Source: Birleşik Metal-İş
unionisation efforts at the workplace. As BMIS’s lawsuits related
to the competence procedure continued, it was unable to conduct
to Baldur Workers in front
of Mercedes Workplace at
collective bargaining at this workplace. A BMIS specialist recalls
Germany] - “Solidarity is
the words of the company’s lawyer: “Your friends [workers]
our strength!”
decided to organise themselves in your union [BMIS], but human
resource managers has chosen Turkish-Metal unionisation.” This is a striking example
of the lack of awareness regarding the right to freedom of association in Turkey
among jurists.
Sendikası - [Solidarity
demo of German workers
Source: Birleşik Metal-İş Sendikası - [BMİS Baldur protest]
Source: Evrensel -
Operating in the Şekerpınar Organised Industrial Zone as part of
an investment of the Spanish company MBHA, Baldur Suspension
Factory produces leaf springs for trucks. It is one of the suppliers of Mercedes. While
the Birleşik-Metal-İş Union (BMIS) pursued its unionisation efforts at the workplace
and applied to the Ministry of Labour for a competency certificate on December 21,
2016, three workers were dismissed. In the following days, dismissals continued
eventually reaching a total of seven dismissed workers. Moreover, the human
resources manager of the factory began exerting pressure on the workers to resign
from the Union, claiming that the factory’s customers would cancel their orders if
the Union would be given the competence certificate. In the meantime, an objection
was made to the Union’s request for the competence certificate, postponing the
collective bargaining process. Subsequently, the employer enabled rival Türk-Metal’s
[BMİS Baldur protest]
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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
The collective labour agreement competency case filed by BMIS in Baldur recently
ended,48 granting the union competency for collective labour agreements in the
workplace. Although Türk-Metal has not yet signed a collective labour agreement in
the workplace, it provides some kind of recognition through the protocol it has signed
with the employer. The employer expresses its preference and attempts to direct
workers by including notices for this Türk-Metal into the items it distributes to the
workers as promotions etc. Meanwhile, BMIS, which finally obtained a certificate of
competency after 4 years, has seen declining membership in the workplace. It was
also in a reorganisation effort, trying to reach the required number of members in
order to make collective labour agreements.
Having received the competency authorization document by Ministry, BMIS presented
a draft agreement in October 2020, calling the management for the collective labour
bargaining. While waiting for a response to this call, three new members of BMIS
were dismissed on grounds including, “threat, tease and insult to their colleagues.”49
48 Decision of the 9th Civil Chamber of the Supreme Court of Appeals, File No: 2020/1484, Decision No: 2020/6245 Date: 13.02.2020
49 https://www.evrensel.net/haber/417798/baldur-suspansiyon-fabrikasinda-birlesik-metal-iste-orgutlenen-3-isci-isten-atildi
E X A M P L E S O F C O L L E C T I V E L A B O U R R I G H T S V I O L AT I O N S I N E U R O P E A N I N V E S T M E N T E N T E R P R I S E S
53