Invalidity of termination and labour claims

With the concept of job security which has entered into our law system with the statute no. 4773, the freedom of termination has been abrogated in terms of labours covered by the security and Turkish legislation has been harmonised with the international legislation hereof. Accordingly, in case of the termination of employement contract without a valid reason, the labours covered by the job security will have the right to object to termination and to gain the opportunity to return to their previous job by claiming the voidness of terminaiton to be determined. This case named as re-instatement claim could be filed by an labour who has been working for at least 6 months in a workplace which employs minimum 30 labours, when his/her employement contract is been terminated without a valid reason. Due to the new regulation introduced by the statue no. 7036, the employee firstly has to convey a request about determination of voidness of the termination and re-instatement to a mediator. The labours will be able to file a claim within two weeks if the parties can not reach a conciliation agreement. The judgement resulting from this claim is declaratory and will indicate the several rights as well as the re-instatement of the labour. These rights directly effect the labour's severance pay. Therefore in this study, the circumstances resulting from the claim of re-instatement and the effect of labour's acqusitions to his/her employement receivables has been examined in detail.