Turkey - 2012
Capital: Ankara

29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
Recep Tayyip Erdogan began a third term of office in June 2011, following a resounding general election win for his Islamist-leaning Justice and Development Party (AKP). Military strikes were launched in August against alleged Kurdish rebels in the mountains of northern Iraq, then in October rebels from the Kurdistan Workers’ Partu (PKK) killed 24 Turkish troops near the Iraqi border. Talks on Turkish membership of the EU continued, but the country has been slow to make the necessary reforms, notably on human rights.
Serious doubts about the extent of press freedoms in Turkey continued following the arrest on 3 March of ten journalists for what the authorities claimed was involvement in an anti-government conspiracy, bringing the total of journalists behind bars to 68. They had all dared to be critical of the government in their articles, and some had received threats related to their actions.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Ankara

reported violations- 2012
Trade union rights in law
Trade union rights are not adequately secured in the law. While freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
is enshrined in the Constitution, Turkish citizenship is a requirement for forming a union or becoming a union officer. Several categories of workers are also excluded from this right, including in the public sector. Trade unions are also not able to operate freely: Unions cannot be established on an occupational or workplace basis, their internal organisation and their activities are minutely regulated – leading to repeated interference by the authorities – and they must obtain permission from the authorities to organise meetings or rallies. The police must be allowed to attend the events and record the proceedings. If a union seriously contravenes the laws governing its activities, it can be forced to suspend its activities or enter into liquidation by order of an industrial tribunal.
The Constitution was partially amended in 2010 to allow for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
also in the public sector, however the thresholds for recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
are inordinately high for all unions. Furthermore, the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is limited, and there is an excessively long waiting period – nearly three months – before a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can be called. Picketing
picketing
Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer.
is very restricted, strikes over the non-observance of collective agreements are prohibited, and the law bans strikes in many services that cannot be considered essential. Severe penalties, including imprisonment, are possible for participation in unlawful strikes. The law also grants the Council of Ministers the possibility to suspend for 60 days a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for reasons of public health or national security and then to refer the matter to compulsory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
.
A draft Law on collective work is being discussed in Parliament. Allegedly, some provisions of the draft would drastically worsen the situation of trade union rights in the country regarding freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
and the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
The Turkish Penal Code stipulates that acts of force or threat to compel someone to join or not to join a trade union, to participate in union activities, or to resign from a trade union or union office shall be punished by imprisonment from six to 12 months. It also holds that any obstruction of trade union activity through force, threats or other unlawful acts shall be punished by imprisonment from one to three years. Any person found guilty of unlawfully recording personal data, including on trade union affiliation, shall be punished by imprisonment from six months to three years. In the public sector, the employer cannot transfer a union representative or official without a valid reason and without indicating the reasons for the change clearly and precisely. Furthermore, a public employer cannot discriminate on the grounds of membership or non-membership of a trade union. In addition to this, the law provides protection against unfair dismissals for trade union membership or participation in trade union activities outside working hours or, with the consent of the employer, within working hours.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
The Turkish Penal Code stipulates that acts of force or threat to compel someone to join or not to join a trade union, to participate in union activities, or to resign from a trade union or union office shall be punished by imprisonment from six to 12 months. It also holds that any obstruction of trade union activity through force, threats or other unlawful acts shall be punished by imprisonment from one to three years. Any person found guilty of unlawfully recording personal data, including on trade union affiliation, shall be punished by imprisonment from six months to three years. In the public sector, the employer cannot transfer a union representative or official without a valid reason and without indicating the reasons for the change clearly and precisely. Furthermore, a public employer cannot discriminate on the grounds of membership or non-membership of a trade union. In addition to this, the law provides protection against unfair dismissals for trade union membership or participation in trade union activities outside working hours or, with the consent of the employer, within working hours.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- The law bans the establishment of trade unions on an occupational or workplace basis and instead grants the Ministry of Labour the right to determine the branch of activity covering a workplace.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Trade union officers’ mandates are suspended in case of candidacy in local or general elections and terminated in case of election. The law also provides for the removal of union executive bodies in case of non-respect of requirements set out in the law as well as the termination of trade union office by reason of transfer or dismissal of a trade union leader.
