Mediation deadlines for reinstatement claims

In brief: For a reinstatement claim in Türkiye, an employee must apply to a mediator within one month after receiving notice of termination. If mediation ends without an agreement, a lawsuit may be filed in the labour court within two weeks after the final report is drawn up. These periods are set out in Article 20 of Labour Law No. 4857, as amended by Article 11 of Law No. 7036. The relevant notice and report dates matter.

When does the one-month period begin?

Article 20 of Labour Law No. 4857, as amended by Article 11 of Law No. 7036, ties the one-month period to service of the termination notice, not simply the date written on a termination document. How and when the notice was served should be assessed from the available records.

Eligibility for reinstatement is also subject to the job-security provisions. Article 18 of Labour Law No. 4857 includes criteria concerning the contract, workplace headcount, length of service and certain employer representatives. Knowing the application deadline alone does not establish eligibility in a particular case.

What is the period after unsuccessful mediation?

Under Article 20 of Labour Law No. 4857, if the parties do not reach an agreement in mediation, a claim may be filed in labour court within two weeks from the date of the final report. If they agree, the statute calls for clarity on terms such as the date for returning to work, compensation and other rights.

The two-week period runs from the final report, not the initial mediation application. The report and its date should therefore be retained and the deadline calculated from the actual calendar dates.

Is mediation a prerequisite to filing?

Applying to a mediator is a mandatory precondition to filing a reinstatement claim. The Ministry of Justice’s Mediation Department also describes mediation as a prerequisite for reinstatement claims. Applications are made through the mediation office at the courthouse, following the statutory procedure.

The request should clearly identify the reinstatement claim and accurately state information relating to the termination notice. An agreement is recorded in a document; if there is no agreement, the mediator draws up a final report.

The governing source is Article 20 of Labour Law No. 4857, as amended by Article 11 of Law No. 7036; general procedural information is available from the Ministry of Justice Mediation Department. This note provides general information and does not calculate a deadline for a specific case.