WHATHAPPENS IN TURKISH COLLECTIVE AGREEMENTS€¦ · Dr. Ceyhun GULER Karamanoglu Mehmetbey...
Transcript of WHATHAPPENS IN TURKISH COLLECTIVE AGREEMENTS€¦ · Dr. Ceyhun GULER Karamanoglu Mehmetbey...
WHAT HAPPENS IN TURKISHCOLLECTIVE AGREEMENTS?
Dr. Ceyhun GULER
Karamanoglu Mehmetbey University
Department of Labour Economics & Industrial Relations
CBAsTurkey
The legal framework of the collective bargaining system in Turkey
Framework of collective bargaining in Turkey aredetermined by two separate laws for private and publicservants.
1)Public Servants' Unions and Collective BargainingLaw No.4688: Collective bargaining rights of publicservants in Turkey was recognized in 2012. The right tostrike is still prohibited for public servants.
2) Trade Unions and Collective Bargaining LawNo. 6356: It regulates union rights and freedomsof workers, including collective bargainingagreements.
CBAsTurkey
Scope and Level of Collective Bargaining Agreement
The collective bargaining agreementssigned in Turkey widely in the workplace
or enterprise level.
Also limited group collective agreementssigned between employers and workers'
trade unions.
Collective agreements are signed at thenational and sectoral level only for
publice servants.
The group collective agreements signedin the metal sector are the most
overrated and it covering mostworkers in Turkey after the collective agreement
forpublic servants.
CBAsTurkey
Scope and Level of Collective Bargaining Agreement
The framework agreements are signed in the vocational education, occupationalhealth and safety, social responsibilityand employment policies between theemployers / their trade unions and the
workers trade unions.
Framework agreement is not a commonpractice in Turkey.
Sectoral or national level collectivebargaining agreements are not signed in
Turkey for workers.
The general collective agreement forpublic servants regulates the general employee compendiousness rights andwages of public servants while branchcollective agreements regulate specific
rights of branch employees.
CBAsTurkey
In conjunction with theeconomic development of
Turkey, duration of collectiveagreement could be thesubject of dispute in the
process of collectivebargaining.
Common practicethroughout Turkey for
two years.
According to laws thedurations of collective
agreements are at leastone at most three years
for workers.
For the public servantsthe duration of public
collective agreements aretwo year.
Duration of collective agreements
CBAsTurkey
In prosedure, members of theparty trade union benefitfrom the collective agreement
However, members of another trade unio nor non
trade union membersbenefit from collectiveagreement by paying
solidarity fees.
Benefiting from collective agreements
CBAsTurkey
Trade union approvalis not required tobenefit from the
collective agreementwith solidarity fees.
The solidarity feecan not exceed themembership fee.
Inpractice, thesolidarity fee is
generally as muchas the union
member ship fee.
Solidarity Fees
CBAsTurkey
In the public collective agreement, all servantsbenefit from the signed collective agreementwithout solidarity fee etc. It does not matterwhether being trade union member or not.
CBAsTurkey
For the enterprise level collective agreement: The trade union, which represents one percent of the workers in the sector in
which it is established and represent forty percent of theworkers in the enterprise and has the highest number of
members in that enterprise, is authorized to sign collectiveagreements.
For the workplace collective agreement: The trade unions thatrepresents one percent of the workers in the sector in which it is established and represent more than half of the workers in the
workplace and has the most members in that workplace is authorized to sign collective agreements.
Collective agreement signing authority
CBAsTurkey
President of the Public Employer Delegation on behalf of thepublic administration and Public servants trade union
confederation with the highest number of members and tradeunion with the highest number of members in each branch have
the singing authority public servants collective agreement.
Fort the public servants collective agreement: Public Employers' Delegation on behalf of the public administration and Public
Servants TradeUnions Delegation on behalf of the publicservants attend collective bargaining negotiations.
Collective agreement signing authority
CBAsTurkey
For Workplace and Enterplace CollectiveAgreements: Workers Trade Unions,employer or employers trade unions
For Group Collective Agreements:Workers Trade Unions and Employerstrade unions
For Public Servants Collective agreements:Public Employers' Delegation on behalf ofpublic adminstration and Public ServantsTradeUnions Delegation are the parties ofcollective agreement.
Parties of the collective agreement
CBAsTurkey
The Public Employers' Delegationis under the chairmanship of theDeputy President or minister appointed by the President of the Public, consists of representatives of ministries and public institutions andorganizations determined by the President.
Public Servants Trade Union Delegation is chaired by therepresentation of The confederation with the highest number of members in terms of the total number of members of the affiliatedtrade unions. One representative to be determined by the trade unionswith the highest number of members in each service branch. And onerepresentatives which determined by the each confederations in thefirst, second and third place in terms of total number of members, based on the number of members of the affiliated trade unions.
Parties of the public servantscollective agreement
CBAsTurkey
Trial Preriod: Accordingto the labor law, the
trial period is at mosttwo months. With a
collective agreement, this period can be
extended up to fourmonths.
Content of Collective Agereement
CBAsTurkey
According to the labour law, the wage is paid at leastonce a month.This period
can be reduced for up to oneweek with individual
employment agreements orcollective agreements.
Annual leave periods can be increased by individual
employment agreements orcollective agreements.
The equalization period is two months and can be
extended up to four monthsby collective agreements.
Some other issues regulated bycollective agreements
CBAsTurkey
Wages are the main causes of disputes in the collective bargainingprocess in Turkey.
Increase of wages is usually calculated separately for each year in a two-year agreement.
The increase is reflected in the wage in 6-month periods. (Exm.. 1st SixMonth, 2nd SixMonth, 3th SixMonthand 4th SixMonth)
Increases by seniority is common practice in Turkey. Usually afterequally icreases. Wage increases are given according to seniorityadditionally.
Consumer price indexes and inflation are also taken in to considerationin wage increases.
Content of Collective Agereement: Wages
CBAsTurkey
Education allowance, military allowance, marriageallowance, fuel aid, death allowance, maternity allowance,disability assistance, travel assistance, clothing aid,cleaning materials and kitchen packages, feast bonuses,determination of work equipment by workers are additionalrights issued by the employer, which are arranged incollective agreements generally in Turkey.
Permissions for trade union activities are also covered anddetermined by collective bargaining.
Content of Collective Agereement: Regulations on socialrights
CBAsTurkey
Breast feeding rooms, nursery, maternity leave, maternity allowances are the most common
regulations in collective agreements of Turkey.
There are advanced regulations in a verylimited number of collective agreements.
Inthis regard, rights of LGBTI individuals can be found in a limited number of collective
agreement.
Some agreements have broad definitions of equality.
Content of Collective Agereement: Gender
CBAsTurkey
We do not have a database forcollectivebargainingin Turkey.
Most of tradeunions do not want to sharetheir collectiveagrementswith anyone.
Passivecompetitionbetween tradeunions is effective on thisissue.
Public servantscollectiveagreement is very ineffective.
As soon as it is necessary toestablish a database in Turkey
Coming to the conclusion
CBAsTurkey
WithHealth
WithHopefully
WithoutCorona
Thanksa lot
CBAsTurkey