Law of Unions

Trade Union Law is a special branch of law that regulates the formation of trade unions and their federations by workers and employers to protect and advance their common social rights and interests and to determine working conditions; it also governs the operation of these organizations, their relations with members, collective bargaining processes, methods for resolving disputes, and the exercise of rights such as strikes and lockouts. Its foundation is established by the Constitution and Law No. 6356 on Trade Unions and Collective Bargaining Agreements.

Basic Concepts and Elements

Trade Union: A legal entity formed by at least seven workers or employers who come together to operate in a specific occupational sector for the purpose of protecting and advancing their common economic and social rights and interests.

Federation: A legal entity formed by at least five trade unions from different occupational sectors coming together.

Organization: Refers to trade unions and federations.

Collective Bargaining Agreement: An agreement concluded between a workers’ trade union and an employers’ trade union or an employer who is not a member of a trade union, to regulate the conclusion, content, and termination of employment contracts.

Basic Elements of Trade Unions

Common Purpose: To protect and advance the common economic and social rights and interests of their members in employment relationships.

Freedom of Organization: Workers and employers may establish trade unions and federations without prior authorization. Trade unions acquire legal personality upon submitting the required documents and bylaws to the provincial governorship. The Ministry of Family, Labour and Social Services publicly announces the name, headquarters, and bylaws of the organization on its official website within fifteen days. Law No. 6356 has removed the requirements of literacy in Turkish, Turkish citizenship, and actual employment in the occupational sector for becoming a founder of a trade union.

Independence: Workers’ and employers’ organizations must be independent of each other, the state, political parties, religious institutions, and other specified organizations. They cannot be members of each other; they may not interfere in each other’s establishment, management, or activities; and they may not receive assistance or donations from each other (except for certain exceptions).

Special Legal Personality: Trade unions and federations possess legal personality.

Compliance with the Fundamental Characteristics of the Republic and Democratic Principles: The bylaws, management, and operations of trade unions and federations must not contradict the fundamental characteristics of the Republic and the principles of democracy.

Freedom of Trade Union Organization

This freedom is guaranteed both at the individual and collective levels.

Individual Freedom of Trade Union Organization

Positive Freedom of Trade Union Organization: Refers to the right of workers and employers to establish a trade union, join a trade union, and choose any trade union they wish. Individuals who have reached the age of fifteen and are considered workers may join workers’ trade unions. Employer representatives may also join employers’ trade unions.

Negative Freedom of Trade Union Organization: Means that no one may be compelled to join, remain in, or leave a trade union.

Collective Freedom of Trade Union Organization

Ensures the preservation of workers’ and employers’ organizations and their ability to operate. Workers may not be dismissed or subjected to different treatment because they participate in union activities or engage in union activities outside working hours.

Protection of Trade Union Freedom

The law provides various safeguards to protect trade union freedom:

Prohibition of Discrimination Between Unionized and Non-Unionized Workers: Employers may not discriminate between workers on the basis of union membership or non-membership in hiring, working conditions, or termination of employment.

Prohibition of Dismissal or Different Treatment Due to Union Activities: Workers may not be dismissed or subjected to different treatment because they are or are not members of a trade union or because they participate in union activities.

Union Compensation: If an employer engages in union discrimination, the worker is entitled to union compensation not less than one year’s wages. The worker may file a claim for reinstatement or directly claim union compensation. The burden of proving that the dismissal was based on a union-related reason lies with the employer; however, if the worker claims that the dismissal was not based on the employer’s stated reason, the worker must prove that it was union-related.

Criminal Safeguards: Anyone who uses force or threats to compel a person to join or not join a trade union shall be punished with imprisonment. Obstruction of trade union activities is also subject to criminal sanctions.

Protection of Workers’ Organization Officials: When a worker leaves their workplace due to serving as an official in a workers’ organization, their employment contract is suspended. If the official wishes, they may terminate their employment contract on the date of departure and become entitled to seniority compensation. Upon completion of their term, the official may apply to the employer for reassignment to their former position or to a suitable position under certain conditions.

Protection of Workplace Trade Union Representatives: An employer may not terminate the employment contract of a workplace trade union representative without a justified reason and without clearly and definitively stating the reason in writing. Without the representative’s written consent, their workplace may not be changed or their job substantially altered.

Trade Unionization by Occupational Sector

In Türkiye, trade unions operate within the occupational sector in which they are established. Multiple trade unions may be established within the same occupational sector, which relates to the principle of trade union plurality. Occupational sectors are listed in a schedule annexed to the law, and auxiliary activities carried out in a workplace are considered part of the main occupational sector. The Ministry determines the occupational sector to which a workplace belongs, and a lawsuit may be filed against this determination.

Types of Organizations and Conditions for Establishment

Trade Unions

Workers’ Trade Unions: Established by at least seven workers coming together to operate in a specific occupational sector. Natural or legal persons with legal capacity and who are actively employed have the right to establish a trade union (except those convicted of certain crimes).

