In 2018, the Commission observed further deterioration in labour rights in Turkey during the State of Emergency, including mass dismissals and suspensions. Moreover, double thresholds for collective bargaining at the workplace and sector levels and public servants not having the right to strike continued to be major obstacles in Turkey’s compliance with European standards and ILO conventions on trade union rights. The report noted that the de facto ban on on-going strikes had been expanded to include grounds of economic stability and continuation of service. The Commission concluded that Turkey should remove all obstacles limiting the full enjoyment of trade union rights in the coming year.30 Source: Uncertain In its 2019 progress report, the European Commission stated that managers and members of trade unions continued to face arbitrary dismissal, harassment and arrests due to various peaceful union activities. It also drew attention to detentions that were a result of the Istanbul Airport protests.31 According to the report, these incidents and other breaches of fundamental labour rights, such as the right to freedom of association and the right for collective bargaining have raised the attention of the International Labour Organization. Again, according to the report, in 2018, two strikes in the private sector were postponed (and de facto banned) by the government. Meanwhile, the Constitutional Court ruled that a government decision in 2015 to postpone a strike in the metal sector on grounds of national security had in fact violated the right to strike.32 Labour rights violations in Turkey have also been the subject of European Court of Human Rights (ECtHR) judgments. These judgments are enlightening and encouraging in terms of the protection and advancement of these rights. Below, a recent judgment of the Court will be summarised as an example of the topics discussed before: ECtHR judgment dated April 4, 2017 Tek Gıda İş Sendikası v. Turkey:33 A number of employees from three factories belonging to the Tukas Gıda Sanayi ve Ticaret company joined the Tekgıda-İş Union. On February 20, 2004, the trade union requested an establishment of competence by the Source: Tek Gıda-İş Sendikası Ministry so that it could conclude, on behalf of its members, collective labour agreements with the company in question. On May 26, 2004, the Ministry approved the competence and provided the union the necessary document. The employer subsequently lodged an objection to the Ministry. The Labour Court accepted the objection and the Court of Cassation upheld the decision. 31 https://www.ab.gov.tr/siteimages/birimler/kpb/2019_trkiye_raporu-_tr.pdf (Accessed on 26.08.2019). Meanwhile, in the beginning of 2004, the company had asked employees, who were members of that trade union, to cancel their membership and threatened to dismiss them. Some workers resigned from the membership, but forty employees refused. Soon afterwards, the company dismissed those forty workers, citing economic reasons (market fluctuations) or professional shortcomings (unsuccessful results). In 32 The Constitutional Court has ruled in favor of the DİSK-affiliated Birleşik Metal-İş on the union’s petition about the Coun- 33 European Court of Human Rights, Tek-Gıda İş Union v. Turkey, 04.04.2017, Application no. 35009/05. Statement and assess- cil of Ministers’ decision to postpone the strike of the union, which exercised its right to strike for MESS group agreements ment: ASTARLI, Muhittin. “Avrupa İnsan Hakları Mahkemesinin Sendika Hakkının Etkili Korunmasına İlişkin Tek Gıda İş Sendika- in the metal sector on January 29, 2015, and ordered the government to pay 50,000 Turkish Liras to the union as compensa- sı/Türkiye Kararı ve Türk Hukuku Bakımından Çıkarımlar.” [Tek Gıda İs Union v Turkey Judgment of the European Court Of Human tion. For more information see: http://www.birlesikmetalis.org/index.php/tr/guncel/basin-aciklamasi/830-ba-aym (Acces- Rights Concerning The Effective Protection of Freedom of Association in Unions and Its Implications in Turkish Law Çalışma ve sed on 26.08.2019). Toplum, 2019/2. 30 https://www.ab.gov.tr/siteimages/pub/komisyon_ulke_raporlari/2018_turkiye_raporu_tr.pdf 40 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 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 41