What is termination for union-related reasons? What avenues can a dismissed employee pursue?

In working life, workers' right to unionize is constitutionally guaranteed. Nevertheless, in practice, employers sometimes terminate employment contracts due to workers' union activities, citing other supposedly valid reasons. Such terminations are considered unlawful, and significant protections are provided to the worker.

What is termination for union-related reasons?

Termination for union-related reasons constitutes a violation of the worker's fundamental rights and freedoms. Therefore, Law No. 6356 on Trade Unions and Collective Bargaining Agreements declares termination for union-related reasons invalid, granting the worker both the right to reinstatement and the right to claim union-related compensation

A worker who wishes to return to work can file a lawsuit for reinstatement with the Labor Court. Within the scope of this lawsuit, both union compensation and wages for the period of unemployment can be claimed.

An employee who does not wish to return to work can file a lawsuit in the Labor Court to determine the invalidity of the termination. If the court rules in their favor, the employee 30 days .

Ways to Apply for Reinstatement to Employment

To file a lawsuit for reinstatement, the employee must first be subject to either the Labor Law No. 4857 or the Press Labor Law No. 5953. There is no provision for filing a reinstatement lawsuit for employees subject to other laws. These employees can only claim union compensation.

An employee must apply for mediation before filing a reinstatement lawsuit in the Labor Court. one month . If no agreement is reached through mediation, two weeks . The plaintiff must attach the original or a certified copy of the final mediation report, indicating that no agreement was reached, to the lawsuit petition.

If an employee claims that their employment contract was terminated for union-related reasons, they bear the burden of proof. In this context, the employee's presentation of evidence that creates a strong suspicion that the employer's stated reason for termination is untrue can be crucial for the court to accept the case. Otherwise, if the employee fails to provide sufficient and convincing proof, the court may dismiss the case.

The court evaluates the reason for termination and, if it concludes that the termination was based on union-related grounds, it rules that the termination is invalid and orders the employee's reinstatement. Furthermore, as a result of termination for union-related reasons, the court rules that compensation for union-related damages should be awarded, regardless of whether the employer rehires the employee.

For union compensation to be awarded, it is not necessary for the worker to have suffered a concrete material loss. This compensation is applied as a sanction for determining that the termination for union-related reasons was invalid. The amount of union compensation at least equal to one year's basic salary .

What happens if reinstatement is not requested?

An employee is not always obligated to request reinstatement. An employee who does not wish to return to work can file a lawsuit directly to determine the union-related termination and claim compensation for union-related damages.

What is the process if reinstatement to work is requested?

If an employee requests reinstatement and the court rules in their favor, the employee 10 working days , stating their desire to return to work.

In the process of determining termination for union-related reasons, in order to provide some support to the employee during the litigation period, compensation for the period of unemployment of up to 4 months may be paid if the employee requests it in their lawsuit. This compensation is not in the nature of damages, must be requested separately, and based on the employee's gross wage .

Conclusion

Dismissal for union-related reasons constitutes a serious violation of one of the most fundamental rights of a worker: freedom of association. Therefore, whether a worker seeks reinstatement or simply compensation, they are strongly protected by the legal system. Careful monitoring of deadlines and choosing the correct legal course of action are crucial in this process.

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Sample Petition Draft (Reinstatement Lawsuit)

… TO THE LABOR COURT

Plaintiff: [Name Surname]
Defendant: [Employer / Company Name]

Subject: Request for determination of the invalidity of termination based on union affiliation and reinstatement to employment.

Explanations:

1. The plaintiff has been working at the defendant's workplace since … date.

2. The plaintiff was a member of the union and actively participated in union activities.

3. Following the plaintiff's union activities, the employment contract was terminated by the defendant employer without any valid or justifiable reason.

4. The termination is based on union-related reasons and is therefore unlawful.

5. The reason for termination put forward by the defendant does not reflect the truth; the real reason for the termination is the plaintiff's union activities.

Legal Reasons:

Labor Law No. 4857, Trade Unions and Collective Bargaining Agreement Law No. 6356, and related legislation.

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Evidence:

• Employment contract

• Termination notice

• SGK service record documents

• Union membership records

• Documents demonstrating participation in union activities in the workplace

• Witness statements (names will be provided separately / presented below)

• Correspondence (email, message, etc.)

• All kinds of legal evidence

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Conclusion and Request:

For the reasons stated and explained above;

• The termination is deemed invalid, and the plaintiff is ordered to be reinstated to their job

• The defendant shall be ordered to pay a maximum of four months' wages for the period of unemployment

• If the plaintiff is not hired despite applying within the prescribed time limit, compensation for failure to hire shall be awarded

• The court costs and attorney's fees are to be borne by the defendant

I respectfully request and demand that a decision be made.

Date
Plaintiff
Signature

Attachments: (examples)

1. Employment contract
2. Termination notice
3. Union membership certificate
4. Social Security Institution (SGK) service record
5. Search
6. Correspondence samples (if any)

(Here, it is important to specifically highlight any evidence that could cast strong doubt on the truth of the reason for termination put forward by the employer.)

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