another basis to stay — a new employer's application, or a residence permit on another ground — within a short period. Plan this at the same time as the employment claim; see our guide to work permit refusals and renewals.
• Leaving Turkey does not end the claim, provided mediation is started in time through a lawyer.
• Working without a permit. An employee who worked without a work permit can still claim wages and other entitlements for work actually performed; the employer cannot use its own illegality as a defence. Reinstatement, however, is not realistic without a permit. See our guide to working without a work permit in Turkey.
• Under-declared wages. Where part of the salary was paid in cash and only the minimum declared, compensation is calculated on the real wage if it can be proved — bank transfers, messages, witness evidence, sector pay surveys.
• Documents. Before you lose access, save your contract, payslips, work permit, emails on performance and the dismissal correspondence.

Frequently asked questions

How long do I have to challenge a dismissal in Turkey?

One month from service of the termination notice to apply to a mediator, and two weeks from the mediator's final record to file in the labour court.

Who can file a reinstatement lawsuit?

An employee with at least six months' service, on an indefinite-term contract, in a workplace of thirty or more employees, who is not a top-level employer's representative.

What is a valid reason for dismissal?

A reason arising from the employee's capacity or conduct, or from the operational requirements of the business, applied as a last resort and communicated in writing with clear reasons.

Will I really get my job back?

Rarely. Most employers choose to pay compensation of four to eight months' wages instead, plus up to four months' pay for the period out of work.

Do I have to go to mediation first?

Yes. Mediation is a mandatory precondition. A lawsuit filed without it is dismissed.

My employer dismissed me orally. Is that valid?

No. The notice must be in writing and state the reason clearly. An oral dismissal of a protected employee is invalid on that ground alone.

Can I claim if the company has fewer than thirty employees?

Not reinstatement. You can claim severance, notice pay and other entitlements, and bad-faith compensation of three times the notice pay if the dismissal was abusive.

I signed a release when I left. Can I still sue?

Often yes. A release is valid only if signed at least one month after termination, itemised, and paid in full through a bank.

Do foreign workers have the same rights?

Yes. The Labour Law applies equally. The additional issue for foreigners is the work permit, which ends with the employment.

Legal basis and sources

• Labour Law No. 4857, Articles 17–21 and 24–26 — official consolidated text at mevzuat.gov.tr.
• Labour Courts Law No. 7036, Article 3 — mevzuat.gov.tr.
• Turkish Code of Obligations No. 6098, Article 420 (releases).
• International Labour Force Law No. 6735.

This article provides general legal information on Turkish law as of October 2026. It is not legal advice. Deadlines run from the date of service of the notice in each individual case.