The Union Density Issue in Turkey: Causes and Effects
![handle is hein.journals/cllpj38 and id is 63 raw text is:
THE UNION DENSITY ISSUE IN TURKEY: CAUSES
AND EFFECTS
Melda Surt
In most democracies, the emergence of strong trade unions has
contributed to social progress. Trade unions are an inseparable part of civil
society; the freedom to create and join unions, as well as to take part to union
activities is one of the fundamental rights universally recognized by
international conventions and many constitutions, Turkey included.' In this,
collective bargaining plays an important role and is rightly considered as an
integral part of the freedom to organize.
The 1LO Convention No. 98 concerning the Application of the
Principles of the Right to Organise and to Bargain Collectively2 provides
that:
Machinery appropriate to national conditions shall be established, where
necessary, for the purpose of ensuring respect for the right to organise as
defined in the preceding Articles.
Measures appropriate to national conditions shall be taken, where
necessary, to encourage and promote the full development and utilisation
of machinery for voluntary negotiation between employers or employers'
organisations and workers' organisations, with a view to the regulation of
terms and conditions of employment by means of collective agreements.3
This paper will first examine feeble union density and collective
agreement coverage in Turkey (Section I). The existing legal measures aimed
to protect and promote union membership and activities, coupled with the
system of authorization and coverage of collective agreements will then be
discussed (Section II). The study will end with a brief analysis of the effects
of the present system on union density and collective agreements coverage
and attempt to find ways to promote organizing and collective bargaining
(Section III).
t Professor of Labor Law, Faculty of Law, Dokuz Eyltil University, Izmir, Turkey.
melda.sur@deu.edu.tr.
1. The Turkish Constitution recognizes the right to form and join unions, the right to conclude
collective labor agreements and the right to strike. Law no. 2709, OFF. GAZETTE, November 9, 1982, No.
17863 bis at arts. 51-54 [CONsTITUTION] (Turk).
2. This was entered into force on July 18, 1951. This Convention has been ratified without delay
by Turkey, in August, 8, 1951, OFF. GAZETrE, Aug. 14, 1951, No. 7884 (Turk.).
3. Id. at arts. 3-4.
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The Union Density Issue in Turkey: Causes and Effects
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