The general aspects of collective labour rights for workers in Turkey

Abstract

After Turkey’s political system was transformed into a multi-party democracy, legally interpreted collective labour rights were introduced to the system by legal instruments. The first Trade Unions Act was enacted in 1947. In accordance with the articles related to collective labour rights, stated in the 1961 Constitution, the Turkish National Assembly adopted two particular pieces of legislation numbered 274 and 275 in 1963. These acts governed labour unions and collective bargaining, as well as grievance procedures such as strikes and lock-outs. The 1982 Turkish Constitution enshrined collective bargaining and striking as fundamental rights as it had been established by the prior Constitution. For nearly three decades, collective labour rights have been regulated by two different legal acts, numbered 2821 and 2822. In 2012, new legislation to regulate collective labour relations and meet the requirements of the social parties was proposed. The Law of Trade Unions and Collective Labour Agreements (Law no. 6356) is the current principal legislative tool for dealing with trade unions and collective labour agreements, as well as strikes and lock-outs. In the Turkish system, the formation of trade unions and employers’ associations is based on a voluntary and free basis and requires no previous approval from administrative bodies. Employers’ organizations and trade unions both have legal personalities. A double threshold approach for trade unions to conduct collective bargaining has been criticized by the ILO on several occasions. Strikes are infrequently utilized as industrial action, despite the fact that they are protected by the Constitution and Law No. 6356.