Trade Unions Law, Collective Bargaining And Collective Labor Contract

The organization of employees in a workplace and their search for their wages and social rights under a single roof of an organization gave rise to the law of trade unions. Freedom of association is guaranteed by the constitution and relevant laws. Turkey has signed and maintains its validity in domestic law ILO (International Labor Organization) Convention on freedom of association are among the basic rights.

On the other hand, Article 23 of the Universal Declaration of Human Rights is specified as: “Everyone has the right to form and to join trade unions for the protection of his interests.”; Article 51 of the Constıtutıon Of The Republıc Of Turkey is specified as “Employees and employers have the right to form unions and higher organizations without prior permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and  social rights and the interests of their members in their labour relations. No one shall be forced to become a member of a union or to withdraw from membership.” In addition to these, it is a right absolutely recognized by Article 17 and 25 of the Law No. 6356 on Trade Unions and Collective Bargaining and ILO Convention No. 87 on Freedom of Association and the Protection of the Right to Organize.

As it can be seen, in addition to the need to respect this right, which is included in many legal regulations, the legal freedom of self-defense and the freedom to seek their own rights also comes into play for employers. Since the Collective Bargaining Agreement is a bilateral bargain and a contract, a reliable legal protection roof is needed at this point. As a result, it is natural that a balance must be struck between the employer and the union of the workers organized in the workplace. After all, Labor Law and Collective Bargaining Law is a balance law and it is clear that it has an economic aspect unlike many branches of law. This right which comes with the freedom to organize and seek rights for employees and which rises on the basis of the struggle for better working and living conditions, is also for the employer segment to protect the workplace, capital and work peace, create a productive and qualified workplace, more production, more employment and on the basis of more growth.

At this point, K&P Legal provides very important legal services on behalf of companies within the scope of the Law No. 6356 on Trade Unions and Collective Bargaining, because collective Bargaining requires a very serious experience and expertise. K&P Legal has been at the Collective Bargaining Agreement meetings for 30 years as the attorney of the contracting parties. In this context;

• Providing legal support from beginning to end during union organization phase

• Follow-up of the Union Authorization objection process, if necessary

• Rights of employees and employers during union organization and resolution of disputes arising during the use of these rights

• Starting and conducting collective bargaining, managing the process of ending in a healthy way, helping to revise the agreement on the basis of workplace, enterprise or group collective bargaining agreement

• Rights of employee and employer at the stage of completion of Collective Bargaining Agreement and resolution of disputes arising during the exercise of these rights

• Management of legal disputes arising from the interpretation of the Collective Labor Agreement

• Management of postponement, implementation and termination processes of strike and lockout processes

• Following the Ministry, Mediator and High Arbitration Board, Special Arbitrator processes

• The resolution process of all kinds of disputes arising from the Collective Bargaining Agreement and the follow-up of the aforementioned cases in case these disputes are brought to the judiciary

• Legal consultancy and advocacy services for the purpose of reconciling the employer and the union in a union relationship

• Supporting the qualification for union membership and determining the expiration dates of union membership

• To ensure that the activities of 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 the event of the transfer of the workplace or a part of it

• After the signing of the Collective Bargaining Agreement, it makes an effort to provide solutions to legal questions and problems in order to eliminate the interpretation differences that arise during the implementation of the agreement and to follow the process that continues until the end of the effective date of the Collective Bargaining Agreement and to ensure its proper execution.