- >Restrictions on the right to freely organise activities and formulate programmes
- Unions must obtain official permission to organise meetings or rallies, and must allow the police to attend their events and record the proceedings. Associations still cannot use languages other than Turkish in their official activities.
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- If a union seriously contravenes the laws governing its activities, it can be forced to suspend its activities or enter into liquidation by order of a labour tribunal.
- >Other external interference allowed by law
- The provisions governing the internal functioning of unions and their activities are very detailed, which leads to repeated interference by the authorities.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- The Public Employees' Trade Unions Act only extends the right to join and form unions to public servants who are permanently employed and have finished their trial periods. Article 15 of the Act lists a number of employees who are prohibited from joining unions, including lawyers, civilian civil servants at the Ministry of National Defence and the Turkish Armed Forces, employees of penal institutions, special security personnel, public employees "in positions of trust", presidents of universities and directors of higher schools.
- >Non-national or migrant workers
- Turkish citizenship is a requirement for forming a union or becoming a union officer. However, a bill is in parliament to repeal this prohibition.
- >Domestic workers
- >Others categories
- Self-employed workers and apprentices are not granted the right to organise. Persons who have been unemployed for more than one year and those retired cannot retain their union membership either.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law but strictly regulated.
The Constitution was partially amended in May 2010 and now grants the right to collective bargaining to employees in the public sector.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- Only one union per enterprise, i.e. the largest one, is authorised to conduct collective bargaining.
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- The Public Employees' Trade Unions Act does not mention the concept of collective bargaining. Instead, it provides for what is called "collective consultative talks". The Act defines in detail what these can cover, and the list is restricted to financial issues, covering salaries and other allowances, compensation and bonuses.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Other excessively complex or time-consuming formalities to call a strike
- Where strikes are allowed, there is an excessively long waiting period – nearly three months before a strike can be held.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- Strikes over the non-observance of collective labour agreements are forbidden.
- >Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
- Only four or five strikers may form a picket line at the factory gates, and they may not set up a tent or any kind of shelter, nor hang up banners stating anything other than "there is a strike at this workplace".
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Severe penalties, including imprisonment, are possible for participation in non-authorised strikes.
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- There is still no formally recognised right to strike in the public sector, despite a revision of the Public Employees\' Trade Unions Act in 2005. In the landmark case of Enerji Yapi-Yol Sen v. Turkey, published on 21 April 2009, the European Court of Human Rights ruled that prohibiting public sector employees from taking part in a national one-day strike was contrary to Article 11 of the European Convention on Human Rights.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The law bans strikes in many services which cannot be considered essential in the strict sense of the term.
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- Minimum services are determined by the regional directorate of the Ministry of Labour and Social Security without the participation of the workers\' and employers\' association involved.
- >Other limitations (e.g. in EPZs)
- The law grants the Council of Ministers the possibility to suspend for 60 days a lawful strike for public health and national security reasons and then to refer the matter to compulsory arbitration if the parties have not been able to reach a settlement upon the expiry of the suspension period.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Ankara

reported violations - 2012
In practice
See tripartism, ITUC Guide to international trade union rights Committee on the Application of Standards (CAS) expressed, in its conclusions, “concern about the new allegations of the restrictions placed on freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework and assembly of trade unionists.” It urged the Turkish government to report on the respect for trade union rights before the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights Governing Body session in November -, and to avail itself again of ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights technical assistance.
