One of the most common problems in working life is an employee being dismissed. Yet many employees do not fully know, after being dismissed, which rights they have and what path to follow, which can lead to serious loss of rights. This guide covers in detail what a dismissed employee should do, which rights they have, which cases they can file and how the process works.
What Is Dismissal?
Dismissal is the employer’s unilateral termination of the employment contract. It may be lawful, but in some cases it may also be treated as unjust termination.
What a Dismissed Employee Should Do First
A dismissed employee should follow these steps without panicking:
1. Find Out the Reason for Termination
The employer must state the reason for dismissal clearly, and the reason must be given in writing.
2. Collect Your Documents
Keep the employment contract, payslips, social security (SGK) records and any correspondence.
3. Check Your Rights
Assess your severance pay, notice pay and other rights.
What Are the Rights of a Dismissed Employee?
Under certain conditions a dismissed employee may have various rights.
Severance Pay
An employee who has worked at least 1 year and whose dismissal is of an eligible kind can receive severance pay.
Notice Pay
If the employer dismisses the employee without prior notice, the employer must pay notice pay.
Reinstatement Case
If the workplace has more than 30 employees and the employee has worked at least 6 months, the employee can file a reinstatement case.
Overtime and Other Receivables
The employee can claim receivables such as:
- Overtime
- Annual leave
- Bonuses and premiums
What Is Unjust Dismissal?
An employer dismissing an employee without a valid reason is treated as unjust termination.
Examples of Unjust Termination
- Arbitrary dismissal
- Dismissal under the pretext of performance
- Dismissal because of union membership
- Dismissal because of pregnancy
How Is a Reinstatement Case Filed?
A dismissed employee can file a reinstatement case if certain conditions are met.
Conditions
- The workplace has at least 30 employees
- The employee has worked at least 6 months
- The employment contract is for an indefinite period
Time Limit
To file a reinstatement case, the employee must apply to a mediator within 1 month.
The Mediation Process
Mediation is mandatory in employment law cases. The process is as follows:
- An application is made to the mediator
- The parties are invited to talks
- If agreement is reached, no case is filed
- If there is no agreement, a case is filed
Filing a Case in the Labour Court
If no agreement is reached in mediation, the employee may file a case. Cases that can be filed:
- Severance pay case
- Notice pay case
- Reinstatement case
- Employee receivables case
Within What Time Must a Dismissed Employee File a Case?
Time limits are very important to avoid losing rights.
- For reinstatement: 1 month
- For employee receivables: 5 years
When Is the Employer Right?
In some cases the employer may dismiss an employee for a justified reason. Examples:
- The employee commits theft
- The employee starts a fight at work
- The employee is absent
- The employee insults the employer
In these cases the employee cannot receive severance pay.
Can a Dismissed Employee Receive Compensation?
Yes, if the conditions are met, a dismissed employee can receive:
- Severance pay
- Notice pay
- Pay for the period left without work
The Biggest Mistakes of a Dismissed Employee
The most common mistakes: missing deadlines, not keeping documents, acting without knowing one’s rights, and applying to a lawyer late.
Recommendations for a Dismissed Employee
- Consult a lawyer immediately
- Keep your documents complete
- Do not miss deadlines
- Apply to mediation on time
Conclusion
Dismissed employees have many legal rights, but the process must be managed carefully and knowingly for these rights to be used correctly. To avoid losing rights, it is very important to get support from a lawyer specialising in employment law as soon as possible after dismissal. See our labor lawyer in Ankara page for details.
Frequently Asked Questions
Should a dismissed employee file a case immediately?
No. A dismissed employee cannot file a case directly; they must first apply to mandatory mediation. If no agreement is reached in mediation, a case can be filed in the labour court.
Can a dismissed employee receive unemployment benefit?
Yes, but only if the employee was dismissed through no fault of their own and has completed the required number of premium days. If these conditions are met, unemployment benefit is granted.
Can an employer dismiss without paying compensation?
In some cases, yes. If the employee commits theft, starts a fight at work, is absent or insults the employer, the employer can terminate for a justified reason and pays no compensation.
What happens if a reinstatement case is won?
The employee gains the right to return to work. If the employer does not reinstate the employee, it generally has to pay compensation of 4 to 8 months’ salary.
Within what time must a dismissed employee file a case?
To file a reinstatement case, the employee must apply to a mediator within 1 month of dismissal. The general limitation period for other employee receivables is 5 years.
Can an employee who resigns claim rights?
Normally an employee who resigns cannot receive severance pay. However, if the employee left for a justified reason such as unpaid salary, lack of insurance or mobbing, they may claim severance pay.
Does dismissal have to be in writing?
Yes. The employer must carry out the dismissal in writing and state the reason clearly. Terminations not made in writing may be considered unlawful.
What if there is no agreement in mediation?
If the parties cannot agree in mediation, the employee has the right to file a case in the labour court, and the process continues through the court.
This article is for general information only and is not legal advice.