Trade Union Rights in Turkey
Trade Union Rights in Turkey
Turkey - Annual Survey of violations of trade union rights 2010
Full
trade union rights have yet to be established in Turkey.
There were improvements to the legal framework on freedom of
association, but the rights to organise, to strike and to
bargain collectively still need to be brought in line with
EU standards and ILO conventions. Unions are still being
thwarted in their organising efforts, and/or by massive
lay-offs of their members and dubious court cases and
arrests of their leaders. Strikers and peaceful
demonstrators faced excessive police
violence. Trade union rights in
law Restrictions on freedom of association:
The law recognises freedom of association for nationals and
foreign workers alike and the right to form a trade union,
but there are limitations. Sections 3(a) and 15 of Act
No. 4688, the Public Employees' Trade Unions Act (PETU),
deny several categories of public servants the right to
organise. Section 3(a) only admits those who are permanently
employed and have finished their trial periods. Section 15
lists a number of employees (such as lawyers, civilian civil
servants at the Ministry of National Defence and the Turkish
Armed Forces, employees at penal institutions, special
security personnel, public employees "in positions of
trust", presidents of universities and directors of higher
schools etc.) who are prohibited from joining trade unions.
This affects more than 450,000 public employees.
In April
2007 Act No.5620 was adopted amending section 3(a) of the
Public Employees Trade Unions Act with the effect that
personnel working under fixed-term contract are now entitled
to join public employees unions. This broadens the range of
public employees able to join a union but in no way brings
Turkish law into conformity with Convention 87 in terms of
the right of workers without distinction whatsoever to form
and join the organisations of their choosing. In May 2007
Act No. 5672 was adopted amending section 14(4) of the Trade
Union Act by lifting the requirement of 10 years employment
in order to enjoy eligibility for trade union office.
Bill No. 2821 (the Trade Unions Act) still contains
various detailed restrictions on the right to strike. Bill
no. 2822 (the Collective Agreements, Strike and Lockout Act)
abolishes the obligation for workers who want to join a
union to obtain a notary certificate, but not for those who
want to resign from it. They have to pay for this service.
Both bills will replace the existing legislation after
having been approved by the Turkish parliament. Until this
happens, candidates for union office still need to have ten
years seniority and must be Turkish citizens. No concrete
progress was made in 2008 concerning the adoption of these
new laws although the government had reported to the ILO (in
January 2008) that the adoption of new legislation was
scheduled for the first quarter of 2008. Unless dramatic
changes are made to the existing drafts, even when the bills
come into force Turkey’s relevant legislation will still
be in breach of ILO conventions 87 and 98. Activities
restricted: 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. The PETU also contains detailed
provisions regarding the activities and functioning of trade
unions, in breach of the principles of the right to
organise. If a union seriously contravenes the laws
governing its activities, it can be forced to suspend its
activities or enter into liquidation on the order of a
labour tribunal. Restrictions on collective bargaining:
To be recognised as a bargaining agent, a union must
represent at least 50% plus one of the workers within a
factory, and 10% of the workers within the relevant sector
nationwide. Only one union per enterprise, i.e. the largest
one, is authorised to conduct collective bargaining. The ILO
Committee on Freedom of Association's (CFA) recommendations
that Act No. 2822 be amended to bring it in line with basic
principles covering collective bargaining and the right to
strike have been followed in the new Bill, but this has yet
to be enacted. As far as the public sector is concerned,
the PETU does not mention the concept of collective
bargaining. Instead, it provides for what is called
"collective consultative talks". The PETU defines in detail
what these can cover, but the list is restricted to
financial issues, covering salaries and other allowances,
compensation and bonuses. This falls far short of the
definition of collective bargaining contained in ILO
Convention 98, and in practice leaves the power of decision
making with the government. Serious limitations on the
right to strike: There is still no formally recognised right
to strike for the public sector, despite a revision of the
PETU in 2005. The ILO has repeatedly stressed that sections
29 and 30 of Act No. 2822, concerning the right to strike,
are incompatible with the Convention. The ILO has recalled
that restrictions on the right to strike in the public
service depend solely on the actual tasks carried out by the
public employees concerned. These restrictions should
therefore be limited to public servants who exercise
authority on behalf of the state and those working in
essential services in the strict sense of the term.
