09.03.2021

Prepared by: Serhan Akyıldırım, Ahsen Sadıkoğlu

As per the Constitutional Court's Norm Review Decision published in the Official Gazette on 3 March 2021, the phrase "Requests made before the signature date shall be effective as of the signature date" in paragraph (4) of Article 39 of the Law on Trade Unions and Collective LabourAgreements has been cancelled.

Paragraph (4) of Article 39 of the Law No. 6356 on Trade Unions and Collective LabourAgreements, which was cancelled by the Constitutional Court's Norm Review Decision No. 2020/83;

"Those who are not members of the trade union that is a party to the collective labour agreement at the time of the signature of the collective labour agreement, those who enter the workplace later but do not become members, or those who are members of the trade union that is a party to the collective labour agreement at the time of the signature but leave or are dismissed, may benefit from the collective labour agreement provided that they pay a solidarity fee to the trade union that is a party to the collective labour agreement. The approval of the trade union is not required for this.

Benefiting from the collective labour agreement by paying a solidarity fee is valid from the date of the request. Requests before the signature date shall be effective as of the signature date."

The cancelled rule stipulated that the requests of non-union workers who wish to benefit from the collective labour agreement by paying a solidarity fee before the signature date shall be effective as of the signature date.

CONCLUSION

In accordance with the provision of the law cancelled by the Constitutional Court;

Workers who were not members of the union that was a party to the collective labour agreement, but who wished to benefit from the collective labour agreement by paying solidarity dues, could not benefit from the monetary rights of the periods during which the authorisation and collective labour agreement preparation, negotiation and bargaining processes were ongoing. This provision was cancelled by the Constitutional Court as it disrupted the balance between union and non-union members and forced workers to become union members in order to benefit from retroactive monetary rights.

With the cancelled provision, it has become possible for workers who are not union members as of 03.03.2021 and who wish to benefit from the collective labour agreement to benefit from the provisions granting retroactive monetary rights by paying solidarity fees during the periods when the authorisation and collective labour agreement preparation, negotiation and bargaining processes are ongoing.