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Güneş & Güneş · Legal services

Trade Union and Collective Labor Law

Union rights, authority determination and collective bargaining: advice, negotiation and litigation. Legal assessment at every stage, from the agreement to its application.

From Union Rights to the Application of the Collective Labor Agreement

Trade union law governs organizing, membership, union safeguards and collective labor relations. A collective labor agreement (TİS) is the written agreement that sets working conditions and mutual obligations between the authorized workers’ union and an employers’ union or an employer that is not a member of a union. The stages of formation, authority, negotiation and litigation are linked to one another; each stage has its own documents and time limits.

Güneş & Güneş Law Firm provides advice, collective bargaining, drafting of agreements, litigation and implementation of decisions for workers’ and employers’ unions, confederations, members, representatives, employers and enterprises. The processes of public servants’ unions are handled within their own special legislation. Before an engagement is accepted, conflicts of interest are checked; parties on opposite sides of the same dispute are not represented jointly.

Formation and union management

Formation, bylaws, general assembly, delegate elections, decisions of organs and property transactions.

Formation and management services

Industry and authority determination

The workplace–enterprise distinction, majority calculation, the Ministry’s determination and actions objecting to the authority determination (yetki tespiti).

Authority and objection processes

Collective labor agreement and negotiation

From wages and fringe benefits to the work regime: preparation, negotiation, interpretation and application of the collective labor agreement.

Collective bargaining services

Union-related dismissal and safeguards

Discrimination, reinstatement, union-related compensation; safeguards for representatives and officers.

Rights and litigation options

Strikes, lockouts and disputes

Official mediation, strike vote, implementation calendar, bans and the arbitration board.

Collective dispute services

Routes of Application and Time-Limit Distinctions in Union Disputes

Our first question is whether the dispute concerns the application of an existing right or the formation of a new collective agreement. Whether the party is a worker, employer, union, representative or public servant changes the route to be followed.

On a narrow screen, you can scroll the table horizontally to see the other columns.

SubjectLegal routeKey distinction
Industry (işkolu) determinationThe Ministry’s determination decision; publication in the Official Gazette (Resmî Gazete) and objection before the labor court.An industry action differs from an objection to the authority determination. Its effect on an authority process already begun is assessed under Law No. 6356 Art. 5.
Authority determination for a collective labor agreementWorker, member and workplace records on the date of application; positive or negative determination and objection to the authority determination.The industry threshold, the workplace majority and the enterprise majority are separate conditions.
Dispute over a new collective labor agreementCollective negotiation, dispute notification and official mediation under Law No. 6356.Bargaining for new rights differs from collecting an existing wage claim.
Individual claim arising from a collective labor agreementDepending on the nature of the claim, mediation as a condition precedent to litigation under Law No. 7036 and an action before the labor court.An interpretation action, a dues claim and a worker’s action for performance are not subject to the same parties and procedural rules.
Union-related dismissal and representative safeguardsUnion ground, reinstatement and compensation; special safeguard review for a representative.The representative’s action under Law No. 6356 Art. 24 is not confused with the route under Art. 25 and Law No. 4857 Art. 20.
A public servant’s union disputeMembership, service branch and collective agreement under Law No. 4688; the judicial route depends on the administrative act.A public-sector worker and a civil servant are not under the same regime. The High Arbitration Board (Yüksek Hakem Kurulu) and the Public Servants Arbitration Board (Kamu Görevlileri Hakem Kurulu) are different.

Six business days and fifteen days are not the same period

  • Objection to the authority determination: six business days from notification of the determination letter under Law No. 6356 Art. 43. Registration of the petition with the competent authority, concrete evidence and the correct parties are checked separately.
  • Objection to the industry determination: fifteen days from publication of the decision in the Official Gazette under Law No. 6356 Art. 5.
  • Call for collective negotiation: fifteen days from receipt of the authority certificate under Law No. 6356 Art. 46; if no call is made, the authority certificate loses its effect.

This list does not cover all time limits. A file-specific calendar is prepared from notification, electronic notice, announcement and official holiday records. A consultation request does not stop time limits; it does not replace a legal filing.

If a dismissal, election or strike calendar has begun, mention it in your first contact

The dismissal of a representative, a general assembly and delegate election, a strike vote, a postponement decision, unauthorized access to a membership record, or a need for an interim measure concerning the union’s accounts are assessed first. Preserve the dismissal notice, decisions and notification documents unchanged. Reporting an urgent situation does not by itself mean that the matter has been accepted or that any action has been suspended.

Our Approach

We do not assess collective labor law files on the basis of the agreement text alone. The intent to join the union, the actual organization of the workplace, employee records, notifications and prior practice are considered together. At the start of the file, it is clarified how an objection to authority affects collective bargaining, how a provision of a collective labor agreement affects payroll, or how a disciplinary decision affects the right to organize.

Matters that can be negotiated, mandatory rules and claims that require litigation are separated. The rights of the represented party are protected within professional independence and confidentiality. Throughout the process, necessary decisions, important developments and approaching dates are communicated to the client in an understandable way.

01

Party and bargaining unit

The worker–public servant distinction, industry, workplace, enterprise and status as representative are determined.

02

Notification and action calendar

Call, announcement, objection and meeting dates are recorded, distinguishing business days from calendar days.

03

Comparison of records and evidence

Membership, Social Security Institution (SGK), payroll, registry, general assembly and negotiation documents are reviewed together.

04

Legal and financial impact

The effect on wages, fringe benefits, the work regime and agreement provisions is assessed, where necessary with an authorized financial expert.

05

Negotiation and judicial representation

Demands, statutory limits and options are explained; negotiations, filings and the litigation process are planned.

06

Application and follow-up

The signed collective labor agreement or decision is followed up with regard to payroll, dues, representation and workplace procedures.

Our Trade Union and Collective Labor Law Service Topics

You can review our formation, agreement, safeguard and litigation services under the headings below. Open the relevant heading to view its detailed scope. The differing rules of Law No. 6356 for workers’ unions and of Law No. 4688 for public servants’ unions are taken into account.

