employment relations, established by legislation and agreements that bind the
home countries of European companies based in Turkey and the entire European
Union. These employers’ performance with regards to employment relations
should also be evaluated according to European (Union) norms.
In addition, many European companies that are not direct investors are also
widening their supplier networks to include Turkey. Therefore, while they are not
direct parties, they are indirect parties in terms of labour rights.
Finally, unions and confederations in Turkey are members of both European
and worldwide sector federations, regional union alliances and the European
Trade Union Confederation (ETUC). Through these platforms, the state of, and
developments in, labour rights in Turkey are discussed at European level.
The capital transfers from international investors with respect to their new
or existing companies in Turkey, and contributions for their share in domestic
companies, reached USD 161.8 billion between 2002 and 2020 January,4 of that
amount, 66.7% (USD 108 billion) came from EU countries.
International and Constitutional Framework of Workers’ Collective
Rights in Turkey
Articles 48 and 49 of the Constitution of the Republic of Turkey regulate the
right and freedom to work. Article 48 dictates that “Everyone has the freedom
to work and conclude contracts in the field of his/her choice,” and Article
49 states “Everyone has the right and duty to work. The State shall take the
necessary measures to raise the standard of living of workers, and to protect
workers and the unemployed in order to improve the general conditions of labour,
to promote labour, to create suitable economic conditions for prevention of
unemployment and to secure labour peace.”
Article 51 of the Constitution regulates the right to join unions: “Employees
and employers have the right to form unions and higher organisations, without
prior permission, in order to safeguard and develop their economic and social
rights and the interests of their members in their labour
relations and they also possess the right to become
Source: Bianet - [2012 a member of a union and to freely withdraw from
Our union rights cannot be
prevented! protests of DİSK]
As of the end of January 2020 there were 74,227 foreign companies active in
Turkey with local operations. For companies in the manufacturing sector, the top
manufactured products are chemical materials and products, followed by textile
and food products, then beverage and tobacco products. When categorised
by country of origin, Germany, with 7,853 companies, ranks first among EU
partnership companies, followed by the UK and the Netherlands with 3,303 and
3,214 companies respectively.5 The total for the entire Europe is over 30,000.
As demonstrated above, European investments constitute an important part
of foreign investments in Turkey. This makes European employers’ conduct
concerning labour rights even more important.
At this point, it is enlightening to look at the general legal framework of labour
rights in Turkey.
4 https://www.sanayi.gov.tr/assets/doc/Uluslararas%C4%B1%20Do%C4%9Frudan%20Yat%C4%B1r%C4%B1m%20
%C4%B0statistikleri.xlsx
5 https://www.sanayi.gov.tr/assets/doc/Uluslararas%C4%B1%20Do%C4%9Frudan%20Yat%C4%B1r%C4%B1m%20
%C4%B0statistikleri.xlsx (Accessed on 11.09.2020).
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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
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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