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Trade Union Law and Collective Bargaining Agreements

The organization of workers working in a workplace and their seeking their wage and social rights under the umbrella of an organization by acting together gave rise to the law of unions. Freedom of association is guaranteed by the constitution and related laws. Freedom of association is also counted among the fundamental rights in the ILO (International Labor Organization) Conventions signed by Turkey and which remain valid in domestic law.

On the other hand, Article 23 of the Universal Declaration of Human Rights. substance; “Everyone has the right to form and join unions to protect their own interests”, and then Article 51 of the Turkish Constitution. Article: “Employees and employers have the right to establish unions and higher organizations, to freely join and withdraw from membership without prior permission, in order to protect and develop the economic and social rights and interests of their members in their labor relations. No one can be compelled to join or withdraw from a trade union.” says. In addition to these, Article 17 of the Law on Trade Unions and Collective Bargaining No. 6356. and 25. It is an absolute right with the ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organize.

As it is seen, in addition to the need to respect this right, which is included in many legal regulations, employers also have the freedom to defend themselves legally and to seek their own rights. Since the Collective Bargaining Agreement is bilateral and has the characteristics of a bargain and a contract, a reliable legal protection umbrella is needed at this point. After all, it is natural that a balance should be established between the union of the workers organized in the workplace and the employer. After all, Labor Law and the related Collective Bargaining Law is a law of balance and it is clear that it has an economic aspect unlike many other branches of law. This right, which comes with the freedom of association and the right to claim rights for the workers and rises on the basis of the struggle for better working and living conditions, also means the presence in the workplace, protecting the capital and work peace, creating an efficient and qualified workplace, more production, more employment and more employment for the employers. more on the basis of growth.

At this point, K&P Legal provides very important legal services on behalf of companies within the scope of the Unions and Collective Bargaining Law No. 6356, because making a Collective Bargaining Agreement requires a very serious experience and expertise. K&P Legal has been at the Collective Bargaining desks for 27 years as the attorney of the contracting parties. In this context;

  • Providing legal support from start to finish during the union organizing phase,
  • If necessary, following the Trade Union Authority objection process,
  • The rights of workers and employers during union organization and resolution of disputes arising during the use of these rights,
  • Managing the process of starting, executing, and terminating Collective Bargaining in a healthy way, assisting in the revision of the contract on the basis of workplace, enterprise or group collective bargaining agreement,
  • During the completion of the Collective Bargaining Agreement, the rights of the employee and the employer and the resolution of disputes arising during the use of these rights,
  • Management of legal disputes arising from the interpretation of the Collective Bargaining Agreement,
  • Management of postponement, implementation and termination of strike and lockout processes,
  • Monitoring the processes of the Ministry, the Mediator and the Supreme Arbitration Board, and the Special Arbitrator,
  • The resolution process of all kinds of disputes arising from the Collective Bargaining Agreement and the follow-up of the said cases in case these disputes are brought to the judiciary,
  • Legal consultancy and advocacy services for reconciliation between the employer and the union in a union relationship,
  • Providing support for entitlement to union membership and determination of the expiration dates of union membership,
  • To ensure that the activities of the workplace union representatives are carried out within the framework of the Collective Bargaining Agreement,
  • Providing consultancy on the fate of the collective labor relationship in case of transfer of the workplace or a part of it,
  • After the signing of the Collective Bargaining Agreement, it works to eliminate the differences in interpretation that arise during the implementation of the agreement, to follow up the process that continues until the end of the effective date of the Collective Bargaining Agreement, and to provide all kinds of Legal Services that are required in order to provide solutions to legal questions and problems.