Relations between employees and employers are shaped within the framework of the rules set by labor law. However, disputes may arise from time to time in business life due to violations of workers’ rights or unlawful dismissals. One of the most common problems faced by workers is non-payment of labor receivables and reinstatement lawsuits. Labor receivables include receivables such as wages, overtime, severance and notice pay that workers are entitled to during their employment but are not paid by the employer. Reinstatement lawsuits, on the other hand, are lawsuits filed to ensure the reinstatement of workers who have been dismissed for unfair or invalid reasons.
In labor law, there are certain legal remedies for workers to protect their rights. When workers are dismissed or cannot collect their receivables, they should first apply to the mediation process, and if no agreement is reached, they can claim their rights through litigation. In this process, it is of great importance that workers know their rights and use legal remedies in a timely manner. Labor receivables and reinstatement lawsuits are legal mechanisms to remedy the victimization of the employee and are designed to prevent arbitrary practices of employers.
What are Labor Claims?
In labor law, there are various types of receivables to which workers are entitled and which must be paid by the employer. Labor claims usually arise when the employment contract ends and refer to the employer’s debts to the employee. The most common types of labor claims are:
1. Severance Pay: It is the compensation that the employee is entitled to if he/she works for at least one year for the same employer and is dismissed. Severance pay must be paid if the employer unfairly dismisses the employee or if the employee quits the job for a justified reason.
2. Notice Pay: The employer must give a certain period of notice before dismissing the employee. If the employer dismisses the employee without notice, he/she must pay the employee notice pay.
3. Overtime Pay: According to the Labor Law, work exceeding 45 hours per week is considered overtime and the employee must be paid 50% more than his/her normal wage for such work.
4. Annual Leave Pay: If workers have unused annual leave, they must be paid for this leave when the employment contract expires.
5. Week Holiday and Public Holiday Wages: If workers are employed on week holidays and public holidays, they should receive additional wages. If the employer fails to make these payments, the employee may file a lawsuit and claim his/her rights.
If there is a dispute between the employee and the employer regarding labor receivables, the employee should first apply to the mediation process, and if a settlement cannot be reached, he/she can claim his/her rights by filing a lawsuit with the labor court.
What is a Reinstatement Case?
A reinstatement lawsuit is a lawsuit that can be filed by employees covered by job security in the event that they are dismissed by the employer for unfair and invalid reasons. According to the Labor Law, workers with at least 6 months of seniority in a workplace employing at least 30 workers have the right to file a reemployment lawsuit when they are dismissed.
The employer must show a valid reason for dismissing an employee. If the employee is dismissed without valid reasons such as poor performance, incompatibility in the workplace, the employee may file a reinstatement lawsuit. The reasons presented by the employer, the defense of the employee and the evidence are examined by the court and a decision is made.
In order to file a reemployment lawsuit, the mandatory mediation process must first be completed. If the parties cannot reach an agreement during the mediation process, the employee may file a lawsuit before the labor court.
Conditions for Filing a Reemployment Lawsuit
Certain conditions must be met in order to file a reemployment lawsuit:
- The worker must have at least 6 months of seniority.
- At least 30 workers must be employed at the workplace.
- The worker must be working under an indefinite-term employment contract.
- The employer must have dismissed the employee without a valid reason.
- The worker must apply to the mediator within 1 month after the dismissal and file a lawsuit if the mediation process fails.
Consequences of a Reinstatement Case
If the reemployment case is concluded in favor of the employee, the employer must reinstate the employee. If the employer does not reinstate the employee, the court may order the employer to pay the employee compensation in the amount of 4 to 8 months’ wages.
The worker must apply to the employer within 10 days of the court decision and request reinstatement. If the employer does not reinstate the worker, he/she must pay the compensation for non-reinstatement determined by the court, as well as 4 months’ salary for the idle period.
How Does the Process Work in Employment Claims and Reinstatement Cases?
Labor claims and reinstatement cases are carried out within the framework of a specific legal process. In cases where a worker is dismissed or does not receive the receivables he/she is entitled to, he/she should follow these steps:
- Application to the Mediator: The worker must first complete the mediation process for the reinstatement case or labor receivables.
- Filing of the Lawsuit If the mediation process fails, the employee can file a lawsuit before the labor court.
- Court Process: The court evaluates the employee’s claims and the employer’s defense and makes its decision. While labor claims cases are usually concluded more quickly, reinstatement cases can take several months.
- Implementation of the Decision: If the court rules in favor of the worker, the employer must pay or reinstate the worker.
