Definition and Importance: Unions are legal organizations where workers or employers come together to protect and improve their economic and social rights. A union is formed by at least seven workers or employers to operate in a specific sector. Unions enable employees to act collectively and negotiate with employers. This allows workers to gain rights and benefits they could not achieve individually. The primary purpose of unions is to enhance job security for their members, improve working conditions, and ensure fair wages.
Types of Unions: There are different types of unions on both the worker and employer sides. The two main types of unions are:
Between Worker Unions and Employer Unions: These unions cover agreements made between worker unions and employer unions. While worker unions work to protect and improve workers' rights, employer unions advocate for the interests of employers.
Between Worker Unions and Non-Unionized Employers: In this type, the worker union makes direct agreements with employers who are not members of any employer union. These agreements are made to protect and improve workers' rights, regardless of whether the employer is a union member.
These two types of unions can use different methods and strategies to protect and improve the rights of their members. In both cases, the primary goal of unions is to best defend the common interests of workers and employers.
What are Confederations?
Definition and Importance: Confederations are umbrella organizations formed by at least five unions operating in different sectors. These organizations allow unions to unite on a broader platform and act towards common goals. Confederations enhance the power of unions, enabling them to defend workers' and employers' rights more effectively. They increase solidarity among their members and help achieve more significant changes on a sectoral basis.
Structure of Confederations: Confederations operate within specific rules and structures. Each confederation has its unique management structure consisting of representatives from member unions. Generally, confederations have management boards, audit boards, and various working committees. These bodies set the policies of the confederation and guide its activities.
Confederations address common issues of unions, develop strategies to improve working conditions, and collaborate with the government and other institutions to protect labor rights. Additionally, confederations provide education and consultancy services to their members and represent them at national and international levels.
In conclusion, confederations play a significant role in uniting the strengths of unions, thereby achieving a more effective defense and representation of labor and employer rights.
What is a Collective Bargaining Agreement (CBA)?
Definition and Legal Basis: A Collective Bargaining Agreement (CBA) is a written agreement made between worker unions and employers or employer unions, regulating working conditions and protecting workers' rights. CBAs enable workers to collectively negotiate with employers for better working conditions, wages, and social rights. These agreements are regulated by the Law No. 6356 on Trade Unions and Collective Bargaining Agreements and have significant legal implications. Therefore, it is crucial to obtain legal support in the preparation and implementation of CBAs.
Importance of CBAs: CBAs allow workers to achieve rights they cannot obtain individually. They increase job security for workers, regulate working hours, improve wages, and provide social rights. For employers, CBAs increase workplace harmony and productivity, as these agreements enhance worker satisfaction and motivation.
Types of Collective Bargaining Agreements
Workplace Collective Bargaining Agreement: This type of agreement is made between the workers of a specific workplace and the employer. These agreements can be made if more than half of the workers at the workplace are union members. Workplace CBAs are tailored to the specific conditions of that workplace and are only valid there.
Enterprise Collective Bargaining Agreement: This type of agreement covers multiple workplaces owned by the same employer within the same sector. To make an enterprise CBA, at least 40% of the workers across all workplaces must be union members. Enterprise CBAs take into account the common aspects of the workplaces and apply to all of them.
Group Collective Bargaining Agreement: This type of agreement is made between an employer union and a worker union, covering multiple employers operating in the same sector. In group CBAs, the workplaces that are members of the employer union make a joint agreement with the union. Group CBAs provide more comprehensive regulations on a sectoral basis by covering a broader group of employers.
Content of Collective Bargaining Agreements
Basic Provisions: A Collective Bargaining Agreement (CBA) includes clauses that define the rights and obligations of workers and employers. These clauses cover a wide range of issues from workers' wages to working hours, leave rights, and occupational safety measures. The agreement clearly outlines the responsibilities of both the employer and the workers. It also specifies how working conditions will be monitored and the sanctions to be applied in case of non-compliance.
Economic and Social Rights: CBAs also regulate the economic and social rights of workers. Clauses regarding wage increases, bonuses, premiums, and social benefits form an important part of the agreement. Additionally, social rights such as health insurance, retirement plans, and unemployment benefits are guaranteed under the CBA. These rights not only enhance workers' quality of life but also increase motivation and productivity in the workplace.
