Turkish Collective Labour Law

Collective labour law contains the procedural provisions that must be followed to achieve the rights which are gained as a result of long period of struggles in the history. Collective labour law is emerged after the bargains made between the states, employee's trade unions and employer's side. In short, it constitutes the principles, regulations and mechanisms on which all three sides of working life are agreed upon. This book consists of four main sections, considering the procedure followed in Turkish collective labour law studies. In the first section, development of collective labour law in Turkey and the international instruments related to the collective labour law are examined. Afterwards, the trade union law, collective labour agreements are studied in the following two sections. Lastly, labour struggle law is examined in the fourth section. This work primarily aims to overcome the deficiency of book written for various faculties on the collective labour law in English language. On the other hand, it aims to provide information on the Turkish collective labour law for foreign investors, whose numbers are increasing day by day, and foreign jurists who are interested in Turkish Law.(FROM THE FOREWORD)

TABLE OF CONTENTS

SECTION I
INTRODUCTION TO COLLECTIVE LABOUR LAW
I. DEVELOPMENT OF COLLECTIVE LABOUR LAW
II. RELATED PROVISIONS OF THE CONSTITUTION
III. INTERNATIONAL INSTRUMENTS ON THE RIGHT TO UNION AND COLLECTIVE BARGAINING
IV. GENERAL PRINCIPLES REGARDING JURISDICTION IN COLLECTIVE LABOUR LAW

SECTION II
TRADE UNION LAW
I. TRADE UNION FREEDOM
II. CONCEPT OF TRADE UNION AND ITS ELEMENTS
III. ESTABLISHMENT OF TRADE UNIONS
IV. ORGANS OF THE TRADE UNIONS AND CONFEDERATIONS
V. ACQUISITION OF MEMBERSHIP
VI. RIGHTS AND OBLIGATIONS ARISING FROM THE MEMBERSHIP
VII. SUSPENTION AND TERMIONATION OF MEMBERSHIP
VIII. ASSURANCE OF UNION ACTIVITIES AND MEMBERSHIP
IX. TRADE UNION OFFICIALS AND THEIR ASSURANCES
X. TRADE UNION REPRESENTATIVES AND THEIR ASSURANCES
XI. ORGANIZATIONS' CAPACITY TO SUE
XII. ACTIVITIES OF ORGANIZATIONS AND LIMITATIONS ON THEIR INCOMES AND EXPENDITURES
XIII. SUSPENSION OF ACTIVITIES, CLOSURE AND TERMINATION

SECTION III
COLLECTIVE LABOUR AGREEMENT LAW
I. DEFINITION AND SUBJECT OF THE COLLECTIVE LABOUR AGREEMENT
II. THE LEVEL AND TYPES OF COLLECTIVE LABOUR AGREEMENT
III. PARTIES OF THE COLLECTIVE LABOUR AGREEMENT AND CONCENPT OF AUTHORITY
IV. ACQUIRING THE AUTHORITY TO CONCLUDE COLLECTIVE LABOUR AGREEMENT (DETERMINATION OF AUTHORITY)
V. COLLECTIVE BARGAINING AND CONCLUSION OF A COLLECTIVE LABOUR AGREEMENT
VI. DURATION AND EXPIRATION OF A COLLECTIVE LABOUR AGREEMENT
VII. THE CHANGES OCCURRED DURING THE AUTHORISATION AND COLLECTIVE BARGAINING PROCESS OR AFTER THE SIGNATURE
VIII. SUBSEQUENT AMENDMENTS ON THE COLLECTIVE LABOR AGREEMENT
IX. THE EFFECT OF THE COLLECTIVE LABOUR AGREEMENT ON EMPLOYMENT CONTRACTS
X. ENJOYMENT OF COLLECTIVE LABOUR AGREEMENT
XI. EXTENSION OF COLLECTIVE LABOUR AGREEMENT
XII. RESULTS OF THE EXPIRY OF COLLECTIVE LABOUR AGREEMENT
XIII. MEDIATION IN CASE OF DISAGREEMENT AT THE END OF THE COLLECTIVE BARGAINING

SECTION IV
LABOUR STRUGGLE LAW
I. TYPES OF LABOUR DISPUTES
II. SETTLEMENT OF COLLECTIVE LABOUR DISPUTES BY STRIKE AND LOCKOUT
III. EFFECTS OF LEGAL STRIKE AND LOCKOUT ON EMPLOYMENT CONTRACTS
IV. ACTIONS AIMING TO DETER EMPLOYEES FROM JOINING THE STRIKE
V. EFFECTS OF THE ELAPSED TIME DURING LEGAL STRIKE AND LOCKOUT
VI. EFFECTS OF LEGAL STRIKE AND LOCKOUT ON HOUSING RIGHT
VII. PERFORMANCE OF MAINTENANCE WORKS DURING LEGAL STRIKE AND LOCKOUT
VIII. RESULTS OF THE LEGAL STRIKE AND LOCKOUT REGARDING THE AUTHORITY AND LIABILITIES OF TRADE UNION
IX. RESULTS OF LEGAL STRIKE AND LOCKOUT ON THE RELATIONSHIP BETWEEN THE TRADE UNION AND ITS MEMBER EMPLOYEES
X. RESULTS OF LEGAL STRIKE ON THE EMPLOYEES WHO HAVE NOT PARTICIPATED IN THE STRIKE
XI. RESULTS OF LEGAL STRIKE AND LOCKOUT ON THE FREEDOM OF LABOUR
XII. THE CONSEQUENCES OF LEGAL STRIKE AND LOCK OUT WITH REGARD TO SOCIAL SECURITY
XIII. ILLEGAL STRIKE AND ITS CONSEQUENCES
XIV. ILLEGAL LOCKOUT AND ITS CONSEQUENCES
XV. THE DECLARATORY LAWSUIT ON THE DETERMINATION WHETHER THE STRIKE OR LOCKOUT IS ILLEGAL
XVI. TERMINATION OF STRIKE AND LOCKOUT

BIBLIOGRAPHY
INDEX