TRADE UNION LAW FOR THE PUBLIC SERVANTS
Law No. 4688 Date of Approval: 25.6.2001
Date of Publication in the Official Gazette: 12.07.2001 No: 24460
PART ONE
Objective, Scope and Definitions
Objective
ARTICLE 1. – Objective of this law is to determine the establishment, organs, powers and activities of the trade unions and confederations formed for the protection and improvement of the common economic, social and occupational rights and benefits of the public servants and to regulate the essentials regarding collective bargaining to be carried out in each service branch between the authorized trade unions for public servants and the confederations these are affiliated with and the Public Employer Board.
Scope
ARTICLE 2. – This law shall be applied for public servants working outside the status of worker in administrations with general, annexed and special budgets, provincial special administrations and municipalities and their affiliated institutions where the public services, which the Government and other public corporate bodies are charged with, are performed, and in state economic enterprises, and in the banks and organizations and their affiliated institutions established with special laws or with the authority vested by the special laws, and in other public establishments and institutions.
Definitions
ARTICLE 3. – In the implementation of this Law:
a) “Public Servant” signifies any public servants occupied permanently in a post or position other than that of a worker in the public establishments and institutions, and completed their candidacy or trial periods;
b) “Public Employer” signifies public establishments and institutions with or without artificial personality where public servants are working;
c) “Public Employer Representative” signifies those authorized to represent public establishments and institutions and manage them all and their deputies;
d) “Workplace” signifies a place where public services are performed;
e) “Establishment” signifies any establishment whose duties, powers and responsibilities are determined in their laws of establishment or legislation regarding their establishment, and which have an administrative entirety regarding the quality and performance of services;
f) “Trade Union” signifies any institution with artificial personality formed by public servants for the protection and improvement of their common economic, social and occupational rights and benefits;
g) “Confederation” signifies any superior institution with artificial personality in different service branches composed of at least five trade unions established subject to this Law;
h) “Collective Bargaining” signifies any negotiation to be held between the authorized trade unions for public servants or their superior institutions and the Public Employer Board regarding the coefficients and indexes, salaries and remunerations, any increments and allowances, overtime payments, travel allowances, rewards, lodgings allowances, birth, death and family allowances, treatment allowances and funeral expenses, food and clothing benefits, and other benefits of this type improving activity to be implemented for public servants;
i) “Conciliation Board” signifies the board formed for settlement of disputes which may occur during the collective bargaining;
j) “Agreement Text” signifies the text indicating the agreement reached at the end of the collective bargaining; and
k) “Head of Supreme Arbitration Board” signifies the Head of the Board established in accordance with the Article with No. 53 of the Law for Collective Labour Agreement, Strike and Lockout with No. 2822.
Public employer representatives, with respect to this Law, are considered public employer and all affiliated units, with respect to quality and performance of services are, considered main workplace. Where the public employer has more than one workplace, all of these workplaces, with respect to this Law, are considered the workplace.
PART TWO
Principles of Establishment and Organs
CHAPTER ONE
Principles of Establishment
Establishment
ARTICLE 4. – Trade Unions are established to carry out Turkey-wide activities, by public servants working in the public workplaces in a service branch, based on the principle of service branch.
More than one trade union can be established in a service branch. Trade unions based on profession or workplace can not be established.
Service branches
ARTICLE 5. – The service branches where trade unions can be established are mentioned below:
1. Office, banking and insurance services.
2. Training, education and science services.
3. Health and social services.
4. Local administration services.
5. Press, publication and communication services.
6. Cultural and art services.
7. Public works, construction and rural services.
8. Transportation services.
9. Agriculture and forestry services.
10. Energy, industry and mining services.
11. Religion and foundation services.
The service branches of the establishments are determined by a regulation to be prepared by the Ministry of Finance, Ministry of Labour and Social Security and the Presidency of State Personnel Department.
Establishment procedures
ARTICLE 6. – Trade unions and confederations are established freely, without prior permission.
Working as a public servant for a period of two years the minimum is necessary to become a founder of trade union.