Formation, bylaws and institutional management

Formation of unions and confederations

Although unions may be formed without prior permission, the qualifications of the founders, the place of formation, the industry in which the union will operate, the bylaws and the mandatory documents should be prepared in compliance with the legislation. Deficiencies in the formation file may turn into problems of representation, membership, general assembly or authority at later stages of organizing.

  • Determining the formation model of a workers’ or employers’ union
  • Assessing the statutory conditions and duties of the founders
  • Preparing the founding bylaws, the founders’ declaration and the necessary documents
  • Regulating the union’s name, seat, industry, purpose and field of activity
  • Establishing the duties, powers, election and working procedures of the mandatory organs
  • Planning the structure of union branches, regional representation and workplace organization
  • Confederation formation and membership processes
  • Notifications to the relevant governorate and to the Ministry of Labor and Social Security
  • Administrative or judicial processes concerning deficiencies in the formation documents

When formation procedures are carried out, the industry in which the union will later conclude collective labor agreements, the dues system, the branch structure, preparations for a digital general assembly, personal data flows and signing authorities should be considered together.

Under Law No. 6356, a union requires at least seven workers or employers, and a confederation requires at least five unions in different industries. Submission of the formation documents to the governorate, legal personality and the review of statutory deficiencies are distinct from one another. Preparing documents digitally does not replace the election and meeting procedures in the law.

Preparing and amending union bylaws

The bylaws are not merely the founding document of the union; they are the basic legal text of its internal functioning, from membership and financial management to elections and disciplinary processes. General provisions that merely repeat the law do not by themselves resolve the problems of authority and procedure that arise in practice.

  • Regulating membership, withdrawal, expulsion and the rights arising from membership
  • The structure of the general assembly, executive board, supervisory board and disciplinary board
  • Delegate elections, call, agenda, meetings and decision quorums
  • Establishing and closing branches and the powers of branch organs
  • Representation, signature, expenditure, borrowing and immovable property transactions
  • Principles of the dues, solidarity, education, strike and social aid funds
  • Provisions on officers’ pay, allowances, travel expenses and return to duty
  • Disciplinary offenses, the right of defense, sanctions and the objection mechanism
  • General assembly and notification processes for bylaw amendments
  • Revising old provisions that conflict with the law or the organization’s needs

General assembly, delegate and election processes

The general assembly is the highest decision-making organ of the union with respect to management, supervision, budget, bylaws and relations with the higher organization. Procedural errors, from the call to the delegate list and from the agenda to the election board, may lead to the annulment of the general assembly or of specific decisions.

  • Preparing the calendar of ordinary and extraordinary general assemblies
  • Delegate election procedure and review of delegate lists
  • Checking the call, announcement, agenda, venue and time conditions
  • Election board and election procedures under judicial supervision
  • Presiding board, attendance list, minutes and decision texts
  • Bylaw amendments, budget, release (ibra), immovable property and higher-organization decisions
  • Notification of election results and changes of organs
  • Actions for annulment of the general assembly and of delegate elections
  • Assessing situations in which a curator (kayyım) or interim management is claimed to be necessary
  • Extraordinary general assembly requests and routes available when management does not make the call

An objection to the general assembly election is not the same filing as the annulment of a delegate election held outside the general assembly or of a general assembly decision. Judicial supervision, the two-day objection and other special time limits under Law No. 6356 Art. 15–16 are checked according to the type of act.

Union organs, officers and internal governance

Union officers should exercise their powers arising from the bylaws, general assembly decisions, the budget and the law in line with the purpose of the organization. Uncertainty in the authority to represent and to spend may give rise to debate on both institutional and personal liability.

  • Preparing and legally reviewing executive board decisions
  • Arranging the division of duties, representation and signing powers
  • Limits of authority between branch and central organs
  • Departure of an officer from office, removal from office or end of membership
  • Acts contrary to the bylaws and general assembly decisions
  • Legal and criminal liability risks of organ members
  • Conflicts of interest, related-party transactions and ethical rules
  • Internal complaint and dispute resolution mechanisms of the union
  • Officers’ safeguards and return-to-workplace processes

Union financial transactions, audit and assets

The union’s income and expenses, budget, dues, funds, immovable property, aid and expenditures should be managed in a manner consistent with the bylaws and legislation, traceable and based on decisions of the competent organ.

  • Arrangements on budget and spending authority
  • Recording and collection of membership and solidarity dues
  • Principles for using strike and social aid funds
  • Movable and immovable property, leasing and investment transactions
  • Donations, aid and international fund relations
  • Internal audit and supervisory board processes
  • Legal review of ledgers, records and documents
  • Public oversight, information requests and administrative sanctions
  • Officer liability and claims of loss
  • Assets and liquidation in the event of dissolution or termination

The review of financial statements, tax, independent audit or accounting is carried out by authorized financial advisers (mali müşavir) and auditors; the legal compliance and liability aspects are assessed by attorneys.

Membership, representation and union safeguards

Union membership, withdrawal and expulsion

Membership of a workers’ or employers’ union is tied to the relevant legislation and to transactions carried out through the electronic system. The start of membership, the date on which withdrawal takes effect, a change of industry and the expulsion decision matter with respect to dues, representation, delegates and benefit from the collective labor agreement.

  • Membership application and determining the date membership is acquired
  • Review of electronic membership and withdrawal records
  • Problems of the same industry, change of industry and simultaneous membership
  • Authority, grounds, defense and objection in an expulsion decision
  • Effect of unemployment, retirement, change of industry or change of employer on membership
  • Allegations of errors, forged transactions or unauthorized access in membership records
  • Disputes concerning member and delegate lists
  • Confidentiality of membership information and protection of personal data
  • Pressure, discrimination or termination of the employment contract because of membership

Giving the e-Devlet password to third parties or carrying out transactions on behalf of another person in membership procedures creates serious legal and security risks. The intent to join should be free and transaction records should be properly preserved.

Law No. 6356 Art. 17–19 separately regulate the consequence of not rejecting a membership application within thirty days, the rule that withdrawal takes effect one month after notification, and objection to an expulsion decision within thirty days. Membership continues until the general assembly’s expulsion decision becomes final. For public servants, the separate procedure in Law No. 4688 applies.

Membership and solidarity dues

The amount of dues, the method of collection, the deduction list, the start and end of membership, and the date from which benefit from the collective labor agreement begins by paying solidarity dues should be kept distinct from one another.

