5.1 REINSTATEMENT TO EMPLOYMENT CLAIM PETITION

 

To be forwarded to the Bandırma Civil Court (acting as a Labor Court) via the Istanbul Duty Labor Court.

 

PLAINTIFF: Mustafa Aras (Turkish National Identity Number: 88556622369)
Siyam neighborhood, Deniz street, No: 14/14, Bahçelievler/Istanbul

REPRESENTATIVE: Attorney Sabahat Yılmaz – UETS

DEFENDANT: Hicri Ercili Transportation Trade Inc.
Kartal neighborhood, Döneme street no:14 Bandırma/Balıkesir

SUBJECT: Our request is for the reinstatement of our client to his job, payment of four months' wages for the period he was unemployed,
and, in the event that the defendant fails to comply with the reinstatement decision,
payment of eight months' wages as job security compensation.

 

EXPLANATIONS

My client, the plaintiff,
continuously
for the defendant company in Bandırma from January 1, 2020, until January 1, 2026, when his employment contract was unfairly terminated by the defendant, most recently as a truck driver.
This lawsuit has been filed because the defendant company's termination of my client's employment contract is unjust and unfounded
.

OUR REASONS FOR FILING THE LAWSUIT

1- THE DEFENDANT EMPLOYER'S TERMINATION OF THE EMPLOYMENT CONTRACT WAS UNJUST AND NOT
BASED ON A VALID REASON.

The plaintiff's employment contract was terminated on January 1, 2026, without any explanation, by the employee
being summoned to the human resources manager and
informed of their dismissal based on invalid and unfounded reasons. My client stated that they were given no opportunity to defend themselves
and that another employee was hired in their place.
In other words, the evidence provided clarifies this situation in my client's favor.
Therefore, compensation for the damages caused by this wrongful act is required, and
the reinstatement of the employee is requested.

2- MY CLIENT'S SEVERANCE AND NOTICE
PAYMENTS HAVE NOT BEEN PAID DUE TO UNJUSTIFIED TERMINATION. OUR LAWSUIT REGARDING THIS DEBT
IS STILL PENDING. THE CASE NUMBER WILL BE PROVIDED LATER.

My client received allowances such as Minimum Living Allowance, child allowance, administrative differential,
cashier compensation, and meal allowance in addition to their monthly net salary. Their daily gross salary was ….. TL, and with
…… TL child allowance, …… TL administrative differential, …… TL cashier compensation, and …… TL meal
allowance, their monthly gross salary was ……….. TL.
Article 21, paragraph 3 of the Turkish Labor Law No. 4857 states: “
For the period during which the employee is not employed until the decision becomes final, the employee shall be paid wages and other rights accrued for a maximum of four months
.”
Article 21 of Law No. 4857 further states: “If the employer fails to provide a valid reason, or
if the reason given is determined by a court or private arbitrator to be invalid, the termination
is deemed invalid, the employer is obligated to reinstate the employee within one month. If the employer
fails to reinstate the employee within one month, the employer shall be liable to pay the employee compensation equivalent to at least four months' and at most eight months' wages
.” Therefore, my client's employment contract
was terminated without a valid reason and in bad faith.
In light of this information, the employer has failed to prove that the termination was based on a just
cause; the termination was carried out in bad faith with invalid reasons, causing harm to my client.
Immediate redress of this grievance is requested.

3- TERMINATION SHOULD BE A LAST RESORT.
The defendant employer unjustly dismissed my client based on unfounded accusations.
While the defendant employer's claim to the contrary is not sincere, as emphasized both in legal doctrine and
in Supreme Court precedents, termination should be a last resort.

In its ruling numbered 2007/3150 E. and 2007/5231 K., the 9th Civil Chamber of the Supreme Court of Appeals stated: "
One of the most important principles of Labor Law in terms of job security is the principle that 'termination should be a last resort'.
"

The Supreme Court's 9th Civil Chamber, in its ruling dated February 7, 2005, numbered 2005/1606 E. 2005/3297 K, stated: “In terminations based on the needs of the business, workplace, and work, the reason for termination should not contradict the reason itself, and the principle that termination is a last resort should not be disregarded. In this context, it should also be investigated whether the employee whose employment contract has been terminated has the possibility of being evaluated in another department due to their profession and qualifications . Measures such as fixed-term and flexible working arrangements should be considered first. Upon examination of the records and documents submitted to the file, it is understood that the defendant employer engaged in practices contradicting the reason for termination it claimed. For example, the defendant employer hired new personnel , decided to pay incentive bonuses to all employees in the year [year] due to the income of [year], which contradicts the fact that the employer suffered losses , the termination is not based on valid reasons, and furthermore, the termination letter mentions a Board of Directors decision but does not explicitly state the reasons for termination.”

For the reasons explained above, we primarily request that the court order the reinstatement of our client to their job, the payment of 4 months' wages for the period of unemployment , and, if the defendant fails to comply with this decision, that the job security compensation be determined as 8 months' wages.

 

LEGAL GROUNDS:
Labor Law, Code of Civil Procedure, and all relevant legal regulations.

 

EVIDENCE
• Client's workplace file (to be obtained from the defendant)
• Employment contract
• Social Security Institution (SGK) service record
• Payrolls
• Termination notice / dismissal notice
• Warning letter, request for defense, defense statement
• Performance evaluation forms
• Documents related to disciplinary action, if any
• Job description, organizational chart
• Email correspondence
• WhatsApp / SMS correspondence
• Internal company messaging records
• Digital documents, system records
• Witness statements (Witness names may be provided separately during the trial)
• SGK records
• Ministry of Labor and Social Security records
• Labor inspector reports (if any)
• Expert examination
• Oath and all other legal evidence

 

CONCLUSION AND REQUEST
For the reasons explained above; we respectfully request and demand that our case be accepted and that,
1. The termination of the employment contract dated 01/01/2026 be annulled and our client be REINSTATED to his/her JOB,
2. Along with the reinstatement decision,
four months' wages be paid for the period of unemployment
No. 4857, 3. If our client is not reinstated
, the job security compensation to be paid in accordance with Article 21, paragraph 1 of Law No. 4857 be determined as the equivalent of eight months' wages,
4. The court costs and attorney's fees
be borne by the defendant.

 

 

Plaintiff's attorney:
Sabahat Yılmaz