Conditions of Collective Bargaining Agreements
Union Membership and Authorization Requirements: For a union to negotiate a CBA, it must meet certain conditions. First, the union must have registered more than 1% of the workers employed in the industry in which it is established. Additionally, more than half of the workers in the workplace where the agreement will be made must be union members. These conditions are essential for the union to gain authorization and be able to negotiate a CBA.
Industry and Worker Number Conditions: Each worker can only be a member of a union operating in the industry in which they are employed. Similarly, each employer can only be a member of a union operating in the industry in which they are active. This means that the worker union and the employer union, or the non-unionized employer, must operate in the same industry. Moreover, only one collective bargaining agreement can be implemented in a workplace at a time. Therefore, it is not possible for multiple unions to make different agreements in the same workplace. With the authorization of a single union, one CBA is implemented and enforced in the workplace.
How is a Collective Bargaining Agreement Made?
Authorization Determination: To make a Collective Bargaining Agreement (CBA), the relevant union must apply to the Ministry of Labor and Social Security to obtain an authorization certificate. During the authorization determination process, it is examined whether the union has registered more than 1% of the workers in the industry and whether more than half of the workers in the workplace are union members. If the ministry determines that these conditions are met, it makes a positive authorization determination and notifies the relevant parties.
Authorization Objection: There is a right to object to the authorization determination. Employers or other unions objecting to the positive authorization determination can apply to the labor court within six business days of the notification. The court evaluates the objection and decides on the validity of the authorization determination. The union's authorization procedures are halted until the objection process is completed.
Points to Consider in Collective Bargaining Negotiations
Negotiation Process: To start CBA negotiations, the authorization certificate must first be obtained. Once this certificate is received, the union must invite the employer to negotiations within 15 days. This invitation must also be notified to the relevant authorities. If the invitation is not made within this period, the authorization certificate becomes invalid, and the process must be restarted.
During negotiations, the union presents its demands and proposals to the employer. These demands generally include wage increases, regulation of working hours, leave rights, and other social rights. The employer also presents its own offers, and negotiations begin between the parties. Both sides must show flexibility to reach an agreement.
If an agreement cannot be reached between the parties, the mediation process can be initiated. Mediation involves a neutral third party stepping in to resolve disputes between the parties. The mediator makes suggestions to help the parties reach an agreement. If the mediation process also fails, the parties may seek a resolution through the courts.
Legal Points to Consider: It is crucial to maintain a solid legal basis during CBA negotiations. Mistakes made during the negotiation process can lead to serious legal issues in the long term. Therefore, both parties should seek support from experienced labor law attorneys.
Some important legal points to consider during negotiations include:
Compliance with Legal Processes: Negotiations must be started and completed within the specified legal timelines. Exceeding these timelines can invalidate the authorization certificate.
Keeping Regular Records: All correspondence, decisions, and proposals made during negotiations should be recorded in detail. These records can be important documents for resolving future disputes.
Transparency and Communication: A transparent communication process should be maintained between the parties. All demands and proposals of the workers and the employer should be clearly expressed. This increases trust between the parties and facilitates agreement.
Defining Legal Rights and Obligations: The clauses of the agreement should clearly define the legal rights and obligations of the parties. These clauses help prevent future disputes.
Preventing Future Disputes: The agreement should include provisions on how potential disputes will be resolved. Mechanisms such as mediation, arbitration, or court procedures should be specified.
Being careful and meticulous during CBA negotiations contributes to strengthening cooperation between workers and employers. Additionally, establishing a solid legal basis for the agreement protects the rights of the parties and ensures labor peace.
It is important to seek legal support and carefully follow the processes during negotiations.
Duration of Collective Bargaining Agreements
Minimum and Maximum Durations: A Collective Bargaining Agreement (CBA) can be made for a minimum of one year and a maximum of three years. This duration is determined based on the agreement between the parties. The duration of the agreement defines the working order in the workplace and the rights and obligations of the parties. Determining the duration of the agreement allows long-term planning for both workers and employers.
