Can One Work Elsewhere While an Reinstatement Lawsuit is Pending?

How Soon Should a Reinstatement Lawsuit Be Filed?

A reinstatement lawsuit is a type of lawsuit filed by an employee who claims to have been unjustly dismissed. If the employee wins the lawsuit, they can return to their old job under the same conditions, receive compensation for the period they were unemployed during this process to remedy their hardship, and their seniority period will continue as if they had never left their job. It is necessary for the employee awaiting reinstatement not to work elsewhere during this period. They will already receive their rights for the time they were idle as a result of the court's decision. Working for another employer until the lawsuit is fully concluded and has passed the Supreme Court stage will cause the employee to lose the lawsuit. You can learn all your rights through . Because it will be understood that the primary intention is not to return to work, but rather that the employee is not sincere in their claim.

How Long Does the Lawsuit Take?

Your employer is obliged to notify you after unjustly terminating your employment contract. According to Article 20 of the Labor Law, you must file a reinstatement lawsuit within 1 month from the date you receive this notification. If you miss this period, you cannot file a lawsuit. If you cannot file a lawsuit, you cannot claim any rights regarding reinstatement, even if you are in the right. Since reinstatement lawsuits are conducted in accordance with simple judgment rules, the lawsuit can be concluded in the shortest possible time. Usually, a decision can be made at the first hearing following the preliminary examination hearing. However, in some lawsuits, there is a need to call witnesses. In such cases, hearings may be postponed, and the process may be slightly extended. Of course, this period can also vary depending on which cities the courts are located in. If you have filed such a lawsuit in cities like Istanbul or Ankara, where the courts are very busy, the process will be a bit longer. However, in smaller cities, where the courts are more available, the lawsuit process may take less time compared to big cities.