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AŞIK & PARTNERS
Sariyer, Turkey

AŞIK & PARTNERS advises domestic and international companies, public entities, and banks on business law matters. Its practice combines Turkish legal expertise with cross-border experience, with work spanning Turkey, France, and West Africa.The firm’s services cover corporate matters,...
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A dismissal in Sariyer can trigger strict mediation and filing deadlines

Turkish law does not use a separate US-style “wrongful termination” claim. A dismissal is assessed under Turkish employment statutes, including whether the employer had a valid reason, followed required procedures, and paid amounts due.

For employees in Sariyer, disputes involving workplaces in areas such as Maslak are handled through Istanbul’s employment-dispute system. The proper venue depends on factors such as where the work was performed and the employer’s domicile; a lawyer can check the correct mediation bureau and court.

Most employment claims require an application to a mediator before a lawsuit. For a reinstatement claim, the employee generally has one month from receiving notice of dismissal to apply, followed by a two-week deadline to sue if mediation ends without agreement.

When a Sariyer employee may need a lawyer

  • An employee at a Maslak office is dismissed after raising concerns about unpaid overtime, workplace safety, or another employment right. A lawyer can assess whether the stated reason masks retaliation and identify supporting records.

  • A Sariyer retail, hospitality, or service worker is dismissed without clear grounds or required notice. Legal advice can clarify whether reinstatement, notice pay, severance pay, or other claims may apply.

  • An employer alleges poor performance or misconduct but did not give a clear explanation or an opportunity to respond where the law requires one. A lawyer can review the termination notice and the employer’s evidence.

  • A worker is dismissed after pregnancy, family leave, a disability-related request, or a complaint about unequal treatment. These facts may raise discrimination issues in addition to dismissal claims.

  • A worker’s contract, payroll records, or workplace location is disputed, including when a company operates across several Istanbul locations. Legal help can establish the employment relationship, relevant workplace, and applicable deadlines.

  • An employee receives a proposed settlement or mediation invitation after dismissal. A lawyer can check whether the payment covers potential claims and whether signing would waive further rights.

Turkish laws that govern dismissal claims

  • Labour Act No. 4857, in force since 10 June 2003, governs employment protections including valid-reason dismissals, reinstatement, notice, and equal treatment. Reinstatement protection generally requires an indefinite-term contract, at least six months’ service, and the statutory employee threshold; exceptions apply, including for certain employer representatives.

  • Labour Courts Act No. 7036, effective 25 October 2017, requires mediation before most employment lawsuits, including reinstatement claims. For reinstatement, the application to a mediator is generally due within one month of notice of termination, and a lawsuit must generally be filed within two weeks after mediation ends without settlement.

  • Turkish Code of Obligations No. 6098, effective 1 July 2012, applies to employment matters not fully governed by the Labour Act and may be relevant to service-contract rights. The facts and the employee’s legal status determine which provisions apply.

Eligibility and remedies depend on the circumstances. For example, employees who do not meet the reinstatement thresholds may still have other claims, including unpaid wages or compensation where the law permits.

Frequently asked questions about dismissal claims in Sariyer

What counts as an unfair or unlawful dismissal in Turkey?

A dismissal may be challenged if the employer failed to meet applicable legal requirements, relied on an invalid reason, or violated protections such as equal treatment. The available claim depends on the employment contract, length of service, workplace, and reason given.

Can I seek reinstatement after being dismissed?

Reinstatement protection generally applies to employees with indefinite-term contracts who have at least six months’ service and meet the statutory workplace employee threshold. Certain senior employer representatives are excluded, and the threshold may require counting relevant workplaces in the same line of business.

What if my workplace had fewer than 30 employees?

You may not qualify for the Labour Act’s usual reinstatement protection if the statutory employee threshold is not met. Other claims may still be available, depending on the facts, including claims for unpaid amounts or discrimination.

How soon must I act after receiving a dismissal notice?

For a reinstatement claim, apply to a mediator within one month after receiving the termination notice. If mediation ends without agreement, the lawsuit generally must be filed within two weeks after the final mediation record is prepared.

Is mediation required before filing an employment lawsuit?

Yes, mediation is generally a required first step for employment claims covered by the Labour Courts Act, including reinstatement and many compensation claims. A lawyer can identify the correct application route based on the employer and workplace.

Which court handles a dismissal dispute involving a Sariyer workplace?

The case is handled by the competent Istanbul labour court, but the correct venue is not determined by the employee’s district alone. The defendant’s domicile and where the work was performed can affect venue.

What compensation could I claim if reinstatement is ordered?

If the court orders reinstatement and the employer does not reinstate the employee after a timely application, the law provides for compensation generally set between four and eight months’ wages. The employee may also be entitled to wages and other benefits for the statutory period away from work, subject to legal limits.

Can I claim severance or notice pay as well as challenge the dismissal?

Potentially, if the employee meets the relevant legal conditions and the amounts have not been paid. Whether these claims can be pursued alongside a reinstatement claim depends on the case and the outcome of mediation or litigation.

How much does a dismissal lawyer cost in Sariyer?

Fees depend on the work required, the lawyer’s agreement, and applicable professional rules. Ask for a written fee agreement that explains legal fees, expected expenses, and whether mediation or court work is included.

How long does a dismissal case take?

There is no reliable fixed duration because mediation, court workload, evidence, and appeals can affect timing. The one-month mediation deadline and the following two-week lawsuit deadline for reinstatement are separate from the time needed to resolve the dispute.

What evidence should I preserve?

Keep the termination notice, employment contract, payslips, time records, performance reviews, and relevant messages or emails. Preserve original files and note the dates of important conversations, meetings, and payments.

Can I accept a settlement during mediation?

Yes, but review the proposed terms before signing because a settlement may resolve or waive specific claims. A lawyer can check the amounts, payment dates, and wording against your potential entitlements.

Official resources for employment disputes in Istanbul

  • Ministry of Labour and Social Security: Publishes information about labour legislation and employment rights. Its ALO 170 line provides information and receives employment-related complaints.

  • Ministry of Justice mediation services: Provides official information about mediation and access to registered mediators. A mandatory mediation application must follow the procedure applicable to the employment dispute.

  • Istanbul Courthouse labour courts: Hear employment cases within their jurisdiction. The proper court and filing route should be checked against the employee’s workplace and the employer’s domicile.

Steps to find and hire a dismissal lawyer

  1. Record the key dates immediately. Note when you received the dismissal notice, your last working day, and any mediation or settlement deadlines.

  2. Gather your employment documents. Collect your contract, payroll records, termination notice, work schedules, relevant messages, and any performance or disciplinary documents.

  3. Identify the employer and workplace details. Record the legal employer’s name, the Sariyer work location, and any other locations where you worked. This information can affect eligibility and venue.

  4. Contact several employment-law practitioners promptly. Ask about their experience with Turkish dismissal disputes, mandatory mediation, and the relevant Istanbul labour courts. Arrange consultations within days rather than waiting until a deadline is near.

  5. Ask for a written assessment and fee terms. Request an explanation of possible claims, eligibility, likely expenses, and what the quoted fee covers. Clarify whether the lawyer will attend mediation and handle court proceedings if needed.

  6. Check professional status and sign a clear engagement agreement. Confirm the lawyer’s registration with a Turkish bar association and keep a signed copy of the agreement. Give the lawyer the complete file and follow the deadline plan.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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