Unilateral Termination of Employment Contract by the Employer
Employee and Status
For an employee to be able to file a lawsuit for reinstatement, they must meet certain conditions. In this context, being unfairly dismissed by the employer unilaterally is a required condition. Because an employee who leaves of their own volition cannot file a lawsuit for reinstatement. This right granted to the employee is to prevent the employee from being victimized unfairly by the employer and to protect the employee from such situations. An employee who is unfairly dismissed by the employer's representative can also file a lawsuit for reinstatement. You can learn about your rights with confidence at. If the employee believes they have been unfairly victimized, they can rightfully file a lawsuit for reinstatement.
Termination of Employment Contract for Reasons Not Valid Under Labor Law
Another condition for filing a lawsuit for reinstatement is that the employee is not in the status of an employer or in the status of an employer's representative or assistant representative. The person acting on behalf of the employer and responsible for managing affairs is the employer's representative. All rights and obligations applicable to the employer are also applicable to the employer's representative. Therefore, they cannot file a lawsuit for reinstatement because the employer's rights differ from employee rights. All rules regarding the termination of a contract are clearly explained in Labor Law. When terminating the employment contract, the employer must terminate the contract with a valid reason based on the employee's behavior and qualifications. If there is no valid reason, the employee will be entitled to file a lawsuit for reinstatement. Both parties are obligated to prove their claims. Invalid reasons for termination include:
- Participating in activities inside or outside working hours due to union membership,
- Acting as a union representative,
- Applying to administrative and judicial authorities against the employer for a justified obligation,
- Race, religion, political opinion, gender, marital status, pregnancy, etc.,
- Female employees not coming to work during hours when they should not be working,
- Temporary absence due to illness or accident.
