Workers took action in front of the factory, and started a protest, claiming that they were dismissed due to their union membership. On November 2020, Baldur, Özer Elektrik and HSK workers wanted to march together from Gebze to the Ministry in Ankara, to protest the restriction of trade union freedoms and the related dismissals of workers. However, police blocked the march, and a total of 97 people were detained.50 BMIS, whose demands for better working conditions and reengagement of the three dismissed workers were not accepted, has started a strike on December 25, 2020.51 Source: Birleşik Metal-İş DIAM Vitrin: * protest] - Dismissed Background Information Diam International SAS is a French company. It produces specially designed shop display cabinets etc. for world-famous cosmetics brands. The company became a signatory of the UN Global Conduct in 2012.52 Vitrin Tasarım Hizmetleri Ambalaj San. Tic. Ltd. Şti., which operates in Tuzla, has 210 workers. It is affiliated with the French company Diam International SAS. It primarily produces shop display cabinets for cosmetics and fashion brands. 50 https://www.evrensel.net/haber/419535/metal-iscilerinin-ankara-yuruyusu-engellendi-97-kisi-gozaltina-alindi 51 https://www.evrensel.net/haber/420804/baldur-iscileri-fabrikaya-grev-kararini-asti * Konuya ilişkin bilgiler, referans verilen kaynakların dışında Birleşik Metal-İş Sendikası Uluslararası İlişkiler Servisi yazışmalarından ve BMİS uzmanı Eyüp Özer ile yapılan görüşmeden derlenmiştir. Bu vakayla ilgili detaylar için rapor ekinde sunulan Sevda Toprak görüşmesine bakılabilir. Birleşik-Metal-İş Union started to register new members at the workplace in May 2017. When the company heard about the workers shall be reinstated! unionisation efforts, five workers, who were the first to become members of the trade union, were dismissed. The Union organised a press conference on May 15 in front of the factory to protest the dismissals. The employer locked workers in the cafeteria to hinder them from joining the Union. Later, nine additional workers who had been leading the unionisation efforts were dismissed. In response to this, workers stopped work and started protests inside and in front of the factory, asking their colleagues to be reinstated. On May 22, the union received the competency certificate for collective bargaining from the Ministry of Labour after having the majority of members in the workplace. On June 15, the employer sent all Union members a text message, informing them that they were dismissed without severance pay. It also objected to the Union’s competence. In the meantime, the employer did not respond to the letters sent by the Union and the sector federation IndustriAll in any way. The Union subsequently lodged a complaint to the OECD. Sendikası - [BMİS DIAM Source: Birleşik Metal-İş Sendikası -[BMİS DIAM 52 For the full text of the letter sent by the company’s CEO to the UN’s General Secretary see: protest] - We protect the https://s3-us-west 2.amazonaws.com/ungcproduction/commitment_letters/16359/original/ union rights at DİAM, on UNGC_Lettre_engagement.pdf?1329502053 (Accessed on 26.08.2019) the guidance of 15-16 June 54 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 As a result of the protests at the workplace, the employer Diam started legal proceedings against the “unlawful strike” (but the Court turned down their complaint) and objected to the Union’s competence to conclude collective labour agreements. This objection was deliberately submitted to the court of a different region to delay the legal process. In the end, the local court awarded competency to BMIS for collective labour agreements. At the time of writing this report, the proceedings were still pending; the Union was expecting the employer to file an appeal against this decision. On the other hand, during the complaint process to the OECD, the OECD announced that it would attempt to mediate, and create an opportunity for negotiation between the parties; this meeting is now expected to be held. 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 55