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 16 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 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 17

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