The primary condition of requesting reemployment is termination by the employer. Labor Law m. According to 20, the employee whose employment contract is terminated has to apply to the mediator in accordance with the provisions of the Labor Courts Law, with a request for reemployment within one month from the date of the notification of termination, claiming that there is no reason in the termination notice or the reason shown is not a valid reason.
Conditions for filing a reemployment lawsuit: working with an indefinite term employment contract, termination of the employment contract by the employer, at least 30 workers working at the workplace, at least 6 months of seniority, and the termination is not based on a valid reason.
Cancellation agreement is one of the ways to terminate the contract. This way is not a termination; has different judgments and results. If the employee leaves with a termination agreement, he / she will be deprived of many rights, will not be able to demand reinstatement, will not be able to claim severance and notice pay, and will not be able to benefit from unemployment insurance. Therefore, the will of the worker should be examined first. In the concrete case, if the worker has a reasonable benefit in terminating the contract, then the will of the worker can be mentioned.
Whether the employee signed the abrogation contract of his will or signed by the employer’s compulsion will be evaluated according to the evidence in the concrete incident and the situation. You can contact our law firm to get detailed information on the subject and to protect and obtain your rights.
Hunting. Senem YILMAZEL