With the development of the industry and the fact that it has reached a very important place today, worker-employer relations have become prominent, and following the outcomes of capitalism, workers with poor financial conditions have become to be oppressed and their rights, to be violated. Therefore, law mechanisms devoted to ensuring social peace have enacted laws to prevent this issue, to protect workers by law, to determine the scope of employee-employer relations and to create a legal basis. In our country, the Labor Law stands out with its structure that protects workers, and labor lawsuits are shaped accordingly. The vast majority of the lawsuits which were heard and being heard today have concluded in favor of workers. Both the Labor Courts and the Supreme Court do not hesitate to judge in favor of the workers with their jurisprudence.
Employee Reinstatement Case
Articles 18, 19, 20, 21, 22 and 29 of the Labor Law refer to the circumstances under which the employer can terminate the employment contract. Therefore, the reinstatement case refers to the type of lawsuit to be filed in order to eliminate the victimization of the person whose employment contract was terminated without a valid reason. Persons dismissed may bring a case by fulfilling the conditions for reinstatement case.
At this sense, there are a number of conditions for bringing a reinstatement case. Issues such as how long it will take for the case to be opened, who can bring a case for reinstatement and who cannot bring a case for reinstatement are specified in Labor Law No. 4857.
The case must be filed within 30 days of termination of employment by the employer. If this case is not filed within the time limit, the right to sue ends. This lawsuit is brought against an employer who employs 30 or more workers by an unfairly dismissed worker.
Severance and Notice Compensation Claim Case (The Worker Claim Case)
The severance pay case can be brought before the Labor Courts. The case can be filed by adding the insurance entry-exit records and employment contract of the worker, if any, as requested. Even if the worker has no insurance records available to him, a lawsuit can still be filed. The court asks the defendant employer for these documents from the Social Security Institution. In workers' receivables, it is not obligatory to write the net amount of the receivable on the case petition. The case is brought as a partial case and after the expert report is received, the case can be improved and the claim amount can be increased for only once.
Service Determination Case
The service determination case is the case filed for the determination of services where the employee is not insured even though he/she works in a job that is considered as insured or where the employer had notified the entry to the job but later it has been found out that the notification was incomplete.
The paragraph added to Article 86 of Law No. 5510 with Article 50 of Law No. 5754 contains the provision “If the insured, whose monthly premium and service certificate or concise and premium service declaration is not provided by the employer or cannot be determined by the Institution where they work, can prove their work by applying to the labor court within five years starting from the end of the year in which they were at service, and if they can prove their claims by means of court judgment, the sum of their monthly earnings and the number of premium payment days stated in the court judgment are considered.”
As it can also be understood from the provision of the law, a 5-year period is stipulated for filing service determination cases, starting from the end of the year in which the services are provided. Within this period, the person, or the right holders if the person died, can file the case for the determination of the service.
If the person worked in multiple workplaces, the five-year period is calculated separately for each workplace as of the date of leaving the work.
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