WHAT PROCEDURE SHOULD BE FOLLOWED TO CONTEST A TERMINATION NOTICE FOR JUST CAUSE?

HOW SHOULD ONE PROCEED TO CONTEST A TERMINATION NOTICE FOR A VALID REASON?

An employee whose employment contract has been terminated may apply to a mediator within one month from the date of notification of the termination on the grounds that no reason was stated in the termination notice or that the stated reason is not a valid one. The one-month period here is a statutory limitation period. If the employee applies to the mediator after the one-month period has expired, the application will be rejected on the grounds of time.

If there is a provision in the collective labor agreement or if the parties agree, the dispute shall be referred to a private arbitrator within the same period. The burden of proving that the termination is based on a valid reason rests with the employer. If the employee claims that the termination is based on a different reason, they are obliged to prove this claim.