We are explaining in this article the process to be applied in job security in Turkey.
Some 41% of employees consider job security in Turkey to be one of the main reasons for joining a company. However, compensation remains the main motivation, while the third place is occupied by opportunities for career progression.
According to Article 20 of the Labour Law No. 4857, the employee, whose employment contract is terminated according to the process stipulated in Article 20 of the Labour Law No. 4857, is obliged to apply to the mediator in accordance with the provisions of the Labour Courts Law within one month from the date of notification of the termination notice with the claim that the reason is not shown in the termination notice or the reason shown is not a valid reason. If no agreement is reached at the end of the mediation activity, it is possible to file a lawsuit before the labour court within two weeks from the date of the final report.
If the parties agree, the dispute may also be referred to a special arbitrator within the same period.
In the event that the lawsuit is rejected procedurally due to filing a lawsuit directly without applying to the mediator, the rejection decision will be notified to the parties ex officio, and it will be possible to apply to the mediator within two weeks from the official notification of the finalised rejection decision.
The burden of proof that the termination is based on a valid reason belongs to the employer. If the employee claims that the termination is based on another reason, he/she is obliged to prove this claim.
If a lawsuit is filed after the mediation phase, the lawsuit must be finalized immediately. Only appeal can be filed against the court decision. Therefore, it is not possible to appeal the decision of the court of appeal and to take it to the Court of Cassation.