Labor Law

Reinstatement Action as a Preliminary Issue

Court: Court of Cassation of Türkiye
Chamber: 9th Civil Chamber
Case No.: 2013/3686 E.
Decision No.: 2013/17642 K.
Decision Date: 10.06.2013

The 9th Civil Chamber of the Court of Cassation held that, in an action for employment-related receivables filed before the conclusion of a related reinstatement action, the employment contract is deemed suspended during the reinstatement process, and that termination-related claims such as severance pay, notice pay, and annual leave pay cannot be sought for that period. It ruled that the lower court erred by examining the merits and awarding these claims, when it should instead have dismissed the case on procedural grounds for lack of a condition for bringing the action, and reversed the judgment accordingly.

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