Compensation for unfair dismissal - free determination by court:
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Termination not justified by a valid reason (employee falling within the scope of the job security provision (Art. 18 LA): reinstatement is the remedy, compensation shall be not less than 4 month's wages and not more than 8 month's wages if the employer does not respect the re-employment order and do not re-employ the dismissed employee (+ additional indemnity of up to 4 months for the period of time between notice of termination and the court ruling + severance pay);
- Abusive termination (abuse of the right to terminate with notice employees not covered by the job security provision): 3 times the wages of the notice period(max. 24 weeks for workers with more than 3 years' seniority);
- Discriminatory dismissal (violation of the general principle of equal treatment in terminating the employment relationship): compensation shall be up to 4 month's wages;
- Termination due to trade union membership or participation in trade union's activities: see Art. 25 Law No. 6356 on Trade Unions and Collective Agreements.
- Termination not justified by a valid reason: Art. 21 LA
- Abusive termination: Art. 17 LA
- Discriminatory dismissal: Art. 5 LA
- Termination due to trade union membership or participation in trade union's activities: Art. 25 of Law No. 6356 on Trade Unions and Collective Agreements (2012).
In addition in the event of illegal breaking of the contract (summary dismissal), employees covered by the job security provision are entitled to the same compensation as for termination not justified by a valid reasons (art. 25 LA) while employees excluded from the job security provision will not be entitled to reinstatement but only to compensation for the notice period not observed.
Art. 21 LA: If the court or the arbitrator concludes that termination is not justified by a valid reasons, the employer shall reinstate the employee. Reinstatement is only available (and mandatory) for employees covered by the job security provision. In practice, the employer has the right to choose between reinstatement and compensation. Accordingly, after the court's decision on the invalidity of the termination, if the employer does not re-employ the worker within one month, the employer becomes liable to pay a compensation equal to minimum four and maximum eight months of wage to worker.
Discriminatory dismissal can give right to reinstatement for employees covered by the job security provision. Art 18 LA clearly provides that the following issues shall not constitute a valid reason for termination namely: "race, color, sex, marital status,u2026and similar reasonsu201d. Besides, according to the Law No 6356, dismissal based on trade union membership or activities do give right to reinstatement even if the worker is not covered by the job security provision of the LA. (Art 25 (5)).
Preliminary mandatory conciliation:
No provision found in the legislation reviewed.
Information was found in secondary sources:
"The court endeavours to reconcile the parties at its first hearings. if conciliation fails, or if one of the parties is absent or is not represented, the proceedings must continue and judgment must be given on the facts at issues".
Dereli, T. (2006), 'Labour Law and Industrial Relations in Turkey', in R. Blanpain (ed.), International Encyclopaedia of Labour Law and Industrial Relations, Vol. 13, ELL. Suppl. 307, April 2006, (Alphen aander Rijn, Kluwer Law International), p. 215
Competent court(s) / tribunal(s):
See art. 20 LA: The employee who alleges that no reason was given for the termination of his employment contract or who considers that the reasons shown were not valid shall be entitled to lodge a complaint against that termination before the Labour Court within one month of receiving the notice of termination.
See also the Labour Court Act (No. 5521 of 1950) which establishes jurisdiction of the labour courts over individual disputes arising from the individual employment contracts or any claims under the Labour Act.
According to art. 20 LA which applies to employees covered by the job security provision, the parties can refer the dispute concerning unjustified termination to private arbitration if they so agree.
Length of procedure:
Art. 20 LA: the labour court must apply fast-hearing procedures and conclude the case (unjustified termination dispute) within 2 months. If the labour court's decision is appealed, the Court of Cassation must issue a definitive verdict within one month.