Claims within the scope of reinstatement proceengs

Pursuant to Article 18 of the Labour Law; "The employer who terminates the indefinite-term employment contract of an employee who has at least six months of seniority in workplaces employing thirty or more employees must rely on a valid reason arising from the employee's competence or behaviour or the requirements of the enterprise, workplace or business. This Article, Articles 19 and 21 and the last paragraph of Article 25 shall not apply to the employer's representatives and assistants who manage and direct the whole enterprise and to the employer's representatives who manage and direct the whole workplace and have the authority to hire and dismiss employees." If the employer terminates the indefinite-term employment contract of the employee within this scope without any valid reason, the employer will be subject to certain obligations. The most important of these obligations is the job security indemnity, which is the sanction of the employer's failure to reinstate the employee if it is decided to reinstate the employee as a result of the reemployment lawsuit filed by the employee in court. The concept of job security compensation is not mentioned in the Labour Law. The expression 'The employer shall be obliged to pay compensation to the employee in the amount of at least four months' and at most eight months' wages.' is mentioned. Article 21 et seq. of the Labour Law regulates the provisions of non-reinstatement. In the doctrine, this is referred to as job security compensation or compensation for non-employment. With the adoption of the regulations on job security, the employer's authority to terminate the employment contract is limited. For terminations made without a valid reason, a reinstatement lawsuit is envisaged. As a result of the reinstatement lawsuit, it is regulated that the employee who is not reinstated by the employer in due time must be paid job security compensation (non-reinstatement compensation) and compensation for idle time. In order for the reinstatement to be possible, the employee must first request reinstatement within the legal period. In the event that the employee is not reinstated despite the decision to reinstate the employee as a result of the reemployment lawsuit, job security indemnity is in question. In Article 21 of the Labour Law, the amount of job security compensation is determined in a mandatory manner as the lower and upper limit. Therefore, no change in the amount of compensation will be accepted in favour of the employee. While determining the amount of job security indemnity and compensation for idle time, the reasons for the termination of the employment contract and the time spent by the employee in that workplace will be taken into consideration. In case of non-payment of job security indemnity, proceedings will be carried out through general attachment. In the first part of our study, the conditions required for job security compensation and the scope of job security will be mentioned. In the second part, the application in the reemployment case and the process after the reinstatement decision of the court will be explained. Lastly, the link between the security of employment indemnity and the wage claim for idle time will be discussed and the link between other indemnities (trade union indemnity, bad faith indemnity, discrimination indemnity) will be mentioned.