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Miraç Özdemir
Employment Compensation & Termination

Failure-to-Reinstate Compensation Estimate

Calculate failure-to-reinstate compensation of 4 to 8 months' pay after a reinstatement judgment, with optional idle-period pay.

Version 2

Things to keep in mind:

  • The court sets the number of months; the tool does not predict it, it calculates from the months you enter.
  • Notice pay and severance, if not paid to a non-reinstated employee, are due separately and are not included here (see related tools).
  • For dismissals on union grounds no separate failure-to-reinstate compensation is awarded (Act No. 6356 art. 25/5).
  • Interest, tax deductions and legal costs are not included; the conditions of the reinstatement case are not checked.

Calculator

Compensation Details

TRY

Monthly gross pay used by the court (TRY). Under Labour Act art. 21/4 the wage at the date of the claim is used; regular benefits (the "dressed" wage) are included where applicable.

Months of pay set by the court for non-reinstatement. The Act provides at least 4 and at most 8 months.

Months awarded separately for the time not employed until the judgment is final. Enter it to see the grand total; 0 if none.

After the first calculation, the result updates automatically when you change a value.

Result

Enter the values and press Calculate to see the result here.

About this tool

Under art. 21 of the Labour Act (No. 4857), if a dismissal is found invalid the employer must reinstate the employee within a month. If the employee applies and is not reinstated within a month, the employer must pay compensation of at least four and at most eight months' pay. The court or arbitrator sets the amount.

Formulas

  • Failure-to-reinstate compensation = Monthly pay × Months (4 ≤ months ≤ 8)
  • Minimum = Monthly pay × 4; Maximum = Monthly pay × 8
  • Idle-period pay = Monthly pay × Idle months (max 4)
  • Grand total = Compensation + Idle-period pay

Example: monthly pay TRY 45,000, six months of compensation and four months of idle-period pay: compensation TRY 270,000, idle-period pay TRY 180,000, grand total TRY 450,000.

Monetary amounts use the wage at the date of the claim (art. 21/4). For a dismissal for union reasons, art. 25/5 of Act No. 6356 awards union compensation and no separate failure-to-reinstate compensation.

Example 2: With monthly pay of TRY 30,000 and the minimum of 4 months, compensation is TRY 120,000.00; this equals the statutory minimum, and the maximum is TRY 240,000.00. With no idle period entered its pay is 0 and the grand total is TRY 120,000.00.

How to read the result: "Failure-to-reinstate compensation" is the months you entered multiplied by the monthly pay. "Statutory minimum" and "statutory maximum" are the amounts at the same pay for 4 and 8 months; the compensation awarded falls between the two. "Idle-period pay" is only calculated if you filled in that field. "Grand total" is the sum of the two. Amounts are gross, excluding interest and legal costs; the number of months awarded is at the court's discretion, so the result is not a prediction of a judgment.

How to use

  1. Enter the monthly gross pay at the date of the claim.
  2. Enter the months set by the court or claimed (4-8).
  3. Optionally add the idle period (max 4 months).
  4. Press Calculate.

Notes

Amounts are rounded HALF_UP to two decimals. Gross amounts are calculated; tax/stamp deductions are excluded. Months may be fractional.

Sources

References

  1. [1]
    Labour Law No. 4857 (Turkey), Article 21Official Gazette / mevzuat.gov.tr
  2. [2]
    Law on Trade Unions and Collective Labour Agreements No. 6356 (Turkey), Article 25Official Gazette / mevzuat.gov.tr

Frequently asked questions

4 questions

  1. At least four and at most eight months under art. 21 of Act No. 4857; the court sets the amount.

Next step

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