Retroactive Litigation Period

2022-08-23T14:35:03+00:00 28 August 2022|

There is generally no deadline for filing lawsuits for lawsuits to be filed in labor courts. Individuals were not subject to a mandatory period. The only exception is the reemployment lawsuit.

The reemployment lawsuit is regulated in Article 20 of the labor law. According to this, “The worker whose employment contract is terminated is obliged to apply to a mediator in accordance with the provisions of the Labor Courts Law, with the claim that no reason is given in the termination notice or that the reason shown is not a valid reason, with a request for reemployment within one month following the notification of the termination notice. If an agreement cannot be reached at the end of the mediation activity, a lawsuit can be filed in the labor court within two weeks from the date of the last report. As can be seen, the legislator has stated in the text of the article when the lawsuit can be filed.

Certain conditions are also sought in order for the employee to file a reemployment lawsuit. Depending on the service contract, the worker must have 6 months of seniority, the employment contract must be an indefinite-term employment contract, and there must be 30 or more workers in the workplace.

The statute of limitations is 5 years for wage claims and 5 or 10 years for compensation claims, depending on the type of claim. Therefore, as a result, there is no time limit for lawsuits to be filed in the labor court, except for the statute of limitations and reemployment lawsuits. The worker can open his case at any time.

Hemen Arayın
Whatsapp