Precedent for Terminations Before the 6-Month Period Has Expired
Official titleDecision of the Constitutional Court dated 8/4/2026, Application No. 2022/90210
The Constitutional Court has ruled that the applicant’s right to a reasoned decision was violated because the appeal on facts and law court rejected substantial allegations concerning the six-month length-of-service condition and the date of service of the notice of termination without providing reasoning.
Details of the Regulation
The application concerns the failure of the appeal on facts and law court to address the applicant’s substantial allegations as to whether the six-month length-of-service condition was met in the reinstatement lawsuit brought under employment protection by the applicant, who is a bank employee. The applicant asserted that the notice of termination was served on her on 18/9/2021 while she was on medical leave due to COVID-19, that she had completed the six-month length-of-service period as of that date, and that the employer had acted contrary to the rule of good faith in order to prevent her from benefiting from employment protection.
While the Court of First Instance accepted the lawsuit and ordered reinstatement, the appeal on facts and law chamber (İstanbul Regional Court of Appeal, 31st Civil Chamber) rejected the lawsuit on the basis that the applicant’s length of service was 5 months and 28 days. In its decision, the appeal on facts and law chamber stated, on the one hand, that the six-month length-of-service rule was mandatory, and, on the other hand, that this situation could be rendered void if the employer acted contrary to the rule of good faith by terminating the employment shortly before the completion of the length-of-service period. However, it did not provide a satisfactory and consistent response to the allegations concerning the date of service of the notice of termination and the medical-leave status in the specific case.
The Constitutional Court stated in the precedents of the Court of Cassation (Yargıtay) that the date on which the notice of termination reaches the worker is taken as the basis and that the consequences of a notice of termination served during a period of medical leave must be discussed. Emphasizing that the appeal on facts and law court had not addressed these substantial allegations, which were of a nature to change the outcome of the lawsuit, with sufficient and reasonable reasoning, the Constitutional Court ruled unanimously that the right to a reasoned decision within the scope of the right to a fair trial guaranteed by Article 36 of the constitution had been violated, and remanded the file to the relevant court for retrial.
Questions You Might Have
- Can a worker who is dismissed 2 days before the expiration of the six-month length-of-service period file a reinstatement lawsuit?
- A lawsuit may be filed if it is established that the employer acted contrary to the rule of good faith, or that the notice of termination was served so as to coincide with the medical-leave period and thereby complete the required period.
- Did the Constitutional Court decide that the worker was directly entitled to reinstatement?
- No. The Constitutional Court did not order reinstatement; rather, it ruled that there had been a violation of rights because the appeal on facts and law court had issued its decision with insufficient reasoning, and decided that the lawsuit be retried.
Key Terms
- Gerekçeli Karar Hakkı
- Courts are obligated to provide a reasonable, sufficient, and consistent response in their decisions to the substantial allegations and defenses of the parties that are of a nature to affect the outcome of the lawsuit.
- İş Güvencesi
- It is the legal system that protects workers employed at workplaces where at least 6 months of length of service is required and where 30 or more workers are employed against unlawful termination, pursuant to Labor Statute No. 4857.
- Fesih Bildirimi
- It is the act of delivering to the other party the declaration of intent that terminates the employment contract.
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REGAS Commentary
This decision establishes that, under labor law, courts may not render superficial and contradictory decisions when calculating the six-month length-of-service requirement for bringing a lawsuit seeking employment protection (reinstatement). The date on which the worker received the notice of termination, the periods of medical leave, and the worker’s objections under the rule of good faith must be examined and reasoned in detail by the courts as a matter of legal necessity.