SERVICES

What are the Conditions of Return to Work?

The worker is required to file an appeal at the competent labor court within one month from the date of notification of the notice of termination pursuant to Article 20 of the labor law, with the claim that the reason for the termination notice is not given or the reason shown is not a valid reason. According to the provision of the article, it is clear that the date when the termination is notified should be taken as basis, not the termination date. For this reason, the one-month entitlement period starts to operate as of the date of termination, not the date of termination at the end of the notice period. Since this period is the time that deserves rights, it is taken into consideration by the court.

In order for the worker to file a reemployment lawsuit, he must have at least thirty workers in the whole enterprise and work with an indefinite term employment contract, and have at least 6 months of seniority in that workplace, according to the insurance records.

Even if the employer has paid all kinds of legal rights of the worker with his termination (notice, severance pay, annual leave, overtime pay, etc.), this does not prevent the worker from filing this lawsuit.

It is sufficient for the worker to request a return to work. Since the indemnity and idle time due to the invalidity of the termination will be determined as a fee, it will be determined how many months they will be and also the provision regarding the amount of compensation and collection will not be established.

According to the 11th article of the Notification Law, it is obligatory to make the notification to the deputy in the works followed by the deputy. Accordingly, the finalized decision to return to work starts the ten-day period only if the lawsuit has been followed up with the lawyer, but with the notification to the lawyer.

The worker may apply to the employer in person to start work, as well as through the means of mediation (through a notary or registered letter of return and through the agent). As long as this application can be made before ten days have passed.

If the employer does not start work within one month when he applies to the employer with a request for re-employment within ten business days, he will have to pay the worker a minimum of four months and a maximum of eight months’ compensation.

Upon the decision to return to the job, after the employee has applied to the employer, the rights to be paid should be made to the account expert and an editorial provision should be made when he submits a second lawsuit for determining wages and other rights as receivables for up to 4 months for the idle period that has become due. . In addition, relative decision fee and attorney’s fee must be decided taking into account the value.

If the employer restarts the worker before the trial is filed, the case will remain unavailable. According to the Supreme Court; the worker is entitled to wages for the idle period, the invalidity of the termination and the employer’s application to the employer for a return to work. In this case, since the subject of the termination is not valid and the decision to return to work is not made, the court cannot decide for a maximum of four months’ wages for the period when the worker is not employed.

Workmanship receivables such as severance pay, unpaid wages and unpaid wages arising from the termination of the employment contract cannot be requested. Because, while the invalidity of the termination is demanded to be returned to the job, on the other hand, it is contradictory to ask for compensations depending on the result of the termination.

According to the Supreme Court; In cases where labor rights related to the termination of the employment contract, such as return to work and severance pay, are decided together, firstly, it is decided to separate the cases and the retention issue will be made in the case with severance-notice compensation demand until the result of the return to work is finalized.

In accordance with the regulation of the law, it is decided to pay the wages and other legal rights of this period up to four months; Notice should be taken into account in the calculation of severance pay and annual paid leave. In other words; 4 (four) months will be added to the service period when the employee who has not started the job although he has won the trial is sued for severance and notice pay.

It should be noted that the invalidity of termination and the fact that the worker who asked for a return to work found a new job in the idle period is not an element affecting the invalidity of termination and return to the job. As there is no regulation in this direction, there is no rule in the law that this period will be deducted from the idle period.

As a result, the worker can evaluate the job opportunities that he encounters after filing a reemployment lawsuit. First of all, the right to work is a constitutional and fundamental right and it cannot be considered that the worker should not work until the case is concluded due to the lawsuit he filed. In this process, the wages of up to 4 months should be paid uninterruptedly, provided that the employee wins the case.

Can all workers file a return to work?

Of course, workers who meet the above mentioned conditions can open this case. There is an exception, however. According to article 18 of the Labor Law; Employers’ deputies and their assistants who manage and manage the whole business, and employers who have the authority to refer / manage the entire workplace and have the authority to hire and dismiss workers cannot return to work.

Apart from these, the following may file a return to work:

• Employer representatives who manage the workplace but are not authorized to recruit and dismiss workers (such as bank branch manager, market branch manager, fast food restaurant manager)
• High-level employees (such as human resources manager, accounting manager, personnel manager) who have the authority to fire and recruit workers, but do not refer to and manage the workplace.