membership. No one shall be forced to become
a member of a union or to withdraw from
membership.” Article 53 regulates collective
labour agreements: “Workers and employers
have the right to conclude collective labour
agreements in order to regulate reciprocally
their economic and social position and
conditions of work.” Article 54 recognizes,
albeit with limitations, the right to strike:
“Workers have the right to strike during the
collective bargaining process if a disagreement
arises. The procedures and conditions
governing the exercise of this right and the
employer’s recourse to a lockout, the scope of,
and the exceptions to them shall be regulated
by law.”
Law No. 6356 on Trade Unions and Collective
Labour Agreements, issued in 2012, provides
the legal framework to exercise the right
to strike, each stage of collective labour
agreements and its characteristics in detail.
Individual employment relationships are
regulated by the Law No.4857 dated 2003 in a
comprehensive manner.
Source: TÜMTİS - [2012 - TÜMTİS
In addition to the national legislation on the
Union Rights Protest] - No to the
repressive and hostile law(no.6356)
issue, international agreements ratified by
on Trade unions and Collective Labor
Turkey, reports of supervisory organs working
Agreements
on the implementation of these agreements,
and the judgments of the European Court
of Human Rights (ECtHR) should also be taken into consideration within the
framework for labour rights. Article 90 of the Constitution is progressive in
this area, containing a clause that dictates, “International agreements duly put
into effect carry the force of law.”
Turkey has been a member of the International Labour Organisation since
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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
1932 and is party to many of its conventions. ILO Convention No.87 titled “Freedom
of Association and Protection of the Right to Organise Convention,” signed by
Turkey in 1948 and ratified in 1993, guarantees the right to organise a union. The
right to collective bargaining is also a fundamental right, recognized since Turkey’s
1949 signing of the ILO Convention No. 98 “Right to Organise and Collective
Bargaining Convention” (ratified and entered into effect in Turkey in 1952). Article
4 of the Convention states that: “Measures appropriate to national conditions shall
be taken, where necessary, to encourage and promote the full development and
utilisation of machinery for voluntary negotiation between employers or employers’
organisations and workers’ organisations, with a view to the regulation of terms
and conditions of employment by means of collective agreements.” Through the
T H E L E G A L F R A M E W O R K O F T H E S TAT E O F E M E R G E N C Y A N D I T S L I M I T S
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