The mediation activities related to the job security in Turkey and the consequences of the mediation at the end of the lawsuit are shown in Article 21 of the law, and it is also stated in the article that the first two regulations stated below cannot be changed by agreements, and the provisions of the agreement to the contrary will be deemed invalid. Accordingly, when the court or a special arbitrator decides that the termination is invalid, the employer is obliged to reinstate the employee within one month. If the employer fails to reinstate the employee within one month upon the employee’s application, 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. When the court or special arbitrator decides that the termination is invalid, it shall determine the amount of compensation to be paid and the wages and other rights to be paid to the worker in monetary terms based on his/her wage on the date of the lawsuit.
For the period of inactivity until the finalisation of the decision, the worker shall be paid his/her wages and other rights up to a maximum of four months. If the worker is reinstated, the wage and severance pay for the notice period paid in advance shall be deducted from the payment to be made according to the above provisions. If the notice period is not given to the employee who is not started to work or the wage for the notice period is not paid in advance, the wage amount for these periods shall be paid separately.
The worker is obliged to apply to the employer to start work within ten working days from the notification of the finalised court or special arbitrator decision. If the employee does not make an application within this period, the termination made by the employer shall be deemed a valid termination and the employer shall be liable only for the legal consequences thereof. In other words, notice pay and, if necessary, severance pay shall be paid.
If, at the end of the mediation, the parties agree on the employee’s reinstatement, they must also determine the date of the employee’s reinstatement, the monetary amount of the wage and other rights to be paid to the employee and the monetary amount of the compensation for non-reinstatement in case the employee is not reinstated.
Otherwise, it will be deemed that no agreement has been reached and the final minutes will be prepared accordingly. If the employee does not start work on the agreed date, the termination will become valid and the employer will only be liable for the legal consequences.
