The Importance of the Number of Employees in the Workplace in Reinstatement Cases
Employee Having an Indefinite Employment Contract
An employee who thinks they have been unfairly dismissed and wishes to file a reinstatement lawsuit must have at least 30 employees working at the workplace where they were dismissed. If the employer who dismissed the employee has more than one workplace in the same business line, the total number of employees will be taken into account by looking at the rule of at least 30 employees. Apprentices and interns working in a workplace are not considered employees and therefore will not be taken into account in the calculation, as they do not have employment contracts. In subcontracting, since there is a main and subcontractor relationship, each employer must have 30 employees within their own structure. Since the periods considered for the employee's work under their own name will be taken into account, the seniority of other colleagues working in the same workplace will not be considered. You can learn all your rights through . They cannot be included in each other's calculations.
Employee Having Worked for at Least 6 Months
Employment contracts can be made for a fixed term or an indefinite term. If the contract is made for a fixed term, the employee can file a reinstatement lawsuit. These contracts, made for the completion of a specific task, are important for returning to work upon their termination. When a fixed-term employment contract ends on its own, the employee does not have the right to file a reinstatement lawsuit. This is because the contract has naturally ended, and there is no question of the employee being unfairly dismissed. Each employee's contract binds them. In this context, even a single employee having an indefinite employment contract can enable them to file a lawsuit on their own behalf. One of the requirements for a reinstatement lawsuit is that the employee must have worked at that workplace for at least 6 months. A 6-month seniority is calculated and accepted by considering the situation where the employee is assigned to different workplaces due to work requirements, provided that they are employed by the same employer.