Employers’ Trade Unions: Established by at least seven employers coming together to operate in a specific occupational sector. If the founder is a legal person, the natural person representing the legal entity must also meet certain conditions.

Federations

Federations are legal entities formed by at least five trade unions from different occupational sectors coming together. The establishment of federations is prohibited.

Organizations acquire legal personality by submitting their bylaws, along with their application, to the provincial governorship where their headquarters will be located. The bylaws must specify the organization’s name, headquarters, address, purpose, and the methods and subjects of activities to be pursued to achieve this purpose.

Trade Union Membership

Conditions: Individuals who have reached the age of fifteen and are considered workers may join workers’ trade unions. Those considered employers may join employers’ trade unions. One cannot be a member of more than one trade union in the same occupational sector at the same time (except for certain exceptions).

Acquisition: Membership is acquired electronically through the e-Government portal by submitting an application via the electronic system provided by the Ministry and receiving approval from the authorized body specified in the union’s bylaws. If the application is not rejected within thirty days, it is deemed accepted.

Rights and Obligations: Members have rights such as participation in union activities and management and use of union facilities, and obligations such as compliance with union regulations and payment of dues.

Termination: Membership automatically terminates upon loss of membership conditions, change of occupational sector, retirement (except for those continuing to work or serving as officials), death, disappearance, or dissolution of legal personality. A member may withdraw from membership by submitting a notification through the e-Government portal; withdrawal becomes effective one month after the notification date. A decision to expel a member is made by the general assembly, and an appeal may be filed with a court against such a decision.

Membership in Federations and International Organizations

Applications for membership in a federation require a decision by the general assembly. Organizations may establish, join, or withdraw from international workers’ and employers’ organizations in order to achieve the purposes specified in their bylaws.

Organizations may establish, join, or withdraw from international workers’ and employers’ organizations in order to achieve the purposes specified in their bylaws.

Operation of Organizations

Bodies

Mandatory Bodies: The general assembly, the board of directors, the audit committee, and the disciplinary committee.

General Assembly: The highest decision-making and oversight body, composed of members or delegates. The ordinary general assembly convenes at least once every four years. Its duties include electing bodies, amending bylaws, approving budgets, and deciding on dissolution.

Board of Directors: The executive body of the trade union.

Audit Committee: Conducts financial and administrative audits of the organization.

Disciplinary Committee: Makes decisions regarding members who violate the provisions of the bylaws.

Incomes and Expenditures

Incomes: Membership and solidarity dues, revenues from activities, donations, income from property, and gains from transfers. Financial assistance or donations may not be accepted from certain organizations or individuals.

Expenditures: Organizations may not use or donate their income for purposes other than those specified in the law and their bylaws (except for certain exceptions).

Activities and Prohibitions

Activities: Organizations may freely engage in activities specified in their bylaws. They represent workers and employers and may initiate lawsuits on behalf of their members. One of their most important activities is concluding collective bargaining agreements.

Prohibitions are as follows:

They may not engage in activities contrary to the fundamental characteristics of the Republic and democratic principles as stipulated in the Constitution.

They may not engage in activities outside the purposes defined in their bylaws. They may not use the names, emblems, or symbols of political parties.

Workers’ and employers’ organizations may not interfere in each other’s establishment, management, or activities.

They may not engage in commercial activities (except for certain investments). They may not distribute their income among members (except for strike assistance and educational aid).

Supervision, Dissolution, and Termination

Supervision: The supervision of organizations is carried out by their audit committees and sworn financial advisors. The State Audit Board and the Presidency may also conduct supervision.

Dissolution and Suspension of Activities: Organizations engaging in activities contrary to the fundamental characteristics of the Republic and democratic principles as stipulated in the Constitution may be dissolved by court order. A dissolution order may also be issued if violations of the law are not remedied. The court may order the suspension of an organization’s activities during judicial proceedings.

Automatic Termination: An organization terminates automatically upon achievement or impossibility of its purpose, failure to hold its first general assembly, or insolvency in debt repayment.

Dissolution: An organization may be dissolved by decision of the general assembly.

Dissolution by Court Order: An organization may be dissolved by court order.

Consequences of Termination: The assets of a dissolved trade union with terminated legal personality may be transferred to another organization of the same type, to a federation, or to the Unemployment Insurance Fund, in accordance with the bylaws or by decision of the general assembly.

International Dimension

Türkiye has been a member of the International Labour Organization (ILO) since 1932. The ILO’s fundamental conventions, including Convention No. 87 on Freedom of Association and Protection of the Right to Organise and Convention No. 98 on the Right to Organise and Collective Bargaining, have been ratified by Türkiye. According to Article 90 of the Constitution, international agreements duly entered into force have the force of law, and in cases where international agreements and domestic laws contain conflicting provisions on fundamental rights and freedoms, the provisions of the international agreement prevail. Law No. 6356 includes provisions aimed at aligning trade union freedoms with ILO and EU standards and removing restrictive elements in trade union activities.