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Flight Crew's Right of Retourn after unfair DismissalTurkish Labor Code grants the right of retourn after unfair dismissal for an employee while Turkish Obligations Code does not contain such a provision.
Q : What is the situation in your country after a judge has declared a dismissal unfair:
A – Is there an obligation to re-admit a worker unfairly dismissed?
B – Can the company choose between re-admission and indemnisation or is it the
dismmissed worker’s choice?
A : There is no labor legislation covering flying personel in Turkey. Flight crew is out of Turkish Labor Code’s scope. Flight crew is employed under special employment contracts entered and signed by the employer and employee, which is governed by Turkish Obligations Code.
Turkish Labor Code grants the right of retourn after unfair dismissal for an employee while Turkish Obligations Code does not contain such a provision. A member of flight crew is entitled for compensation for the benefits deprived, which were deserved by the contract in case of unfair dismissal. There is not an obligation to re-admit a flight crew who was unfairly dismissed. The employees falling in scope of Labor Code can file a lawsuit claiming that the dismissal was unfair with the competent Labor Court within 30 days following the dismissal date. In case the court finds the dismissal unfair, the judge decides the worker to be re-admitted provided that the worker applies to the employer for re-admission within ten days following the judgment’s being final. If the employer does not re-admit the worker within 30 days following worker’s application, employer is obliged to pay indemnity granted by judge in judgment and his fees. It must be noted that flight crew is out of the scope of this Code.
Q : What is the situation in your country after a judge has declared a dismissal unfair:
A – Is there an obligation to re-admit a worker unfairly dismissed?
B – Can the company choose between re-admission and indemnisation or is it the
dismmissed worker’s choice?
A : There is no labor legislation covering flying personel in Turkey. Flight crew is out of Turkish Labor Code’s scope. Flight crew is employed under special employment contracts entered and signed by the employer and employee, which is governed by Turkish Obligations Code.
Turkish Labor Code grants the right of retourn after unfair dismissal for an employee while Turkish Obligations Code does not contain such a provision. A member of flight crew is entitled for compensation for the benefits deprived, which were deserved by the contract in case of unfair dismissal. There is not an obligation to re-admit a flight crew who was unfairly dismissed. The employees falling in scope of Labor Code can file a lawsuit claiming that the dismissal was unfair with the competent Labor Court within 30 days following the dismissal date. In case the court finds the dismissal unfair, the judge decides the worker to be re-admitted provided that the worker applies to the employer for re-admission within ten days following the judgment’s being final. If the employer does not re-admit the worker within 30 days following worker’s application, employer is obliged to pay indemnity granted by judge in judgment and his fees. It must be noted that flight crew is out of the scope of this Code.
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Publishing Date:
22.06.2009
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