Solidarity strikes, general strikes, go-slows and
workplace occupations continue to be banned. Severe
penalties, including imprisonment, are possible for
participation in strikes. Any strike that is not called by a
trade union executive body is banned. Strikes over the
non-observance of collective labour agreements are
forbidden. Where strikes are allowed, there is an
excessively long waiting period (nearly three months) from
the start of negotiations to the date when a strike can be
held, and the union must follow specific steps. Collective
bargaining must take place first. If there is a decision to
go ahead with strike action, the employer must be given at
least one week's notice. Employers are allowed to lock
striking workers out, but not to hire strike-breakers or use
administrative staff to do the jobs of the strikers. They
may not dismiss workers who encourage or take part in legal
strikes. It is prohibited to prevent raw materials
entering a factory or finished products leaving it, and to
prevent non-union members from working. 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". Should Bill No. 2821 be adopted, several
of these restrictions will be lifted, however other
restrictions will remain in place. Limited protection
against anti-union discrimination: The minimum number of
employees in a workplace needed for job security legislation
to apply is 30. As a result of subcontracting and fixed-term
contracts, about 95 per cent of workplaces have fewer than
30 employees. The fines that can be imposed on employers
who do not respect trade union rights are too small to be
dissuasive. However, the Civil Code has recently been
amended in order to change this. As the ruling party has an
absolute majority in the Turkish parliament, passing and
enacting the new Civil Code should be a formality. The fact
that this has still not happened shows that protection
against anti-union discrimination is still not a priority in
Turkey. Trade union rights in practice and
violations in 2008 Interference in union
affairs: As in previous years, the public sector federation
KESK reported interference by the public authorities in its
own and its affiliates' constitutions. The Ministry of
Labour and Social Security considered the use in the unions'
constitutions of terms like collective bargaining or the
right to strike to be violations of The Public Employees'
Trade Unions Law (PETU). Bargaining obstructed: Unions
report that the government manipulates membership figures or
claims there are irregularities in the figures in order to
deny them the right to collective bargaining. Obstruction by
employers is not adequately punished, even when a labour
court rules in favour of a union. Pressure to leave the
union: Many workers face discrimination because of their
trade union membership. Discriminatory measures and pressure
on workers to leave the union such as transfers to other
workplaces, often in other cities, continued to be a
problem. Excessive police violence against peaceful
protesters: On May Day, the Istanbul riot police used
disproportionate force against a union demonstration to
commemorate the 37 workers that were killed there by
unidentified gunmen in 1977. The demonstration had been
announced by ITUC affiliates KESK, DISK and TÜRK-Is, but
banned by the authorities. Subsequently DISK's headquarters
were literally besieged. The building itself was blocked so
that nobody could get in or out anymore. Although it was
full of people, it was inundated with tear gas. A young
woman, who had come out because she was experiencing serious
respiratory problems, was even hit on the head by the
police. A great number of people were injured, officials
from DISK- and KESK-affiliated unions were arrested and
mistreated by the police, and DISK and KESK union leaders
were prevented from moving to a safer place. On 17 July,
2,000 members of the ICEM-affiliated Belediye-Is (the
Municipal and General Workers' Union) marching on an office
building of the Istanbul Metropolitan Muncipality to hang a
banner announcing their legal strike were repelled by the
police. Trade unionists dismissed: Private sector
employers tend to ignore the law and frequently dismiss
workers, on a massive scale, for their union activities in
order to weaken or destroy unions. On 14 January, 32
members of Turkey's Hotel, Restaurant and Entertainment
Workers' Union TOLEY-Is were forced to resign from their
jobs by the BURFAS Bursa Park and Garden Social and Cultural
Services management. The same happened to 11 TOLEY-Is
members at the M.E.B. Directorate of Teachers' Guest Houses,
which falls under the Ministry of Education. In January,
five members of the Tobacco, Drink, Food and Allied Workers'
Union of Turkey (TEKGIDA-Is, an affiliate of TÜRK-Is) were
dismissed by the management of Gidasa Piyale in Bolu Hendek.
Also in January, eight TEKGIDA-Is members were dismissed
by Kaynak Sulari ve Turizm A.S. in Sakarya. After going to
court, only five of them were reinstated. The same month,
the Çaykur Enterprise management, which operates 52 plants
throughout the country, started forcing workers to join a
union known to be close to the government. 9,500 of the
14,000 or so workers at the company were members of
TEKGIDA-Is, which had been negotiating collective agreements
on their behalf for over 50 years. In blunt denial of these
facts, the Ministry of Labour stripped TEKGIDA-Is of its
collective bargaining rights, passing them on to the puppet
union. On 26 February, the ITUC protested to Prime
Minister Erdogan about the fact that the workers at the
Tuzla shipyards seeking to join a union encounter so many
obstacles that just 10% of them are affiliated to a union.