Renewal of the Agreement: Before the expiration of the agreement, preparations for a new CBA should begin. The authorized union can apply to the ministry for a new authorization certificate within the last 120 days before the current agreement ends. However, even if a new agreement is made, it does not come into effect until the current agreement expires. This ensures the continuity of working order in the workplace.
Benefiting from the Collective Bargaining Agreement
Conditions for Benefiting: Workers who are members of the union party to the collective bargaining agreement benefit from the agreement. Workers whose employment contracts end while the agreement is in effect also have the right to benefit from the CBA until its expiration date. Non-unionized workers can benefit from the CBA provisions by paying a solidarity contribution. This does not require the approval of the employer or the union.
Those Who Cannot Benefit from the Agreement: Workers participating in a strike cannot benefit from the collective bargaining agreement unless permitted by the union. Additionally, those representing the employer and those considered employer representatives cannot benefit from the CBA. These individuals can also benefit from the agreement with the union's permission. If specified in the agreement, some groups of personnel may also be excluded from benefiting from the CBA provisions. Workers who have been granted special rights by the employer at the workplace may also be excluded from benefiting from the CBA due to these special rights.
Who can and cannot benefit from the CBA should be clarified within the clauses of the agreement and the rules set by the union. This helps prevent potential disputes and ensures a fair arrangement in the workplace.
Collective Labor Disputes and Resolution Methods
Types of Disputes: Disputes arising from collective bargaining agreements are generally categorized into two main types: rights disputes and interest disputes. Rights disputes arise from issues related to the interpretation or application of an existing collective bargaining agreement. Interest disputes occur during the process of making a new collective bargaining agreement or renewing an existing one.
Resolution Methods: Several methods are available for resolving collective labor disputes:
Mediation: Mediation involves a neutral third party trying to help the disputing parties reach an agreement. The mediator facilitates negotiations and offers suggestions to resolve the dispute.
High Arbitration Board: The High Arbitration Board is an official body that can be appealed in collective labor disputes. This board evaluates disputes between the parties and makes binding decisions.
Private Arbitration: The parties can choose a private arbitrator to resolve their dispute. The private arbitrator is a mutually agreed-upon individual who makes a decision on the dispute.
Judicial Process: Disputes between the parties can be taken to labor courts for resolution. The court makes a decision based on laws and available evidence to resolve the dispute.
These methods help the parties resolve their disputes fairly and quickly. Seeking legal support during the dispute resolution process is important for protecting the rights of the parties.
Termination of the Collective Bargaining Agreement
Reasons for Termination: A collective bargaining agreement may terminate for certain reasons. The expiration of the agreement, closure of the workplace, or cessation of the employer's activities may lead to the termination of the CBA. However, in the case of a workplace transfer, the new employer becomes a party to the existing collective bargaining agreement, and its provisions continue to apply.
After-Effect: When a collective bargaining agreement expires, its provisions may continue to be applied for a certain period. This is known as the "after-effect." Until a new collective bargaining agreement is made, the rights and working conditions provided by the old agreement continue to be valid. This is important for maintaining order in the workplace and ensuring the continuity of workers' rights.
Special Cases: The closure or cessation of activities of the worker's union does not terminate the collective bargaining agreement made by that union. The agreement remains valid for its designated period. Additionally, if the collective bargaining agreement is terminated, the provisions of the old agreement continue to be applied until a new arrangement is made.
Being careful during the termination process of a collective bargaining agreement and obtaining legal advice is important for protecting the rights of the parties and preventing potential disputes. Mistakes made in this process can lead to serious long-term issues, so professional support is crucial.
Mandatory Bodies in Unions, Union Branches, and Confederations
Management Board: The management board is the primary governing body of a union, union branch, and confederation. The management board determines the general policies, makes strategic decisions, and implements these decisions. The members of the management board are usually elected by the union members and serve for a specific term. The main duties of the management board include conducting financial audits, protecting members' rights, and carrying out union activities.