  • Setting membership dues in the bylaws
  • Deduction from wages by the employer and payment to the union
  • Resolving differences between the member list and the deduction list
  • Claims for missing, late or never transferred dues
  • Interest, statute of limitations and the evidentiary weight of records
  • Solidarity dues demand and benefit from the collective labor agreement
  • Stopping the deduction when membership or coverage by the collective labor agreement ends
  • Effect of inter-union membership disputes on dues
  • Protecting dues data with regard to the Personal Data Protection Law (KVKK) and confidentiality

Under Law No. 6356 Art. 18, failure to make the dues deduction that is required to be made at the written request of the authorized workers’ union, or failure to transfer the deducted dues within one month, may give rise to the interest liability regulated by the law. The basis of membership dues and of solidarity dues, and the request to benefit, are recorded separately.

Discrimination on trade union grounds, dismissal on trade union grounds and union-related compensation

Treating a worker differently because the worker joined or did not join a union, left a union, took part in union activity or preferred a particular union impairs freedom of association. In a dispute, the timing of the dismissal, the reason put forward by the employer, comparable employees and the organizing process at the workplace are examined together.

  • A condition of union membership or non-membership at hiring
  • Discrimination in pay, shifts, duties, promotion and working conditions
  • Dismissals during a period of union organizing
  • Comparing union members with employees who are not members
  • Reviewing a defense based on performance, downsizing, discipline or an operational decision
  • Assessing dismissal lists, timing, new hires and witness accounts
  • Reinstatement and union-related compensation claims
  • Discrimination other than dismissal, and compensation
  • Documenting interference with organizing from the union’s perspective
  • Establishing lawful decision-making processes and objective criteria from the employer’s perspective

An allegation of a union ground is not deemed proven merely by the worker’s union membership; likewise, the employer’s reason for the dismissal or differential treatment is not accepted on a bare written statement. The evidence, the chronology of events and groups of comparable employees are assessed as a whole.

Law No. 6356 Art. 25 contains a criterion of not less than one year’s wages for union-related compensation (sendikal tazminat); the amount cannot be guaranteed before the file is seen. The rules of proof for dismissal and for discrimination other than dismissal are different. Outside dismissal, where the worker presents a situation that strongly indicates discrimination, this affects the employer’s burden of proving the reason for its conduct.

In a reinstatement claim under the Law No. 4857 Art. 20 route, a time limit of one month to apply to the mediator runs from notification of the dismissal notice; if no agreement is reached, a time limit of two weeks to file the lawsuit runs from the final record. Union-related compensation, compensation for non-reinstatement and claims for pay for the period without work (boşta geçen süre) are separated with regard to double recovery and special conditions.

Safeguards for workplace union representatives and union officers

The safeguards of a workplace union representative and of a union officer may include provisions different from general job security. A representative’s change of workplace or job, dismissal, departure because of holding office, and requests to return to duty should be examined specifically.

  • Appointment of the workplace union representative and notification to the employer
  • Number of representatives and the term of the representation duty
  • A change in the representative’s duty or workplace
  • Just cause for dismissal and review of the special procedure
  • Reinstatement, pay and other statutory consequences
  • Options for an officer to suspend or terminate the employment contract
  • Application to return to work when the officer’s term ends
  • An officer’s claims for seniority, pay and social rights
  • Balancing representation activity with workplace order

A workplace union representative’s workplace cannot be changed, nor can the job be materially altered, without the representative’s written consent; a contrary change is invalid under Law No. 6356 Art. 24/4. For dismissal of a representative, Art. 24 provides a special one-month time limit for bringing an action. This action is not automatically treated as the same as the route for dismissal on trade union grounds under Art. 25 and Law No. 4857 Art. 20; the basis of the claim and the mediation requirement are determined separately.

Union disciplinary actions and membership disputes

The union’s internal disciplinary power should be exercised in accordance with the principles of defined offenses in the bylaws, a competent board, the right of defense, reasoning and proportionality.

  • Opening a disciplinary investigation and collecting evidence
  • Notifying the member of the allegation and the right of defense
  • Authority and impartiality of the disciplinary board
  • Warning, temporary loss of rights and expulsion from membership
  • Reasoning of the decision, its notification and the internal objection route
  • Protection of the general assembly’s authority in expulsion from membership under Law No. 6356
  • Judicial route against an expulsion decision
  • Risks to personality rights, reputation and personal data

Industry, authority and collective bargaining

Industry determination and the nature of the workplace and the enterprise

At the basis of authority to conclude a collective labor agreement lies the correct determination of the industry and of the collective labor agreement unit. The SGK workplace code or the description of activity in the trade registry may not be sufficient on its own; the main work actually carried out at the workplace, auxiliary work, dependent premises and the organization of the work are assessed together.

  • Examining the workplace’s actual activity and organizational structure
  • Assessing main work, auxiliary work and unity of technological purpose
  • Scope of an enterprise collective labor agreement for workplaces belonging to the same employer
  • Analysis of structures involving a group, a subcontracting employer, a shared service or different SGK registries
  • Applying to the Ministry for an industry determination and following the process
  • Action objecting to the industry determination decision
  • Effect of a change of industry on existing membership and authority processes
  • Allegations of sham or artificial splitting of a workplace
  • Industry consequences of merger, transfer, closure and restructuring

An action to determine the industry and an action objecting to the authority determination are not the same dispute. The timing of the filing and its effect on an existing authority process should be examined separately.

Authority determination for a collective labor agreement

Authority determination is a critical stage for collective bargaining to be able to begin. A workers’ union needs to satisfy the industry threshold together with the workplace or enterprise majority. The assessment based on more than half of the workers employed at the workplace on the date of application, and on forty percent in an enterprise, is open to disputes over records and scope.

  • Determining the date of application and the industry statistics in force
  • Assessing the one percent requirement in the industry
  • Calculating the workplace majority and the enterprise majority separately
  • Reviewing the number of workers and members employed on the date of application
  • Effect of records on subcontracting employers, temporary agency employment, suspension, unpaid leave and departure
  • Workplaces that should be included in or excluded from the enterprise
  • Application for a positive or negative authority determination
  • Documenting differences between Ministry records and the actual situation
  • Obtaining the authority certificate and the subsequent collective bargaining calendar

According to the Ministry of Labor and Social Security’s July 2026 data, 2,432,789 of 17,630,475 workers in Türkiye are union members; of the 246 workers’ unions published, 60 have exceeded the one percent industry threshold. Because these data are periodic, the official statistics valid on the date of the transaction should be used in an authority application.

