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04. Labor Law
Reinstatement & Unfair Termination Cases
Unfair termination occurs when an employee is dismissed without a valid reason. Reinstatement lawsuits are filed to resolve the grievances of employees and ensure job security. In these lawsuits, the employer has the burden of proving the reasons for termination of the employment contract.
Statistics:
In Türkiye, 60% of labor cases are based on unfair termination claims. As of 2023, courts have ruled in favor of workers in 70% of reinstatement cases.
Important Subheadings:
Job Security Principle: Protection of workers against termination.
Procedural Rules in the Termination Process: Burden of proof of valid reasons.
Severance and Notice Pay
Severance and notice pay is one of the most important legal rights of employees who leave or are laid off. While severance pay is paid in return for the years of labor the employee has given to the employer, notice pay is a payment method intended to compensate for irregularities experienced during the dismissal process of the employee.
Statistics:
In Türkiye, 40% of the labor cases filed in 2023 are related to severance and notice pay. In such cases, court processes take an average of 6 months and 85% of workers can obtain their rights through a court decision.
Important Subheadings:
Compensation Calculation Criteria: Seniority period and salary calculations.
Protection of Rights: The employer's obligation to fulfill his obligations.