The Perception of the Relationship between Trade Unions and Politics in Turkey: A Tracking on the Related Acts (original) (raw)
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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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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.
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
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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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Oligarchy as a Trade Union Default Setting: A Structural Re-examination of Union Democracy in Turkey, 2017
From the earliest days of the labor movement, rank-and-file members' supposed democratic control over their trade unions has been a constant problem due to certain sociological factors that reinforce oligarchy in organizations, and the five-decade Turkish experience of free unionism has proven to be no exception to this general tendency. This article first of all discusses the basics of union democracy as a concept and clarifies the fundamental difficulties for its consolidation. Secondly, it examines the post-1982 Turkish context of unionism structurally and procedurally on the issues of centralism, union organs, delegation and workplace representation, and asserts that the union organizational structure in Turkey further reinforces oligarchical rule, preventing the emergence of opposition and leadership contention within large unions. It also discusses the current structural provisions that support or hinder union democracy in a direct manner under the Trade Unions and Collective Labor Agreements Act No. 6356 regime in comparison to the former union laws.
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Turkish unionism contained the basic features of guardianship democratic structure until the 1990s, when it boomed with demand for real democracy. A democratic unionship style was adopted that was free of active political powers of the country and outside their domain, and even influencing them and carrying out a more efficient and productive struggle for rights. Beginning in 1989, the Turkish worker movement found the chance to solve its ages long problems by organizing inside real democracy. The striking features of worker movement between 1983 and 1995 were its mobility from the bottom to the top, richness in new sorts of action, and clearance of pre-1980 ideological remnants. Unionship concept went under a radical change of mind due to the signs of need for reorganization coming from worker base, coupled with anti-revolutionist culture generated by September 12. Those years passed between the unionship approach, which was the product of guardianship and working class and strengthening inclination of civilian opposition demanding for more democracy.