In the authority calculation, the criteria of a one percent industry threshold, more than half of the members at a workplace and forty percent in an enterprise are not confused. Where more than one union reaches forty percent in an enterprise, the highest number of members on the date of application is taken into account. The time limit for objecting to the statistics and the jurisdiction of the Ankara Labor Court are separate from an individual objection to the authority determination.

Actions objecting to the authority determination

An objection to a positive or negative authority determination is not limited to the majority calculation. The industry, the workplace and enterprise scope, the employee list, the date of membership, an allegation of sham and the accuracy of Ministry records may affect the outcome of the case.

  • Determining the date of notification of the determination letter and the six-business-day period
  • Identifying the labor court with subject-matter and territorial jurisdiction
  • Identifying the status of the parties and the necessary respondents
  • Comparing worker, member, SGK registry and workplace records
  • Investigating all workplaces within the enterprise
  • Related disputes concerning industry statistics or the industry determination
  • Effect of the objection on authority procedures and the collective bargaining calendar
  • Following the appeal and Court of Cassation appeal processes
  • Procedural requests against delays in proceedings that could render the right to organize ineffective

The Constitutional Court (Anayasa Mahkemesi) emphasizes that the short trial periods provided in Law No. 6356 for authority disputes aim to ensure rapid and effective exercise of the right to organize, and that letting these cases drag on may violate the right to organize. For this reason, not only the outcome of the file but also its being concluded promptly matters for the right to collective bargaining.

With regard to Law No. 6356 Art. 43/2–3, registration of the petition with the competent authority and indicating concrete evidence in the petition or its annexes are critical procedural steps. Under Art. 43/5 of the Law, an objection suspends the authority procedures until the decision becomes final. This effect does not justify a baseless objection made merely to gain time.

Call for collective negotiation and the collective bargaining calendar

Obtaining the authority certificate does not in itself conclude a collective labor agreement. The call, notice of place and time, minutes of meetings, comparison of proposals and observance of the statutory calendar are required.

  • The call for collective negotiation after the authority certificate
  • Making the call on time and in a provable manner
  • Setting the place, day and time of the first meeting
  • Collective negotiation delegation and signing powers
  • Minutes of meetings and recording of the articles on which agreement is reached
  • Proposal, counterproposal and financial impact tables
  • Information sharing, confidentiality and personal data limits
  • Statutory duration of collective negotiation and the dispute record
  • Preventing acts or inaction that could lead to loss of authority

After the authority certificate, fifteen days are provided for the call; after notification of the call, six business days to agree on place, day and time. If the workers’ union does not attend the first meeting or does not begin negotiations within thirty days of the call, it loses its authority. The sixty-day negotiation period starts from the first meeting; these periods are not calculated from a single starting date.

Preparing and negotiating the collective labor agreement

A collective labor agreement is not merely a document that sets wage increases. Besides normative provisions on the formation, content and termination of employment contracts, it may also regulate the parties’ mutual rights and obligations, the application and supervision of the agreement, and dispute resolution.

  • Reviewing the existing collective labor agreement, workplace practice and individual contracts
  • Provisions on wages, seniority, bonuses, premiums, shifts and social benefits
  • Working time, overtime, weekly rest, annual leave and excused leave
  • Job classification, titles, wage groups and seniority steps
  • Appointment, transfer, change of duty and disciplinary processes
  • Job security, dismissal board and defense mechanisms
  • Arrangements on subcontracting employers, temporary workers and new workplaces
  • Provisions on occupational health and safety, training and social policy
  • Union representatives, notice board, workplace access and union leave
  • Dues deduction, joint board of the parties and dispute resolution
  • Entry into force, term, aftereffect (art etki), transitional articles and preservation of prior rights
  • Assessing the enterprise’s financial sustainability and workers’ rights within the legal framework

Collective labor agreements are made in writing and concluded within the statutory time limits. If the scope, entry into force and benefit provisions in the text are unclear, long-running claim disputes may arise between different groups of employees at the same workplace.

Filing the signed agreement with the competent authority and its announcement at the workplace are followed up separately. Transmission to the Ministry is not presented as a general “Ministry approval” requirement for the formation of the agreement. The article text, financial calculation and implementation instruction should be consistent with one another.

Scope, application and litigation of the collective labor agreement

Out-of-scope personnel and benefit from the collective labor agreement

Excluding managers, white-collar workers or employees with certain titles from the scope cannot be based solely on the title given by the employer or on an established workplace practice. The employee’s actual duties, status as employer’s representative, the collective labor agreement provision and the effect of the distinction on the right to organize are examined together.

  • Legal review of an out-of-scope personnel provision
  • The difference between title and the work actually performed
  • Distinguishing an employer’s representative or an employee who manages the enterprise as a whole
  • Start and end dates of benefit from the collective labor agreement
  • Those who are members on the date of signature and later membership
  • Benefit through solidarity dues
  • Effect of the end of membership or a change of workplace
  • Extension (teşmil) and cases with the written consent of the party union
  • Wage and fringe-benefit claims arising from exclusion from scope

In its 2025 Hülya Şimşek decision, the Constitutional Court stated that the effect on the right to organize of a judicial assessment about not allowing a white-collar employee to benefit from the collective labor agreement needs to be examined with relevant and sufficient reasoning.

No approval of the party union is required for benefit through solidarity dues. The former sentence providing that a request made before signature takes effect only on the date of signature was annulled by the Constitutional Court (AYM) decision of December 30, 2020, E.2020/57, K.2020/83. The date of the request, entry into force, employment and membership are examined together under the current Art. 39.

Application of the collective labor agreement and interpretation actions

Disputes in the application of collective labor agreement provisions may arise from the meaning of a provision, the calculation of wages, the employee to be covered, or the relationship of workplace practice to the agreement.