In its conclusions, the June 2011 ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Conference Committee on the Application of Standards (CAS) noted that “no specific progress had been made on the long-awaited draft law on trade unions”. However during 2011, there have been on-going discussions between the government, trade union confederations and employers on modifications to Turkish trade union legislation. The new draft legislation called the “Collective Labour Relations Law” is intended to replace the “Trade Unions Law”, coded 2821, and the “Collective Labour Agreement, Strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and Lock-out Strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
,” coded 2822. Several Turkish confederations have argued that the new law if enacted would reduce workers’ and trade unions’ rights and were in breach of European and the international labour standards
international labour standards
Principles and norms related to labour matters, primarily codified in the Conventions and the Recommendations of the International Labour Organization (ILO). Include core labour rights such as freedom of association and the right to organise, the right to collective bargaining and the right to strike, which are all covered by ILO Conventions 87 and 98.
See ITUC Guide to international trade union rights
.
The new draft included some improvements such as the lifting of the public notary requirement regarding union membership, which had been a major barrier to union organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
and the fact that legal challenges by employers based on the presence of other unions at workplaces would no longer be a reason to suspend the bargaining authorisation process. However, the proposed system, through “e-government”, maintained government interference and control in union-member relations. Furthermore, the reduction of the number of sectors makes it more difficult for trade unions to meet the national sector threshold. Despite those modest improvements, the draft still did not comply with international labour standards
international labour standards
Principles and norms related to labour matters, primarily codified in the Conventions and the Recommendations of the International Labour Organization (ILO). Include core labour rights such as freedom of association and the right to organise, the right to collective bargaining and the right to strike, which are all covered by ILO Conventions 87 and 98.
See ITUC Guide to international trade union rights
(ILS). The system of thresholds as a pre-condition for unions to hold bargaining status as well as for plant level and enterprise level collective agreements were still breaching ILS. Furthermore, according to this draft, all bureaucratic procedures for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
authorisation processes would stay in place. Strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
prohibitions remain and strikes are still banned in sectors in a way that goes well beyond the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
definition of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
”. The draft law maintains the power of the Council of Ministers to suspend by decree a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for public health and national security reasons. The use of such vague terms as “national security” and “public health” often leads to clear and obvious violations of the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Under the draft law, local courts would have the authority to suspend strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
activity under the same vague formulation; a measure that would be worse than current legislation.
At the end of the year, the second draft law had been modified and was being discussed in Parliament. This second draft has been condemned by several trade union organisations for containing regressive provisions compared to the existing law and to the first draft law discussed with social partners social partners Unions and employers or their representative organisations. earlier in 2011.
In its October report on accession, the European Commission stated that “There has been limited progress in the area of social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
." The ban on the contractual personnel of state economic enterprises from establishing trade unions or engaging in trade union activities has been lifted. However, the ban on these personnel engaging in any kind of strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action remains in place. A Prime Ministerial circular allows the participation of civil servants’ trade unions on the boards dealing with the social rights of public employees and disciplinary issues. Constitutional amendments regarding workers’ rights have not been put into effect as the necessary changes in the relevant trade union legislation have not been made.
Social partners
social partners
Unions and employers or their representative organisations.
have failed to agree on key issues such as the right to organise at workplace level and thresholds for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
. The Economic and Social Council did not meet during the reporting period. The coverage of workers by collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreements has not increased.
The steady rise of outsourcing outsourcing See contracting-out in Turkey is undermining workers’ rights. The Confederation of Revolutionary Workers’ Unions (DİSK) estimates that around 3 million workers in Turkey are employed by outsourcing outsourcing See contracting-out companies, often in inhumane conditions. Work accidents and occupational diseases are on the increase because safety measures are ignored by subcontracting firms. Pay can also be a problem as even though the real employer may pay salaries on time, the sub-contracting company may first use the money for their own investments and delay passing the money on to the workers.
It is difficult for outsourced workers to improve their conditions because they are prevented from joining unions. If they try to organise, they lose their jobs. Even if they succeed, the contracting company often launches a new tender, hiring a new outsourcing outsourcing See contracting-out company. Outsourcing outsourcing See contracting-out is primarily used in the public sector for services like cleaning, transportation and health, although it is on the increase in the private sector. Even big factories that use mass production are changing their system and prefer to hire outsourced workers without unions.
