Violations of Trade Union Rights: Case Studies from Turkey in 2000s (original) (raw)
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Trade union rights have always been at the very bottom of the rights and freedoms agenda in Turkey – not just for the last years but during the entire history of the republic. In the post-2002 period of single party rule by the Adalet ve Kalkınma Partisi (AKP, English: Justice and Development Party), trade union rights were seen to suffer a considerable meltdown. Currently the trade union density in Turkey is much lower than in the decade following the military coup of September 12th, 1980. Due to higher thresholds for entering into collective bargaining system, a very low number of workers benefit from collective agreements or are able to engage in collective action, including strikes. Union members are insufficiently protected from dismissal on the grounds of their trade union activities. More over the right to strike has been abolished de facto.
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In Turkey, the development of a labour movement under relatively independent circumstances was not allowed historically, and supervision via legislation has regulated the union rights within narrow patterns. For this reason, in order to assess the development of the labour movement in Turkey, the essential characteristics of the political culture must be taken into consideration in addition to the objective conditions of the economy and the efforts to be articulated to international capitalism. Yet, the regulations in force are far behind the international norms which, in fact, do not threaten global capitalism. Constitutional regulations neglect the political function of trade unions and restrict the right to establish trade unions by a series of abstract security concerns. Public officials are excluded from the right to strike and the strikes are limited by the conflict of interests. Furthermore, the Government authority on strike postponement is reduced to a ban on strikes by mea...
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As a country located at the outside of 'center' according to conceptualisation of Immanuel Wallerstein, the born and rising of trade unions in Turkey has been in a quite late date when compared to the 'central' countries, especially to Britain. It's understandable for every country to having its own traditions and cultural approaches toward labour relations. So there are several (may be more) industrial relations approaches (or traditions) in labour relations history. In some industrial relations systems, the raison d'etre of trade unions has been to protect and improve labour conditions and other labour issues via collective bargaining. In some traditions trade unions means more than that: to war with capitalism or to collapse it. And while in some traditions politics has been one of the most effective weapons for trade unions to protect working class, on the other hand in some systems politics has been one of the most dangerous activities of trade unions and in those systems usually political activities has been banned for the unions. Looking at the labour history in Turkey the latter tradition is a quite familiar approach. More than one century, all the acts that regulate the area for trade unions have seen the political area for unions as an unwelcome field. In that paper I intend to present all the related acts that had such a tendency and explore the main reasons under that approach. For that aim, I am going to examine the Act
Academic Journal of Interdisciplinary Studies, 2013
Turkey has made significant progress toward more democratic labor relations last decade. These reforms are in progress with the Law No. 6356 come into force on November 7, 2012 by the Law on Trade Unions and Collective Bargaining. This law was established by combining Trade Unions Law No.2821 and Collective Bargaining, Strike and Lockout Law No.2822 (Both dated 1983). Now there is just one law for trade unions and collective bargaining and the law aims at to have operations in more democratic environment of all parties. But of course it has some adequate and inadequate effects. This study aims to evaluate the effects of the new Trade Unions and Collective Bargaining Law No.6356 on Turkish Industrial Relations System.The study has mainly structured in three sections. In the first part, the reasons of changing made by law on trade unions and collective bargaining (6356) are discussed. In the second part, the arrangements introduced by new law has examined in detail. In this section the arrangements have also examined within the framework of positive and negative aspects. In the last section, the possible effects of the new regulations on Turkish Industrial Relations System are examined. Within the new Trade Union and Collective Bargaining Law, the new period has been started. Although we can estimate the some positive and negative aspects of the new law, time will show the truth to Turkish Industrial Relations. There are lots of discussions about the new regulation between all parties. Some of them acknowledge that Turkey is approaching to the EU standards day by day, the others believe that labour relations deteriorating day by day. Actually some of the international organisations such as ITUC and ETUC are also supporting the second view.
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Contrary to expectations, Turkey's new act on trade unions and collective agreements does not further rights and freedoms. The new law is not in harmony with ILO's convention number 87 and with international work norms and thus also not with Turkey's constitution. The new law was passed notwithstanding the negative reaction of both national and international labour organisations. The new law maintains the basic parameters and general principles of the union regulations introduced immediately after the military coup.
The general aspects of collective labour rights for workers in Turkey
Russian Journal of Labour & Law
After Turkey's political system was transformed to 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. Depending on the articles related to collective labour rights, stated in 1961 Constitution, the Turkish National Assembly passed two particular legislation in 1963, numbered 274 and 275. These codes governed labour unions and collective bargaining, as well as grievance procedures such as strikes and lockouts. The 1982 Turkish Constitution established collective bargaining and strike action as fundamental rights as well as the prior Constitution. For nearly three decades, collective labour rights have regulated by two different legislation, numbered 2821 and 2822. In 2012, new legislation was proposed to regulate collective labour relations and meet the necessities of the social parties. The Law of Trade Unions and Collective Labour Agreements (law numbered 6356)...
Act No. 6356 on Trade Unions and Collective Labour Agreements - Turkey
Act No. 6356 on Trade Unions and Collective Labour Agreements-Turkey Part I - Purpose and Definitions Part II - Principles of Establishment and Bodies Part III - Membership Part IV - Protection Part V - Activities Part VI - Revenues, Audit and Dissolution of the Organizations Part VII - General Principles of Collective Labour Agreements Part VIII - Conclusion of Collective Labour Agreement Part IX - Settlement of Collective Labour Disputes Part X - Establishment and Working Principles of the High Board of Arbitration Part XI - Strikes and Lockouts Part XII - Miscellaneous and Final Provisions in Turkish: https://www.academia.edu/24051416/SEND%C4%B0KALAR\_VE\_TOPLU\_%C4%B0%C5%9E\_S%C3%96ZLE%C5%9EMES%C4%B0\_KANUNU\_-\_2\_May%C4%B1s\_2016\_G%C3%BCncel