This is particularly alarming since in the eight months
prior to the ITUC's letter no fewer than 18 workers had died
at Tuzla's shipyards as a result of dangerous working
conditions and inadequate health and safety measures. In
March, 40 TEKGIDA-Is members were fired by LSG Sky Chefs
Aviation Services Co., which operates at the airports of
Ankara, Izmir, Antalya, Istanbul, Dalaman and Bodrum. In
August, six TEKGIDA-Is members were dismissed by cheese
manufacturer Bel Karper Peynir in Çorlu because of their
union membership. Also in August, five TEKGIDA-Is members
were dismissed at the Kirikkale plant of the Burgaz
Alcoholic Beverage Industry and Trade Company. After going
to court, they were all reinstated. In September, ten
workers at the Sivas-based Öncel Oil Company had joined
TARIM-Is (an affiliate of TÜRK-Is), which consequently
obtained collective bargaining status. The company
immediately dismissed the ten workers. At the Çannakale
Bayramiç plant of the Tahsildaroglu Dairy Products Industry
and Trade Company, ten TEKGIDA-Is union members were
dismissed. Immediately afterwards, the company started
outsourcing to subcontractors as a means of impeding the
union's organising efforts. In December 2007, the Yörsan
Alimentary Products Industry and Trade Company,
Susurluk-Balikesir, started dismissing workers affiliated to
TEKGIDA-Is. In all it fired 403 workers. In December 2008, a
judge ruled that all the workers must be reinstated or else
the company must pay 16 months’ wages in severance pay to
each worker. The company chose simply to pay the
compensation. Starting in January 2007, the Çelikle
Company in Çorum has consistently dismissed workers who
have joined the Türkiye Maden Isçileri Sendikasi
(Mineworkers' Union of Turkey). The management
systematically puts pressure on workers to leave the union
and fires those who refuse to do so. To date, a total of 50
workers have been dismissed. The national Car Workers'
Union, TÜMTIS, became the target of a campaign including
dismissals and armed violence against its members, arrests
based on false charges, detention without trial and
violation of the rights of the defence. In November 2007, 18
TÜMTIS leaders and members were apprehended. Seven of them,
all from the Ankara Branch leadership, were put in jail
until June without appearing in court. In April, 87 workers
from Çipa and Simsek Freight Services, both exclusive
subcontractors for Unilever, were fired because of their
TÜMTIS membership. Only 13 of them were reinstated
afterwards. On 1 June, 133 bus drivers in Bursa were
dismissed due to their TÜMTIS membership. In October, the
same happened to 256 bus drivers in Gaziantep. And at the
international port of Mersin, 60 TÜMTIS members were
dismissed by Akansel Transportation, a subcontractor for the
Akfen and Port of Singapore Authority Joint Venture.
Starting in December 2007, 126 workers at the Çarsamba
municipality in Samsun who were affiliated to Belediye-Is,
were dismissed and subsequently replaced by workers from a
pro-government union. A court ruling said they all had to be
reinstated, but the employer refused to do so. In July, 60
other Belediye-Is members were dismissed at the Çapa and
Cerrahpasa hospitals, both subsidiaries of the University
Hospital of Istanbul. In the course of the year, a total
of 116 workers, all of them affiliated to Turkey's
Cooperative and Office Workers' Union KOOP-Is, were
dismissed from Praktiker, Bauhaus, Ikea and Adese stores in
Istanbul, Ankara, Izmir, Adana, Gaziantep and Konya, because
they had participated in union activities. In October,
the KESK-affiliated teachers' union EGITIM-Sen, which has
appeared in our Survey for many consecutive years, had its
website blocked by the authorities. On 21 and 22 October,
the Denizli Branch of the union was attacked by the police,
which proceeded to confiscate a large number of documents.
The union was also prevented from using the clipboards
intended for trade union posters and announcements in most
public institutions, in particular the ministries of
Justice, Labour and Social Security, Health and Education,
which are held by the ruling party AKP. Furthermore, a great
number of EGITIM-Sen branch leaders and members have been
transferred to other posts, and often other cities, owing to
their participation in union activities. In the course of
2008, KESK noted an increasing targeting of its union
executives and branch leaders. Two presidents of affiliated
unions were dismissed from their posts as public servants:
the SES (Health and Social Services Employees' Union)
President, Bedriye Yorgun, and the DIVES President, Lokman
Özdemir. The most blatant case of dismissal of a trade
union leader took place in November, however, when Meryem
Öszögüt, Head of the SES's Legal and Women's Affairs
Department, was fired. Ms. Öszögüt had spent eight months
in jail simply for having attended a press conference
organised by her union at which the killing of another
female TU activist, Kevser Mizrak, was denounced. She had
been kept in detention based on trumped-up charges of
belonging to a "terrorist organisation". Eleven leading
members of KESK or its affiliates, including its former
President Hakki Tombul, former EGITIM-Sen President Alaaddin
Dinçer and former BTS President Fehmi Kutan, still risk
jail sentences as their court cases are still pending. These
cases were initiated after EGITIM-Sen's "Great Educators'
March" in November 2005. In total, 26 executive members
of both the KESK headquarters as well as several of its
branch offices were subjected to judicial enquiries.