Worryingly, the Turkish government is preparing to amend legislation in a way that will increase the number of outsourced workers, including by facilitating the hiring of workers on a seasonal basis.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Ankara

reported violations - 2012
Violations
Petrol-İş, the Petroleum, Chemical and Rubber Workers Union affiliated to the International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), came under a barrage of attacks from employers in reaction to its vigorous organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. campaign. On 7 January, 15 Petrol-İş members were sacked for their union membership by the India-based Polyplex company, that manufactures polyester film in Corlu province. The company had previously sacked another six union members in December 2010. Petrol-Is also recruited 53 members at Demo Plastik, a subsidiary of the French-based company AFE Plasturgie, located in the city of Bursa, which had 109 employees. When local managers learned of the union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. , they immediately dismissed ten trade union activists. All the dismissed people then started to picket outside the plant. The management continued to exert pressure on union members to resign from the union and the situation grew worse. The employer dismissed all the workers who refused to leave the union.
Some progress was made early in the year at Sa-ba Endüstriyel Ürünler İmalat ve Tic. A.S., an auto-parts supplier to multinationals such as Ford, Isuzu, Fiat, and Renault. In December 2010, the company dismissed 99 workers after Petrol-Is started organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. . However, after a series of meetings with management, Petrol-İş was recognised as a bargaining partner and all dismissed workers who wished to return were reinstated.
On 17 January, the DESA leather goods company sacked 12 workers from its Sefakoy Plant. Of the 12, nine were sacked for attending a meeting of the Deri-İş , the International Textile, Garment and Leather Workers’ Federation (ITGLWF) affiliated leather workers’ union, while the remaing three were related to the other nine. A further two workers were sacked on 28 January for their union activities. Deri-İş members continued to face harassment and intimidation, particularly the women workers. On 23 June, a union leader at the Duzce plant was sentenced to five months imprisonment, supposedly for terrorist activities through their involvement in the union.
DESA management continued to brand the union’s president, organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. secretary and officers as terrorists and spread anti-union propaganda, including claims that the union officers were Kurds or Armenians, forcing some into resignation because of the racism behind the propaganda. Following the visit of Klaus Priegnitz, ITGLWF General Secretary, in November, management at DESA and the leadership of Deri-Is have agreed to begin negotiations on steps to ensure basic worker rights are respected.
In May, 16 Deri-İş union members at the Kampana leather factory were dismissed by their employer for taking part in a union-led protest against long hours, low wages and serious health hazards caused by the use of chemicals without proper protection. The dismissals triggered a campaign by Deri-İş against the anti-union attitude of the employer. As a consequence, production was shifted to the Savranoglu plant in Izmir. The union also organised workers there. Three more dismissals followed and the workers set up a picket line. The employer then closed the Izmir plant and ordered the workers to move to Istanbul, expecting them to refuse to leave their families. To maintain organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. power however 38 workers agreed to transfer to Istanbul on 3 October. They were given no time off to find accommodation and spent their first night in Istanbul in the factory. The employer dismissed 36 workers on 13 October without severance pay by claiming that they occupied the Istanbul plant. The workers continued to demand that the employer respect their basic rights and accept their union.
See collective bargaining agreement
talks taking place with TEC. It is understood that a disturbance followed, during which a number of union members intervened, and that a protest was held by workers over the guards’ actions. Four TEC workers were subsequently dismissed, apparently over their alleged roles in the incident.
On 4 April, all Birleşik Metal-İş members at the MAS-DAF Makina Sanayi factory were fired, a total of 110 workers. The mass dismissals came just months after the same company attempted to undermine union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. efforts in August 2010 by firing 22 of the union’s strongest supporters when the trade union applied for authorisation to the Labour Ministry.
