Formation and union management
Formation, bylaws, general assembly, delegate elections, decisions of organs and property transactions.
Formation and management servicesTrade 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, bylaws, general assembly, delegate elections, decisions of organs and property transactions.
Formation and management servicesThe workplace–enterprise distinction, majority calculation, the Ministry’s determination and actions objecting to the authority determination (yetki tespiti).
Authority and objection processesFrom wages and fringe benefits to the work regime: preparation, negotiation, interpretation and application of the collective labor agreement.
Collective bargaining servicesDiscrimination, reinstatement, union-related compensation; safeguards for representatives and officers.
Rights and litigation optionsOfficial mediation, strike vote, implementation calendar, bans and the arbitration board.
Collective dispute servicesMembership, service branch (hizmet kolu), collective agreement and administrative acts under Law No. 4688.
Processes concerning public servantsOur 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.
| Subject | Legal route | Key distinction |
|---|---|---|
| Industry (işkolu) determination | The 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 agreement | Worker, 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 agreement | Collective 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 agreement | Depending 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 safeguards | Union 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 dispute | Membership, 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. |
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.
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.
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.
The worker–public servant distinction, industry, workplace, enterprise and status as representative are determined.
Call, announcement, objection and meeting dates are recorded, distinguishing business days from calendar days.
Membership, Social Security Institution (SGK), payroll, registry, general assembly and negotiation documents are reviewed together.
The effect on wages, fringe benefits, the work regime and agreement provisions is assessed, where necessary with an authorized financial expert.
Demands, statutory limits and options are explained; negotiations, filings and the litigation process are planned.
The signed collective labor agreement or decision is followed up with regard to payroll, dues, representation and workplace procedures.
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.
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.
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.
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.
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.
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 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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Work for which strikes and lockouts are prohibited by law, temporary bans, postponement decisions and emergency situations may alter the route of collective bargaining.
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.
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.
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.
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.
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.
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.
For personnel the union employs in its capacity as employer, labor, social security, personal data and occupational health and safety obligations continue.
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.
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.
Are the status as union, employer, member or representative, and the signing and litigation authority, documented?
Do the actual activity, auxiliary work, workplace registries and the enterprise as a whole match?
Do the records on the date of application, joining/withdrawal, and hiring–departure dates match?
Are the starting points of the time limits for authority, call, dispute notification, election and implementation clear?
Have the article text, wage calculation, out-of-scope personnel and prior rights been compared?
Is it clear how the decision sought will be reflected in the collective labor agreement, payroll, dues or the representation duty?
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.
Ministry authority or industry letter, notification envelope and electronic notice; announcements, prior applications, court and legal-remedy decisions.
Bylaws, formation and organ documents, signing powers; general assembly call, agenda, delegate list and minutes; workplace registries, activity and organization information.
Current or previous collective labor agreement, proposals and negotiation minutes; mediator’s report; strike–lockout or vote documents; dismissal letter, payroll and dues records.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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.