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To what extent may the employer chose which employees that should be made redundant in case of redundancy (cherry picking)?

There is no rule to choose which employee shall be made redundant. The employer can determine it according to the requirements of the workplace. However, as it is explained above the Turkish Labor Code sets out job security provisions for employees with at least six months of seniority who work in workplaces where at least 30 employees are employed. An employee is entitled to sue their employer for reinstatement to work under the job security provisions if s/he believes that there is no valid or just cause. Therefore, the employer may be required to set forth its grounds showing that the termination was with valid reason and inevitable.


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