Many restrictions on trade union rights

In EU the trade union movement constitutes an integral and indispensable part of civil society. Despite some modifications trade union rights are still very restricted in Turkey.


ILO Core Conventions / Ratified

98 Right to organize and collective bargaining (1949) / 1952

100 Equal remuneration 19519 / 1967

105 Abolitien of forced labour (1957) / 1961

111 Discrimination (1958) / 1967

87 Freedom om association and protection of the right to organize (1948) / 1993

29 Forced labour convention (1930) / 1998

138 Minimum age (1973) / 1998

182 Worst forms of child labour (1999) / 2001

As a result of subcontracting and fixed term contracts about 95 per cent of workplaces have fewer than 30 employees. In this situation the new Act increases the minimum number of employees in a workplace from 10 to 30.

The law recognises freedom of association and the right to form a trade union, with the exception of workers in the private security sector and seafarers. The limitations and restrictions outlined below, which have been present for many years, remain.

• Workers wanting to join or leave a trade union must have this recorded by a lawyer and must pay for this service.

• Candidates for union office must have worked for at least 10 years in the sector represented by the union and must be a Turkish citizen.

• Unions must obtain official permission to organise meetings or rallies, and must allow the police to attend their events and record the proceedings.

• Limited protection against anti-union discrimination

• Solidarity strikes, general strikes and go-slows are banned. Severe penalties, including imprisonment, are possible for participation in illegal strikes.

• The right to strike is prohibited in funeral parlours, the administration of cemeteries, the gas, oil, water and electricity industries, the public fire department, maritime transport, railways and urban public transport, banking and finance, health and public services.

• Collective bargaining is heavily restricted.

In the EPZs union organising and collective bargaining have been allowed in since August 2002.

The government has not consulted the unions over its privatisation programme which is opposed, owing to the heavy job losses entailed, by the Confederation of Turkish Real Trade Unions (HAK-ÍS), the Confederation of Turkish Trade Unions (TÜRK-ÍS), the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Servants' Trade Unions (KESK), amongst others.

In accordance with article 114 of the 2003 Labour Act, a Tripartite Commission for Consultation has been established, supposedly to develop good industrial relations, to study legislation and its implementation, and to safeguard effective consultation between the trade union confederations and public officers, employers and the government. It remains to be seen how this will work in practice.