The 110 workers began picketing
picketing
Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer.
outside the MAS-DAF Makina Sanayi factory in Düzce demanding reinstatement. The workers were detained by the gendarmerie in an effort to stop the union’s second round of actions to force the government to intervene. On 19 July, moments before a press conference was to be held announcing the union’s plans to ramp up actions with a 234 kilometre march from Düzce to Ankara, the Gendarmerie stormed the rally and forcefully detained 12 workers and union leaders, including Mr. Celalettin Aykanat, executive committee member of DİSK and Birleşik Metal-İş. They were later released and the next day workers and union leaders began their march to the capital city to deliver a strong message to the Turkish government that workers must be allowed to join unions without fear of retaliatory dismissals or anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
.
Birleşik Metal-İş, in coordination with the European Metalworkers’ Federation (EMF) and International Metalworkers’ Federation (IMF), won reinstatement for the workers, but five declined to return to the company.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action during tea breaks and lunchtimes. An expert’s report, commissioned by GEA, found these claims to be untrue while a separate investigation found that workers had been denied access to their place of work. In late November, a Gebze court ruled that four workers who were dismissed on 31 May should be reinstated.
On 28 July, the Ankara 15th Labour Court decided to close down the Union of Judges and Prosecutors (YARGI-SEN). The decision was taken at the session that was the final hearing of the closure case brought by the Ankara Governor’s Office, under the terms of Article 51 of the Constitution on the right to organise labour unions.
According to the Law on Public Servants’ Unions, presidents, members, judges and prosecutors of supreme judiciary bodies are not entitled to form a union or be a member of one, the Governor’s Office petition claimed. Ömer Faruk Eminağaoğlu, Chairman of the YARGI-SEN Board of Directors countered that they had the right to form a union according to ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
standards as well as the United Nations International Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights. He noted that the Turkish Constitution clearly rules that “In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail”. The court ignored his arguments and dissolved the union. YARGI-SEN said it would appeal the decision and, if need be, go to the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
and the European Court of Human Rights (ECHR).
On 27 September, in Şanlıurfa, the police arrested 31 members and executives of the Turkish Human Rights Association (İnsan Haklari Derneği - İHD) as well as the Education International (EI) affiliated Education and Science Workers Trade Union (Eğitim-Sen) and the Public Services International (PSI) affiliated Health and Social Service Workers Trade Union (SES). The police also searched the offices and the houses of the chairpersons and executives of the organisations. Among those arrested were the Eğitim-Sen Branch President Halit Şahin, the Eğitim-Sen former Branch President Sıtkı Dehşet and the Eğitim-Sen executive Veysi Özbingöl. The police were in possession of a warrant from the Şanlıurfa Chief Public Prosecution Office mentioning allegations of “propaganda for an illegal organisation” and “participating in activities in line with the action and aims of that organisation”
On 30 September seven of the 31 initially arrested were formally charged with “propaganda of an illegal organisation” under Article 7/2 of the Anti-Terrorism Law and placed in provisional detention. The other 24 persons were released without charges.
Workers fired for joining the Turkish metal union affiliated with the International Metal Workers’ Federation (IMF), Birlesik Metal-IS, finally won justice after a three year, bitter and intense struggle. In December, Turkey’s Supreme Court handed down its final ruling, concluding that Sinter Metal, a global parts manufacturer, fired workers for joining the Birlesik Metal-IS. The struggle began in December 2008 when all 378 Sinter Metal blue collar workers, members of Birlesik Metal-Is were illegally dismissed. Weeks later, in January 2009, an additional 16 were dismissed.
The workers and their union launched a legal case for their reinstatement and a call for international global action, with the support of the IMF and the European Metalworkers’ Federation (EMF). In December 2010, a court found that the workers were dismissed not for economic reasons but for their trade union membership and Sinter Metal was ordered to reinstate them, or pay 16 months salary in compensation.
The company appealed. In December 2011, the Supreme Court confirmed the decision of the local court. Time had taken its toll however, as in the intervening period, 104 of the original 291 reinstatement cases had dropped out, leaving a remaining 187 workers.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Ankara