  • Interpreting a collective labor agreement provision by its wording, purpose and the agreement as a whole
  • Interpretation disputes between party unions and the interpretation action
  • Wage differences, bonuses, premiums, social benefits and other monetary rights
  • Disputes on shifts, leave, overtime and the work regime
  • The relationship between workplace practice and the collective labor agreement provision
  • Debates on the more favorable provision, acquired rights and the hierarchy of norms
  • Retroactive effect of the collective labor agreement and the start of its entry into force
  • Effect on the collective labor agreement of a change of employer, transfer of the workplace (işyeri devri) and merger
  • Effect of provisions of an expired collective labor agreement on employment contracts
  • Actions and claims that may be brought by the union, the employer and the worker

Rights disputes and actions for performance

Failure to apply an existing right under a statute, an individual employment contract or a collective labor agreement gives rise to a rights dispute. This dispute should be distinguished from a dispute of interests concerning the making of a new collective labor agreement.

  • Employee claims arising from the collective labor agreement
  • The union’s status as a party and options to apply on behalf of members
  • Individual lawsuit and mediation process of a member worker
  • Dues claims and contractual obligations between the parties
  • Workplace arrangements or disciplinary measures contrary to a collective labor agreement provision
  • Claims of equal treatment and discrimination on trade union grounds
  • Statute of limitations, interest, accounting period and proof records
  • Assessing, in the specific file, the conditions of an action for an undetermined claim or a partial claim

In actions for performance based on a collective labor agreement, the rule in Law No. 6356 Art. 53/2 on the highest interest rate applied to business loans from the date of default is taken into account. The same interest start or type does not apply to all employee claims; whether the claim truly arises from the collective labor agreement, and the default, are determined.

Term of the collective labor agreement, renewal, aftereffect and transfer of the workplace

Under Law No. 6356 Art. 35, a collective labor agreement is generally made for at least one and at most three years; the exception for work lasting less than one year is reserved. After signature, the term cannot be extended or shortened, and the agreement cannot be terminated before its term. A new authority application can be made within one hundred twenty days before the end of the existing agreement.

The provisions of an expired collective labor agreement concerning the employment contract continue as terms of the employment contract until a new one enters into force. This “aftereffect” does not mean that all union-related and obligation-creating provisions continue unchanged. In a transfer of the workplace, Art. 38 has different consequences depending on the status of the collective labor agreement of the transferring and acquiring employer; a transfer does not automatically end all collective rights.

Group collective labor agreements, framework agreements and extension

A group collective labor agreement is based on an agreement between a workers’ union and an employers’ union covering more than one member employer in the same industry. It is not confused with an enterprise collective labor agreement of a single employer for its workplaces in the same industry. The framework agreement in Law No. 6356 Art. 33 is subject to its own conditions with respect to membership and subject matter.

Extension (teşmil) is the application of certain provisions of a collective labor agreement to other workplaces within the conditions in Art. 40 and by a Presidential decision; it is not the same as benefit through union membership or solidarity dues. The authority process and scope exceptions are checked. Public-sector collective labor agreements, with the regime in Additional Art. 2 of the framework agreement protocol, and these institutions and the collective agreement of public servants are distinguished separately.

Collective disputes, strikes and lockouts

Mediation and the collective labor dispute process

Official mediation, which comes into play when no agreement can be reached in collective negotiation, is not the same as mediation as a condition precedent to litigation in individual labor disputes. The mediator’s duty, report and time limits are carried out under the system of Law No. 6356.

  • Preparing the dispute record
  • The competent authority and the official mediator process
  • Representation and proposal strategy in mediator meetings
  • Partial settlement and documenting the articles that remain open
  • Comparing financial proposals and the outcome record
  • Delivering the mediator’s report to the parties and to the competent authority
  • Moving to the strike, lockout or High Arbitration Board stage
  • Monitoring statutory time limits and preventing loss of authority

The six business days for dispute notification under Law No. 6356 Art. 49 and the mediator’s fifteen-day term of duty under Art. 50 are different stages. By agreement of the parties, the mediator’s term may be extended by at most six business days. The final record of mediation obtained for a worker’s individual claim action does not replace the dispute record of a collective bargaining dispute.

Strike decision and implementation of the strike

A lawful strike is a collective work stoppage taken and carried out in accordance with the procedure in the law, in order to protect or improve economic and social conditions and working conditions when a dispute arises during the making of a collective labor agreement. Not every work stoppage is a lawful strike; purpose, decision, duration, announcement, bans and implementation conditions are examined together.

  • Conditions of a lawful strike and work subject to a strike ban
  • Adoption of the strike decision by the competent organ
  • Announcing the decision and notifying the other party of the implementation date
  • A strike vote request and assessing the voting results
  • Legal status of workers who will strike and workers who will work
  • Access to the workplace, production safety, protection of goods and facilities
  • Strike pickets, announcements and information activities
  • Pay, social rights and the status of the employment contract during a strike
  • Allegations of an unlawful strike, findings and consequences
  • Postponement and end of the strike and the High Arbitration Board stage

The right to strike is under constitutional protection; however, the consequences of actions outside the conditions of a lawful strike should be assessed together with the purpose, duration, peaceful nature and proportionality of the specific event and the current case law.

Law No. 6356 Art. 60 provides for a decision and implementation within sixty days from notification of the dispute record, and a regime of notifying the other party six business days in advance. A strike vote comes onto the agenda at the written request, within six business days, of at least one quarter of the workers employed on the date of announcement. Voting and objection records are examined separately according to the enterprise or group structure.

Lockout decision and lockout disputes

A lockout is the employer side’s counter-instrument within the statutory collective labor dispute system. Removing workers collectively from work may produce different legal consequences if the statutory conditions of a lockout do not exist.

  • Reviewing the lockout decision with regard to the competent organ and time
  • The lockout calendar linked to the strike decision
  • Announcement, notification and implementation procedures
  • Distinction between lawful and unlawful lockouts
  • Employment contracts and workplace security during a lockout
  • Employees to be kept outside the scope of the lockout
  • Return-to-work and compensation claims that may arise from an unlawful lockout
  • End of the lockout and continuation of collective bargaining

Postponement of strikes and lockouts, bans and the High Arbitration Board

Work for which strikes and lockouts are prohibited by law, temporary bans, postponement decisions and emergency situations may alter the route of collective bargaining.

