Petition for Reinstatement to Employment 

 

 

TO THE DUTY LABOR COURT JUDGE [Name of Province]

PLAINTIFF: [Name and Surname] (Turkish Republic Identity Number: [Turkish Republic Identity Number]) – [Address Information]

ATTORNEY: Lawyer [Lawyer's Name and Surname] – [Address] – [Mobile Phone Number]

DEFENDANT: [Company Name] Retail Inc. ([Branch Name] Branch) – [Address Information]

SUBJECT: Our lawsuit petition requesting reinstatement to employment.

 

EXPLANATIONS

 

1- My client started working for the defendant company on [Day/Month/Year] with an indefinite-term employment contract, which was terminated by the employer on [Day/Month/Year] for reasons lacking legal basis. Until the termination of the employment contract, my client served the workplace without any problems and performed their duties completely and to the best of their ability. The reasons stated in the termination notice lack legal basis, and the termination, which was made without considering my client's defenses, is an indication that it is unfair and unfounded.

2- My client has been an extremely productive and successful employee throughout his/her employment. The defendant employer never issued any warnings or expressed any dissatisfaction with my client during his/her employment. On the contrary, there was an increase in work efficiency and productivity after my client started working. Examination of the workplace records and my client's personal file will reveal his/her diligence, performance, and how trouble-free an employee he/she is. My client was most recently employed at the defendant's workplace [Position Name] . He/she received a gross monthly salary of [Gross Salary Amount] TL and of [Net Salary Amount] TL.

3- My client received the reward for their productive performance while working for the defendant employer by being dismissed without any reason. The fact that my client was dismissed on legally unfounded grounds, without any justifiable reason, is contrary to law and fairness.

5- In addition, the client has become financially insolvent due to the fact that his/her rights arising from his/her working life have not been paid to him/her (as of the date of the lawsuit) after the termination of his/her employment contract, and that he/she has no other income.

6- My client was unfairly and unjustifiably dismissed from his job, and this lawsuit for reinstatement has become necessary for him.

 

EVIDENCE

[Day/Month/Year] , Warning Letter, my client's personal file from their workplace, Social Security Institution registration file and Social Security Institution records, expert examination, camera recordings, witness testimonies and all other legal evidence.

OUR WITNESSES: 1- [Witness Name and Surname] (Turkish Republic Identity Number: [Turkish Republic Identity Number]) – [Address Information] 2- [Witness Name and Surname] (Turkish Republic Identity Number: [Turkish Republic Identity Number]) – [Address Information]

LEGAL GROUNDS: Labor Law, Turkish Code of Obligations and related legislation.

 

CONCLUSION AND REQUEST

For the reasons briefly stated above, we request that the lawsuit be accepted, reserving our rights to file a claim for material and moral damages, severance pay, notice pay, and other receivables

• The court requests that the termination notice issued by the defendant employer on [Day/Month/Year] regarding the dismissal of my client be determined to be unfair and unlawful, and that my client be reinstated to his/her job.
• Following the decision determining that the termination of the employment contract was invalid, the employer is required to reinstate the employee within one month, in accordance with Article 21 of the Labor Law
• If the employer fails to reinstate the employee, the termination will be considered to be in bad faith, and the employer shall pay the employee compensation equivalent to 8 months' wages
• The court orders that the client employee be paid four months' wages and all other entitlements for the period during which he was not employed until the decision becomes final
• I respectfully request and demand, as the attorney, that the court order the defendant to pay the court costs and attorney's fees. [Day/Month/Year]

Plaintiff's Attorney [Attorney's Name and Surname] Signature

Attachments: 1- Copy of power of attorney, 2- Copy of indefinite-term employment contract, 3- Employment certificate, 4- Notification of termination of employment contract.

 

ATTENTION!

A worker filing a lawsuit for reinstatement due to unfair dismissal is for workers who have job security. If you have job security:

1. An application for reinstatement must be submitted within 1 month of the date of notification of termination. (The termination notice must be a written document clearly stating the reason.)

2. If no resolution is reached, a lawsuit for reinstatement must be filed with the labor courts within two weeks of the date of the last report.

If a lawsuit is filed without first resorting to mediation, the case will be dismissed on procedural grounds; however, the process can be restarted by applying to a mediator within two weeks of the notification of this decision.

3. If the court decision is in favor of the employee, an application must be made to the employer within 10 working days. Otherwise, the termination is considered valid. The employer is also obliged to reinstate the employee at the workplace within 1 month.

4. If the employer does not hire the employee within 1 month:

Compensation equivalent to 4-8 months' wages and other wages and benefits up to a maximum of 4 months' wages for the period until the decision becomes final will be paid.

If you do not have job security, you will be paid compensation for unfair dismissal equal to three times the notice period. Severance pay is separate from this.

 

Bedirhan TAŞÇI