11.10.2026 14:10
M.K., who worked for years at a private security company, filed a lawsuit after being dismissed by the employer with the code "resignation". The Labor Court, which did not accept the undated resignation letter in the employer's possession, ruled for M.K.'s reinstatement. The 8th Civil Chamber of the Regional Court of Appeal also upheld the decision. If M.K. is not reinstated, it was ordered that M.K. be paid compensation of 57,240 lira, equivalent to 4 months' gross salary.
A resignation petition bearing the employee's signature but containing no date was not accepted as a valid declaration of resignation in court. The court emphasized that the burden of proving that the employment contract ended with resignation lies with the employer.
HE WAS DISMISSED FROM THE WORKPLACE WHERE HE HAD WORKED FOR YEARS
The termination of M.K., who had worked as a security guard for many years at a company providing private security services, was reported by the employer with code “03”, that is, as resignation. M.K., claiming that he did not resign and was unfairly dismissed, filed a lawsuit against his employer.
In the lawsuit, M.K. requested a determination that the termination was invalid, his reinstatement, and compensation if he was not reinstated. M.K. also requested payment of 4 months' wages for the time spent unemployed.
EMPLOYER: HE SUBMITTED A RESIGNATION PETITION
The defendant employer argued that M.K. submitted a signed resignation petition. The handwritten petition submitted to the file contained the statement, “I am leaving to work on another project than your project on which I have worked.”
UNDATED RESIGNATION PETITION WAS NOT RELIED UPON
The Labor Court hearing the case accepted M.K.'s claim and ruled that the termination was invalid and ordered his reinstatement. After the employer's representative appealed the decision, the file was examined by the 8th Civil Chamber of the Regional Court of Appeal.
The Chamber ruled that the undated and handwritten petition cannot be accepted as a genuine intent to resign. In the decision, it was stated that the burden of proving that the employment contract ended with resignation lies with the employer, but the employer could not prove it. Therefore, it was concluded that the dismissal was not based on a valid or just cause.
COMPENSATION IN THE AMOUNT OF 4 MONTHS' WAGES
In the decision, taking into account the employee's seniority and the reason for termination, the compensation for not reinstating him was determined at the discretion of 4 months' gross wages, amounting to 57,240 lira.