Moreover, more than 600 of its members had to undergo
"disciplinary enquiries" for having taken part in trade
union activities. On 19 December, the management of
Sinter Metal Technologies, located in the Dudullu Organised
Industrial Zone, used false pretexts to fire 38 workers
involved in trade union activities. The following Monday, a
majority of the 470 workers employed there occupied the
plant and demanded their reinstatement. In response,
management dismissed all but 50 workers. On 23 December, the
police removed the occupants by force. At the Kalibre
Boru Sanayi Ve. Ticaret S.A. plant in Kocaeli, eight members
of the BIRLESIK trade union were dismissed on 15 December
2007. Later, 89 members of the union were forced to resign
from it following pressure and intimidation by the
management. The situation further escalated when, on 11
January, 50 workers were left with no other option than to
leave the union or lose their jobs. Subsequently, another 39
workers were forced to resign from the union. In April,
ITGLWF affiliate Teksif began an organising campaign at the
Venüs Giyim Sanayi ve Dis Ticaret A.S. factory in Düzce.
Some 25 workers were dismissed. Others were called into the
office, shown pictures of the workers and asked to identify
those who had attended union meetings. One worker was lured
into a manager's car at night and questioned for two hours
about his union activities. When he lodged a complaint, one
of the managers threatened he would never work in the town
again unless he signed the retraction that was dictated to
him. On 29 April, five workers were fired at the Desa
leather goods plant in Düzce. They were all members of
ITGLWF affiliate Türkiye Deri-Is Sendikasi, which had begun
organising workers at the factory earlier that month. On 30
April, after management had refused to meet with the union's
leaders, a group of leaders and members stood outside the
factory holding placards. Management called in the police
and all the protesters were detained for the day. From May
on, the company management started to put pressure on
workers to leave the union, by inviting speakers to the
factory, ranging from the General Manager to an army
colonel, who told them that "trade unionists are all Kurds,
why would you want to join them". Another 58 workers were
dismissed, and 53 were forced to resign from the union. In
July, Deri-Is took 38 cases to Düzce labour court. When the
employer claimed that it had no representation at the plant,
the union submitted its duly confirmed membership to the
court. These forms were then passed on to Desa's lawyer. The
company showed the forms to the workers, saying that their
union was selling their names to their employer. In
October 2007, ITGLWF affiliate Öz Iplik-Is had applied for
bargaining rights at the Ekoten Textile Company in Izmir.
Just prior to the union's application, the company fired 42
key union supporters. The workers were made to sign two
separate documents: one stating that they had been laid off
and the second stating that they were leaving voluntarily,
in which case they are not entitled to compensation. The
workers were told they would not receive compensation if
they did not sign both documents. The company then
immediately proceeded to replace those who had been
dismissed. On 7 February, the ITGLWF approached the company,
urging it to reinstate the workers and negotiate in good
faith with Öz Iplik-Is. The company denied the allegations,
saying many of the workers had debts and that it would be
doing them a disservice to deny them a means of paying off
their debts through being laid off with compensation. In
September, the ITGLWF wrote to the brands known to be
sourcing from the factory. Ekoten did not respond to a
request to organise a meeting.
ENDS
Very little real
progress has been made yet in bringing the country's
legislation on workers' and trade union rights into line
with international standards. Most changes are in draft form
only, in contrast to other areas of law that have been
changed with a view to Turkey's possible accession to the
European Union.
Full
trade union rights not yet established: The November 2008
edition of the European Commission's Progress Report on
Turkey's accession to the European Union found that the
establishment of full trade union rights remained
problematic. It mentioned reports about restrictions on the
exercise of existing trade union rights and dismissals due
to trade union membership, as well as the need for Turkey to
ensure that trade union rights are fully respected in line
with EU standards and the relevant ILO conventions, in
particular the rights to organise, to strike and to bargain
collectively. The percentage of the labour force covered by
collective agreements remains low.