Audit Board: The audit board is responsible for auditing the financial and administrative transactions of the union. This board controls the union's income and expenses, examines financial reports, and detects irregularities. The audit board members work independently to ensure the union's financial discipline and transparency. Additionally, audit board reports are presented to the general assembly of the union to inform the members.
Discipline Board: The discipline board resolves disciplinary issues among union members and applies necessary sanctions. This board examines behaviors that violate the union's bylaws and internal regulations and makes disciplinary decisions about members. The purpose of the discipline board is to maintain order and harmony within the union. The discipline board's decisions help ensure justice among members and maintain discipline within the union.
Frequently Asked Questions About Collective Bargaining Agreements
What is a Collective Bargaining Agreement? A Collective Bargaining Agreement (CBA) is a written agreement made between a worker's union and an employer or an employer union, regulating working conditions and protecting workers' rights. CBAs enable workers to collectively negotiate with employers for better rights.
How Many Types of Collective Bargaining Agreements Are There? CBAs are classified into various types based on their parties and characteristics. There are three main types of CBAs: workplace, enterprise, and group collective bargaining agreements. A workplace CBA can be made if more than half of the workers at the workplace are union members. An enterprise CBA covers multiple workplaces owned by the same employer within the same industry, and a group CBA covers multiple employers within the same industry.
Can Any Union Make a Collective Bargaining Agreement? No, not every union can make a CBA. A union must meet certain authorization and membership conditions to negotiate a CBA. The union must have registered more than 1% of the workers in the industry and more than half of the workers in the workplace must be union members.
How is a Collective Bargaining Agreement Made? To make a CBA, the authorized union invites the employer to negotiations. During negotiations, the parties try to reach an agreement on issues such as wages, working hours, leave rights, and other social rights. In case of a disagreement, mediation or judicial processes can be pursued.
Can There Be Multiple Collective Bargaining Agreements in a Workplace at the Same Time? No, only one CBA can be implemented in a workplace at a time. Multiple unions cannot make separate CBAs with the employer covering different groups of workers. One CBA is made and it applies to all workers in the workplace.
Is There a Time Limit for Collective Bargaining Agreements? Yes, a CBA can be made for a minimum of one year and a maximum of three years. An authorization application for a new agreement can be made before the expiration of the current agreement. However, the new agreement does not come into effect until the current agreement expires.
Who Can Benefit from a Collective Bargaining Agreement? Workers who are members of the union party to the CBA can benefit from the agreement. Non-unionized workers can benefit from the CBA provisions by paying a solidarity contribution.
Who Cannot Benefit from a Collective Bargaining Agreement? Workers participating in a strike cannot benefit from the CBA unless permitted by the union. Those representing the employer and considered employer representatives cannot benefit from the CBA. Additionally, some groups of personnel may be excluded from benefiting from the CBA if specified in the agreement.
How Does a Change of Employer or Closure of the Union Affect the Collective Bargaining Agreement? A change of employer or closure of the union does not affect the validity of the CBA. The new employer becomes a party to the existing agreement, and its provisions continue to apply.
Final Considerations
General Evaluation and Recommendations: Collective bargaining agreements are crucial for protecting workers' rights and improving working conditions. CBA processes should be conducted carefully and meticulously with legal support. Here are some key points to consider:
Pay Attention to Authorization and Membership Conditions: Ensure that the necessary authorization and membership conditions for negotiating a CBA are met.
Obtain Legal Advice: Mistakes made during the CBA process can lead to serious long-term legal issues. Therefore, seeking legal support from experienced labor law attorneys is essential.
Conduct Transparent and Fair Negotiations: Maintain a transparent and fair negotiation process between the parties. Clearly express the demands and proposals of both workers and employers.
Keep Regular Records: Record all correspondence and decisions made during negotiations in detail. These records can be important documents for resolving future disputes.
Compliance with Legal Processes: Ensure that negotiations are started and completed within the specified legal timelines. Exceeding these timelines can invalidate the authorization certificate.
Collective bargaining agreements play a critical role in increasing workplace harmony and productivity and protecting workers' rights. Therefore, conducting CBA processes carefully and meticulously ensures the protection of the parties' rights and establishes labor peace.