  • Assessing the strike and lockout ban with respect to the work or workplace
  • Scope, term and judicial review of a postponement decision
  • Negotiations during the postponement period
  • Conditions and time limits for applying to the High Arbitration Board
  • The legal and financial proposal file to be submitted to the Board
  • The nature of a High Arbitration Board decision as a collective labor agreement
  • Constitutional Court and international standards of trade union freedom

The postponement period under Law No. 6356 Art. 63 is sixty days. For the end of the period without agreement, a dispute within the ban, or the result of a strike vote, the six-business-day application under Art. 51 is assessed separately with regard to the triggering event and the applying party. High Arbitration Board decisions are final and have the effect of a collective labor agreement. Concluding a private arbitration agreement may produce different consequences under Art. 52.

Union activities and freedom of organization

Protection of union activity does not mean unlimited freedom of movement at the workplace, just as the employer’s management prerogative cannot be exercised so as to render union activity ineffective.

  • Activities of recruiting members, meetings, announcements and information
  • The employer’s powers concerning workplace security, production and work order
  • Union room, notice board and representative access
  • Communication with employees and personal data limits
  • Legal nature of work stoppages, slowdowns, protests and press statements
  • Proportionality in disciplinary sanctions and dismissal
  • Interference with union activity by a public authority or the employer
  • Effective remedies and compensation for violations of the right to organize

Public sector, data and ongoing advisory

Public servants’ unions and collective agreement processes

Unlike workers’ unions, public servants’ unions operate within the framework of Law No. 4688 on Public Servants’ Trade Unions and Collective Agreements. The service branch, membership, authority and collective agreement system should not be confused with the provisions of Law No. 6356.

  • Formation of public servants’ unions and confederations
  • Service branch and membership disputes
  • Assessing restrictions on a public servant’s union membership
  • Comparing institutional and union membership records
  • Member-count determinations and authorized union processes
  • Institutional administrative boards and collective agreement negotiations
  • Public Servants Arbitration Board processes
  • Safeguards of union representatives, officers and members
  • Appointment, place of duty, discipline or other administrative acts because of union activity
  • Assessing the annulment action, full remedy action and individual application routes

Working as a worker in a public institution does not by itself bring a person within Law No. 4688. The collective labor agreement of public-sector workers and the collective agreement of public servants are separate systems. A social balance agreement (sosyal denge sözleşmesi) in local administrations is also specially regulated in Law No. 4688 Art. 32; the Public Servants Arbitration Board cannot be applied to for this agreement. The amount, authority and financial conditions are examined according to the current regulation.

Union data, KVKK and digital systems

Information about union membership is special-category personal data. Member lists, dues, disciplinary, health, legal aid and communication records require a high level of protection.

  • Membership and dues data inventory
  • Conditions for processing special-category personal data
  • Data sharing with the Ministry, employers, banks and service providers
  • Member communication, bulk e-mail and messaging systems
  • Data minimization in delegate and election lists
  • Legal aid files and professional confidentiality
  • Transfer of data to a foreign union or cloud service
  • Unauthorized access, e-Devlet transactions and data breaches
  • Retention, destruction, access authority and incident response plan

The processing conditions of Law No. 6698 Art. 6, as amended in 2024, are taken into account: explicit consent is not the only basis for every transaction; statutory obligation, protection of a right and conditions specific to trade union organizations are examined separately. The existence of one of these bases does not permit opening the membership list to everyone. The conditions of Art. 9 are also assessed for transfer abroad to a cloud service or a union.

Union employees and service contracts

For personnel the union employs in its capacity as employer, labor, social security, personal data and occupational health and safety obligations continue.

  • Employment contracts of union employees
  • Provisions on job description, pay, premiums, confidentiality and intellectual property rights
  • Separating employees’ union or political activities from their institutional duty
  • Dismissal, reinstatement and employee claims
  • SGK, payroll and working-time compliance
  • Occupational health and safety obligations
  • Contracts with volunteers, consultants and external service providers
  • Processes for handing over archives, accounts, documents and personal data

International union relations and standards of freedom of organization

In relations with international federations or confederations, multinational enterprises, cross-border supply chains and global framework agreements, relevant international standards and a foreign-law dimension may arise in addition to Turkish law.

  • International union membership and cooperation agreements
  • Global framework agreements and codes of conduct
  • Information and consultation processes at multinational employers
  • ILO Conventions No. 87 and No. 98 and the principles of organizing and collective bargaining
  • Freedom of association under the European Convention on Human Rights
  • International union funds and data transfer
  • Contracts and correspondence in a foreign language
  • Coordination with authorized legal practitioners in the relevant country when a foreign-law opinion is needed

Union and collective labor law litigation

  • Disputes over suspension of the activity of a union or confederation and over its termination
  • Annulment of general assembly, delegate election and organ decisions
  • Expulsion from membership and membership determination actions
  • Actions objecting to the industry determination
  • Actions objecting to a positive or negative authority determination
  • Actions on interpretation and application of the collective labor agreement
  • Dues and solidarity dues claims
  • Actions on dismissal on trade union grounds, reinstatement and union-related compensation
  • Actions arising from the safeguards of representatives and officers
  • Determination and consequences of an unlawful strike or lockout
  • Administrative fines and applications against Ministry acts
  • Conditions for individual application to the Constitutional Court and international application routes

A union’s filing an action on behalf of a member does not automatically give unlimited litigation authority in every dispute. Under Law No. 6356 Art. 26, a written application, the scope of representation and, if membership has ended, written approval are assessed. In addition to Art. 79 on the jurisdiction of the labor court, it is separately checked whether the act concerns an administrative sanction or a public servant.

Ongoing legal advisory and training

  • Updating bylaws, regulations and internal policies
  • Legal secretariat for the general assembly and executive board
  • Collective bargaining calendar and time-limit monitoring system
  • Collective labor agreement article bank and financial–legal impact matrix
  • Membership, dues and data protection procedures
  • Training for union officers and representatives
  • Training on the right to organize for human resources and employer managers
  • Periodic reporting of changes in legislation and case law
  • Pre-dispute risk and document review

Six Checks in the Initial Review of the File

The right party and representation

Are the status as union, employer, member or representative, and the signing and litigation authority, documented?

