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The Reforms Brought by the Law
The Law re-regulates union rights and freedoms, right of collective
bargaining and free labor negotiations by taking into account interna-
tional norms and on the basis of principles of a liberal and democratic
society. In preparing the Law, the European Union and International
Labor Union “ILO” norms, the structural problems of the working life,
the judicial precedents and criticisms in the doctrine, were taken into
consideration.
The union rights and freedoms, free collective bargaining and the
resolution ways of the collective bargaining disputes have played a sig-
nificant role in the relations between Turkey and ILO from 1932 when
Turkey became a member to ILO, until today. The union rights and
freedoms and the process of liberated collective bargaining are re-reg-
ulated under the Law by taking into account the ILO Convention No.
87 and 98. The issues of establishment of a union, membership to a
union, being a manager in the union, union assurances, union activi-
ties, the operation and inspection of unions, free collective bargaining,
the solution of labor disputes and level of collective bargaining agree-
ments are regulated in parallel with the Conventions No 89 and 97.
Within the Law, many provisions of the Revised European Social
Charter are taken into consideration including mainly Article 5 on the
right to organize and Article 6 on the right to bargain collectively and
to strike.
Framework contract and group collective bargaining agreements
are defined for the first time with this Law. The Law regulates the
establishment, organs, activities and operation of trade unions in addi-
tion to collective labor bargaining agreements level, free collective bar-
gaining, resolution of labor disputes and signing of collective bargain-
ing agreements.
In accordance with the Convention No. 87 which provides a liber-
al internal-organization for unions, the Law has given unions priority
in the regulation of the establishment and organization of their activi-
ties. In this regard, numerous points will be regulated under bylaws of
the unions.
The number of line of businesses is reduced and re-regulated pur-
suant to world-wide practices. The determination of line of businesses
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