A termination case is won before the day of trial.

Termination is not a moment; it is a case file

In a reinstatement claim the court reads not the termination notice but the months that preceded it: notified targets, appraisals, requests for a statement of defence, warnings. Each valid ground — performance, conduct, operational requirements — demands its own chain of documents. Without that chain the case is lost, however sound the reason for dismissal.

Reinstatement is claimed by applying to a mediator within one month of the termination, and the deadlines decide the case. Mediation calls for properly authorised representation and pre-structured offer bands. Litigation calls for evidence presented in full awareness that the burden of proof lies on the employer. Whatever the outcome, payroll and severance calculations are verified with our payroll team.

Job security under the Labour Law (No 4857) applies in workplaces with thirty or more employees, to employees with at least six months' seniority (Arts 18-21). If reinstatement is ordered and the employer does not re-engage, the exposure is compensation of four to eight months' wages plus up to four months' idle-period pay — on top of notice and severance, the latter still governed by the surviving Article 14 of the former Labour Law (No 1475). Mandatory mediation under Law No 7036 is a procedural precondition, and it is that law that imposes the deadline discipline described above. For German parent companies the contrast with the KSchG matters: Turkish procedure is stricter on documentation and timing, and "we would win this in Germany" is not a strategy.

From the decision taking shape to closing the file

We work to a six-step flow. Assessing the file: the reason for dismissal is tested against the job security criteria in Articles 18 to 21 of the Labour Law (No. 4857). Scenario plan: dismissal, mutual termination or conversion, set against a cost and risk table. Producing the documents: the request for the employee’s defence, the minutes and the notice texts are drawn up in proper form. Representation in mediation: the offer ranges are worked out before the mandatory stage under Law No. 7036 begins. Defending the claim: documents and a witness plan prepared in the knowledge that the burden of proof lies with the employer. Closing: the severance and notice calculations are verified against payroll and the file is archived. What you get: a risk note, the document templates and a strategy for the hearing.