The right industry and unit

Do the actual activity, auxiliary work, workplace registries and the enterprise as a whole match?

Reliable member and worker records

Do the records on the date of application, joining/withdrawal, and hiring–departure dates match?

A protected action calendar

Are the starting points of the time limits for authority, call, dispute notification, election and implementation clear?

A clear agreement and financial impact

Have the article text, wage calculation, out-of-scope personnel and prior rights been compared?

An actionable demand

Is it clear how the decision sought will be reflected in the collective labor agreement, payroll, dues or the representation duty?

Preparing for a Consultation on a Union Dispute and Collective Bargaining

For the first consultation, briefly state the subject, your status as a party, the current stage and the nearest date. Even if not all documents are ready, do not delay reporting a time-limited action. Details affecting worker and member numbers are reviewed through secure document sharing.

  1. Records of transactions and notifications

    Ministry authority or industry letter, notification envelope and electronic notice; announcements, prior applications, court and legal-remedy decisions.

  2. Representation and organizational structure

    Bylaws, formation and organ documents, signing powers; general assembly call, agenda, delegate list and minutes; workplace registries, activity and organization information.

  3. Agreement and dispute documents

    Current or previous collective labor agreement, proposals and negotiation minutes; mediator’s report; strike–lockout or vote documents; dismissal letter, payroll and dues records.

  4. Secure document sharing

    Do not attach membership lists or health, disciplinary and personnel records to a general message to the firm. The necessary documents are shared by a secure method and limited to need after the engagement; the e-Devlet password is not requested.

  5. Priority dates and a summary of events

    The latest notification or announcement, an approaching meeting or litigation deadline, the date of dismissal and strike implementation; a short chronology of events, the demand and the authorized contact person.

Antalya-Based Practice and Union Processes Across Türkiye

Güneş & Güneş Law Firm was founded in Kemer on March 18, 1999 by Attorney Umut Güneş. With more than 27 years of institutional history, it has provided services since 2007 from its base in Antalya at the stages of advice, negotiation, litigation, appeal and implementation of decisions. Union and collective labor law files in all 81 provinces of Türkiye can be planned with regard to subject-matter jurisdiction, territorial jurisdiction, time limits, evidence and representation requirements.

Working According to the Needs of the Workplace and the Negotiation

From the headquarters in Antalya, the process is conducted taking into account the relevant Ministry unit, the workplace, the center of the enterprise and the competent court. Online meetings, secure document sharing and necessary on-site transactions are planned together. The scope of services across Türkiye does not mean that there is a physical office in every province.

International Connections and Communication in Four Languages

Turkish, English, German and Russian communication makes it possible to assess processes connected with Türkiye of employers with foreign capital, international unions and multinational enterprises. Contracts in a foreign language, global framework agreements, authority, translation, certification and data transfer are examined according to the file. When a foreign-law opinion is needed, coordination with authorized legal practitioners in the relevant country is planned.

Engagement, Fees and Client Information

Which of the formation, ongoing advisory, collective bargaining, litigation and appeal matters are included in the engagement is determined at the outset. The attorney’s fee, as well as court fees, notification, court-appointed expert, translation and other costs, are explained separately. A common working arrangement is established on meeting frequency, authorized contact persons, reporting and document access.

The outcome of each file depends on the facts, the evidence, the claims and defenses of the opposing party, the expert examination and the assessment of the competent authority. The outcome of negotiations, the acquisition of authority, a specific collective labor agreement wage increase or success in litigation cannot be guaranteed.

Frequently Asked Questions About Trade Union and Collective Labor Law

What does trade union law cover?

The formation of unions and confederations, bylaws and organs, membership and dues, industry and authority determination, collective bargaining, application of the collective labor agreement, strikes and lockouts, discrimination on trade union grounds, safeguards for representatives and officers, and public servants’ unions are the main subjects of this field.

Is prior permission required to form a workers’ union?

Unions may be formed without prior permission. However, the founders, bylaws, seat, industry, mandatory organs and formation notifications should comply with the statutory conditions. A specific formation file should be checked against current legislation.

Can an employee be a member of more than one workers’ union at the same time?

The possibility of membership may vary depending on conditions such as whether the unions are in the same or different industries and whether the employee works at workplaces belonging to different employers at the same time. Invalidity or the status of a later membership should be examined on the specific records.

How is union membership acquired and ended?

Under Law No. 6356, membership is acquired by an e-Devlet application and acceptance by the competent organ of the union; not rejecting the application within thirty days has a statutory consequence. Withdrawal takes effect one month after notification. For public servants’ transactions, the separate procedure of Law No. 4688 is examined.

Is information about union membership personal data?

Yes. Union membership is special-category personal data. Membership lists and related records should be managed with restricted access, appropriate security, a legal processing condition and a defined retention period.

How is the authority to conclude a collective labor agreement determined?

The workers’ union needs to meet the required national threshold in the industry in which it is established and the required majority in the bargaining unit. The criteria of more than half at a workplace and forty percent in an enterprise are assessed within the framework of the official records on the date of application and the statutory exceptions.

How long is the period for objecting to an authority determination?

For an objection to authority under Law No. 6356 Art. 43, six business days from notification apply. Registration of the petition with the competent authority, concrete evidence, the parties and the court’s jurisdiction are checked separately. The start and period of an objection to an industry determination are different.

Does an objection to an authority determination affect the collective bargaining process?

Yes. Under Law No. 6356 Art. 43/5, the objection suspends authority procedures until the decision becomes final. The case should not be allowed to drag on in a way that renders the right to collective bargaining ineffective; the file is pursued promptly and with concrete evidence.

What is the difference between a workplace and an enterprise collective labor agreement?

A workplace collective labor agreement may cover a specific workplace; an enterprise collective labor agreement may cover the enterprise as a whole, which has more than one workplace in the same industry. The majority ratio and the authority calculation vary accordingly.

What can the term of a collective labor agreement be?

Under the system of Law No. 6356, a collective labor agreement cannot be made for less than one year or more than three years. A statutory special rule for work lasting less than one year is assessed separately.

Can a worker who is not a union member benefit from the collective labor agreement?

