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tiation and mediation process in the collective bargaining agreements
is re-regulated.
With these new regulations, unions are foreseen as an active party
in all the levels of collective bargaining. The ordinary mediation phase,
which used to consist of three methods, is reduced to one. However,
pursuant to the Law, the parties can still resort to voluntary reconcilia-
tion. The use of voluntary reconciliation and mediation has replaced
the private arbitrator mechanism, which was not used frequently, even
though was part of Turkish law. Thus, workload of the High Board of
Arbitration is reduced.
The matter of strike and lock-out, which was subject to the inter-
vention of the government frequently, is re-regulated. The lawful strike
and lock-out is re-defined in accordance with the Constitutional
amendments of 2010. The prohibition of strike is restricted.
Prohibitions of strike and lock-out are restricted by the essential pub-
lic services showing vital nature. With this Law, union rights and free-
doms, free collective bargaining right and the resolution of the labor
disputes are re-regulated in compliance with the universal principles.
Conclusion
Law No. 6356 was prepared in accordance with the norms set forth
by the European Union and The International Labor Organization and
in consideration of the structural problems of working life, as well as
criticisms in the doctrine. It abrogated Trade Union Law No. 2821 and
Collective Bargaining, Strike and Lock-out Law No. 2822. The Law
aims to regulate activities of the employee and employer’s unions and
confederations and it also aims to determine issues related to collective
labor agreements. The Law provides the establishment principles, the
organs, the revenues and auditing principles of the employee and
employer’s unions and confederations, sets provisions regarding the
membership to these organizations, provisions about the activities of
these union organizations and general principles of collective bargain-
ing agreement and strike and lock out; the running of confederations
and designates the issues related to collective labor agreements.
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