days; three workers, who were arrested later, were detained for 78 days; another four workers were detained for 70 days; and the DİSK affiliate Dev Yapı-İş Union Chairman Özgür Karabulut, who was arrested the following day, was detained for 61 days. All demands made by the workers were in line with the application of existing laws. According to relevant legislation, administrative penalties should result when salaries are not paid on time or necessary measures are not taken to protect worker’s health and safety. Moreover, according to Article 13, Law No. 6331 workers have the right to abstain from work in the event of serious and imminent danger. Similarly, according to Article 54 of the Labour Law, workers can also exercise this right when salaries are not paid over a certain period of time. The Ministry of Transportation said that under current legislation and practices, it would be impossible to unite tens of thousands of workers dispersed in around 500 subcontractor companies under one umbrella union to conduct collective bargaining. Still, the workers had to find a de facto way of acting collectively in order to improve their conditions. Through these protests, workers exercised their right to collective action in accordance with Article 54 of the Constitution, and Article 6(4) of the European Social Charter. Jurisprudence from the Court of Cassation confirms this right.23 Evaluations and Decisions of International Actors Concerning Workers’ Rights Violations in Turkey As described in an earlier section, Turkey’s record in protecting workers’ rights have been significantly insufficient for a long time. This is also true for the 2000s, when economic indicators were relatively positive for some period of time. This 23 Gülmez, Mesut. “Toplu Eylem Hakkına Dahil Protesto Grevleri, Yasa Dışı Grev Değildir: Yargıtay 7. Hukuk Dairesi Kararı Karar Eleştirisi.” [Strikes Are Part of the Right to Collective Action, They Are Not Illegal] Çalışma ve Toplum Dergisi 14 (2014): 233-255. The 7th Civil Chamber of the Court of Cassation gave a striking decision on the half-day protest the article talks about since it is a rare example of the recognition of the “right to take collective action.” The protest was held by Mersin dock workers in 2013, where Source: ITUC 2018 Global has been strikingly documented in reports and evaluations of international trade unions and intergovernmental organisations. Rights Index Every year rights violations in Turkey are mentioned in the International Trade Union Confederation’s (ITUC) Annual Survey of Trade Union Rights Violations. These surveys frequently mention practices against unionisation and problems in exercising trade union rights of public workers, including the right to strike and collective bargaining.24 In the 2018 survey, Turkey was among the worst ten countries for workers’ rights. The report listed Turkey, Kazakhstan, and Belarus among the top countries where the state represses independent trade unions. The report also mentioned the dismissals as a result of the State of Emergency and arrests of trade union members and leaders of KESK, DİSK and TÜMTİS. In the Turkey section of the report, numerous strike bans in various sectors, including the glass and metal sectors, were also mentioned.25 they closed down the entrance of the dock. To sum up: “In its decision against Turkey, the ECtHR confirmed that the government’s decision to impose a total ban on the one-day general strike, which was not related to the Collective Labor Agreement procedure, 24 For detailed information on the issue, see Köse, S. ITUC Raporlarına Göre 2000’li Yıllarda Sendikal Hak İhlalleri (2000– and take disciplinary action against the employees, were against the rules adopted by the ECHR, European Social Charter and ILO. 2010). [Trade Union Rights Violations in the 2000s According to ITUC Reports] [http://www.sosyalhaklar.net/2010/bildiri/ In conclusion, in line with international norms, short-term acts of protest, which involve the exercise of a democratic right, against kose.pdf] [conditions] that affect workers economically and socially or against practices in the workplace, are part of the right to take collective action. Such actions cannot be banned unless they are purely political.” http://www.calismatoplum.org/sayi43/gulmez.pdf 36 C O L L E C T I V E R I G H T S O F W O R K E R S U N D E R T U R K E Y ’ S C O N T I N U O U S S TAT E O F E M E R G E N C Y T R A D E U N I O N R I G H T S I N E U R O P E A N A N D E U R O P E A N - A F F I L I AT E D E N T E R P R I S E S 25 https://www.ituc-csi.org/ituc-global-rights-index-2018?lang=en T H E P I C T U R E O F L A B O U R R I G H T S V I O L AT I O N S I N T U R K E Y 37