11.10.2026 14:12
A worker employed at a private security company was dismissed after an undated document he signed to take part in another project was used as a resignation letter. The court, finding the worker who filed a reinstatement lawsuit justified, ruled that the document did not constitute a genuine resignation. The Regional Court of Appeals also upheld the decision and ordered the worker's reinstatement and the payment of 57,240 TL in compensation if he was not reinstated.
M.K., who worked as a private security guard for years, was dismissed after an undated document he signed in order to take part in another project was used by the employer as a resignation letter. The worker, who filed a reinstatement lawsuit, was found justified by the court. The Regional Court of Appeal upheld the reinstatement decision, ruling that the document in question could not be considered a genuine resignation letter.
WANTED TO WORK ON ANOTHER PROJECT, LOST HIS JOB
M.K., who had worked for many years at a private security company, signed a document stating that he wanted to take part in another project of the employer. However, the employer accepted this document as a resignation letter and carried out the worker's termination.
M.K., stating that he had not resigned, applied to the Labor Court, alleging that his employment contract had been unfairly terminated.
The worker, stating that his termination was carried out with code 03, which means resignation, requested that the termination be deemed invalid and that he be reinstated. He also requested compensation and payment of four months' wages for the time spent unemployed if he was not reinstated.
EMPLOYER SUBMITTED THE SIGNED DOCUMENT TO THE COURT
The defendant employer defended that the worker had left voluntarily and submitted to the court the resignation letter bearing his signature.
The Labor Court, which examined the file, found the worker's request justified. The court, ruling that the termination of the employment contract was invalid, ordered M.K.'s reinstatement.
The employer's lawyer objected to the decision and appealed the file.
UNDATED DOCUMENT WAS NOT CONSIDERED A RESIGNATION
The 8th Civil Chamber of the Regional Court of Appeal, which evaluated the file, drew attention to the content of the handwritten and signed document submitted by the employer.
It was stated that the document in question contained the statement, "I am leaving to work on another project than the project you have worked on."
The court emphasized that, because the document was undated, it could not be understood when it was issued, and that its content did not reveal a genuine intention to resign.
It was ruled that the employer could not prove that the employment contract had ended with the worker's resignation.
REINSTATEMENT AND 57,240 TL COMPENSATION DECISION
The Regional Court of Appeal concluded that the employer's termination process was not based on a valid or justified reason and found the reinstatement decision appropriate.
In the decision, it was stated that the compensation to be paid if the worker was not reinstated despite applying within the time limit was determined as 57,240 TL, the amount of 4 months' gross wages.
The court set out that the undated document stating that the worker wanted to work on another project could not be accepted as a resignation letter.