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Law of Trade Unions and Collective Bargaining Agreements
Has Entered into Force
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Att. Alper Uzun
Scope and Objective of the Law
The new Law No. 6356 on Trade Unions and Collective
Bargaining Agreements (the “Law”) was published in the Official
Gazette dated 07.11.2012 and entered into force upon publication. The
law regulates the procedures and principles regarding the establish-
ment, management, operation, inspection, running and organization of
employee and employer’s unions and confederations. The Law further
establishes the procedures and principles for entering into collective
bargaining agreements between employees and employers in order to
mutually determine their economic and social status and working con-
ditions and for settling disputes amicably and resorting to strike and
lock-out.
A new situation regarding the union rights and freedoms emerged
with the amendment made to the Turkish Constitution in 2010 with the
Law numbered 5982. As a result of these Constitutional amendments,
it became inevitable for the laws on the collective labor relations to be
re-evaluated in a more liberal manner.
The amendments that were made with a more liberal approach in
the articles have been rendered incoherent amongst the non-amended
articles of these statutes. In addition, since the partial amendments that
were made do not offer coherence, it could not succeed in the solution
of the problems encountered in practice. Therefore, the necessity to
legislate a long-termed law, which will take the labor relations
system a step further in accordance with the current concerns, and at
the same time which will bring substantial solutions to working life
has arisen.
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NEWSLETTER 2012
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Article of November 2012