The worker may benefit by paying solidarity dues, under the conditions of Law No. 6356 Art. 39; the approval of the party union is not required. The request and the dates of signature, entry into force and employment are examined together. The former sentence that treated requests made before signature as effective only on the date of signature was annulled by the Constitutional Court (AYM).

Can a white-collar employee be left outside the collective labor agreement?

Not every white-collar employee is automatically out of scope. The actual duties, status as employer’s representative, the collective labor agreement provision and the objective reason for the exclusion should be examined. A title alone does not produce a conclusive result.

What can a worker dismissed for being a union member claim?

Depending on the circumstances of the specific case, reinstatement, union-related compensation, pay for the period without work, wages and other employee rights may come into question. Mediation and litigation time limits should be checked as soon as the dismissal notice is received.

How is a union ground proved?

The time of the dismissal, organizing activity, the union status of those dismissed and of those who continued to work, new hires, statements by the employer, performance and disciplinary records, changes of duty and witness accounts are assessed together. A single indication may not be sufficient in every file.

Can a workplace union representative’s duty or workplace be changed?

Under Law No. 6356 Art. 24/4, the workplace cannot be changed, or the job materially altered, without the representative’s written consent; a contrary change is invalid. The representation duty, notification and the actual change should be documented. The safeguard of a public servant representative is assessed separately under Law No. 4688.

Is every work stoppage a lawful strike?

No. A lawful strike requires a collective labor agreement dispute, a decision of the competent organ, time, announcement and implementation conditions. Other collective actions are assessed separately according to purpose, peaceful nature, duration, proportionality and current case law.

How is a strike vote held?

Under Law No. 6356 Art. 61, a vote is held at the written application, within six business days, of at least one quarter of the workers employed on the date the strike is announced. The competent authority, the enterprise or group distinction, the vote and the three-business-day objection period are checked separately.

How is a dispute resolved for work where strikes and lockouts are banned?

In the case of a statutory ban or postponement, negotiation and the High Arbitration Board process may come into play. The conditions and time limits of the application are determined according to the type of dispute.

Are public servants’ unions also subject to Law No. 6356?

No. Public servants’ unions and the collective agreement system are principally subject to Law No. 4688. The membership, service branch, authority and arbitration board processes differ from those of workers’ unions.

Can an application be made for a union dispute in another province of Türkiye?

Yes. Processes in different provinces of Türkiye can be handled by assessing the nature of the file, the court with subject-matter and territorial jurisdiction, and the requirements of collective negotiation and physical transactions. No statement is made that there is an office outside Antalya.

What documents should I bring to the first consultation?

A notification or announcement document, the Ministry letter, the bylaws, the current collective labor agreement and a short summary of the dispute are useful. Do not send membership, health or personnel files in a general message to the firm. A detailed document list and secure sharing method are determined according to the file.

When is the call for collective negotiation made after the authority certificate?

Under Law No. 6356 Art. 46, the call is made within fifteen days of obtaining the authority certificate. If no call is made, the certificate loses its effect. The start of the meeting and the sixty-day negotiation period are calculated separately.

What is the minimum union-related compensation?

Law No. 6356 Art. 25 contains a criterion of not less than one year’s wages. A specific amount cannot be promised without assessing the proof of the union ground and the legal conditions of the claim. The special limitation on awarding it together with compensation for non-reinstatement is also taken into account.

Which time limit is followed for reinstatement in a dismissal on trade union grounds?

Under the Law No. 4857 Art. 20 route, an application is made to the mediator within one month of notification of the dismissal notice; if no agreement is reached, a lawsuit is filed within two weeks of the final record. The workplace union representative’s special action under Law No. 6356 Art. 24 is examined separately.

Is official mediation the same as mediation as a condition precedent to litigation?

No. Official mediation under Law No. 6356 concerns a dispute in negotiation of a new collective labor agreement. Mediation as a condition precedent to litigation under Law No. 7036 is connected with certain individual claims, compensation and reinstatement requests; one does not replace the other.

Do all rights end when a collective labor agreement expires?

No. Under Law No. 6356 Art. 36/2, provisions concerning the employment contract continue as terms of the employment contract until a new one enters into force. The scope of the aftereffect is not extended as if all union-related provisions continued.

Does a transfer of the workplace terminate the collective labor agreement?

Not in every case. Under Law No. 6356 Art. 38, the continuation of rights and obligations varies according to the status of the collective labor agreement at the transferring and acquiring workplaces. The transfer agreement, the integrity of the workplace and the scope of the new employer are examined.

Are a public-sector worker and a public servant subject to the same collective agreement?

No. For a public-sector worker, the collective labor agreement regime in Law No. 6356 applies; for a public servant, the collective agreement system in Law No. 4688. Working at a public institution does not by itself determine which regime applies.

How is an expulsion decision objected to?

Under Law No. 6356, the expulsion decision is made by the general assembly. The member may object to the court within thirty days of notification; membership continues until the decision becomes final. Making an internal disciplinary application should not lead to the assumption that the statutory time limit for bringing an action is suspended.

Official Sources and Content Information

Content preparation and source check: . Legislation, statistics, industry and authority records should be rechecked on the date of the transaction. A court decision does not guarantee the same outcome in all files involving different facts and evidence.

Review the official legislation and decision sources

Let Us Assess Your Union Process and Collective Labor Dispute Together

Which stage are you at, and what is the nearest date?

Briefly state your status as a party, the stage of the transaction or negotiation, and your request. If there is an approaching objection, election, dismissal or strike implementation date, explain it in your first message.

Do not attach a membership list, a health or disciplinary file, e-Devlet information or a confidential bargaining document to your first message. The information shared is handled in line with the principles of professional secrecy and protection of personal data; a secure method is determined separately for the necessary documents.

Our target for a first response is 48 hours. This period does not mean that a legal opinion has been completed or that the matter has been accepted. If there is a near deadline or an urgent action, do not wait for this period; notify us by phone.

Monday – Friday, 09:00 - 18:00

This page is for general information; it does not constitute a personalized legal opinion or an assurance of outcome. Each file is assessed within its facts, evidence and procedural conditions. An attorney–client relationship is established upon acceptance of the matter and confirmation of the engagement.