Founders of trade unions are obliged to submit to the Office of Governor of the district where the head office of the trade union is located the by-laws of the trade union, the founders’ identity card copies, declarations of residence, documents verifying their working as public servants and the identities of those who are to manage the trade union till the first general assembly as annexes to their application for establishment.
Founders of confederations are obliged to submit to the Office of Governor of the district where the head office of the confederation is located, in exchange for receipt document, the by-laws of the confederation and the resolution of the Board of Founders of the trade unions for the establishment of confederation, and the identities of those who are to manage the confederation till the first general assembly is held. Those who are to manage the confederation till the first general assembly are obliged to attach those other documents required from the founders of trade unions, in case they were not elected by the compulsory organs of the trade unions which they are members to.
Upon the submission of the above-mentioned documents and the by-laws to the relevant office of governor, the trade union or the confederation acquires artificial personality.
The office of governor sends one copy of these by-laws and documents to the Ministry of Labour and Social Security and the Presidency of State Personnel Department within five office days.
Should the by-laws or the information included in the documents listed in this article are found to be incompatible with the law, or the provisions of establishment stipulated by this Law are found to be not realized, the relevant office of governor requests deficiencies to be fulfilled within one month time. And should these are not fulfilled, applies to the Labour Court for the activity of the trade union or confederation to be stopped.
The court gives a period no longer than sixty days for the incompatibility with the law or the deficiency to be fulfilled. Should the by-laws or documents are not compatible with the law by the end of this period, the Court rules the trade union or confederation to be closed.
The Ministry of Labour and Social Security keeps an information record of the trade unions and confederations.
By-law
ARTICLE 7. – It is obligatory that the points below should be indicated in the by-laws of the trade unions and confederations:
a) Title, head office and address of the trade union or confederation.
b) Objective of the trade union or confederation and the subjects of activity and procedures of activity to realize this objective.
c) The service branch that the trade union will carry out activities.
d) Names and surnames, occupations or duties and addresses of the founders of the trade union; service branches and titles and addresses of the trade unions forming the confederation.
e) Terms of membership to the trade union or confederation, procedures and principles for resignation and exclusion from membership.
f) Procedures for determination of the delegates from the confederation, trade union and branch of trade union for the general assembly.
g) Duties and powers, voting and resolution procedures and quorum of the general assembly.
h) Procedures for election to the compulsory organs, other than the general assembly, of the trade unions and confederations, number of principal and alternate members, their duties and powers.
i) Qualifications to be looked for in the administrators of trade unions and confederations.
j) Procedures and principles regarding establishment of the branches of the trade union, their duties and powers, meetings and resolutions of general assemblies and representation of the branches in the general assembly of the trade union.
k) Procedure for determination of membership dues.
l) Procedure for internal auditing of the trade union or confederation.
m) Points regarding the way of expenditures, delegation of powers and their limits.
n) Procedure for amendment of the by-law.
o) Procedure for liquidation of assets in case of dissolution or voluntary dissolution of the trade union or confederation, amalgamation with another trade union or confederation or closure by court decision.
p) Names, surnames and addresses of the members of the temporary board of directors authorized to manage the works and represent the institution till the compulsory organs of the trade union or confederation are formed.
r) Procedures for determination of the authorized board in the election of the representatives of the trade union and confederation, qualifications of the representatives and removal from office.
s) Provisions regarding protection of incomes and the minimum stock of cash to be reserved for compulsory expenses.
t) Procedures and principles to be applied in sale and cancellation of entry of furnitures and fixtures.
CHAPTER TWO
Organs and Elections
Compulsory organs
ARTICLE 8. – Compulsory organs of trade union branches, trade unions and confederations are general assembly, board of directors, supervisory board and disciplinary board.
Trade unions and confederations can establish other organs, provided that they do not assign duties, powers and liabilities of the compulsory organs.
Names and surnames, occupations and duties, and addresses of the members selected for compulsory organs, and amendments made to the by-laws and opened, closed and amalgamated branches are notified to the Office of Governor of the district where the branch of trade union, trade union or confederation is located, to the Presidency of State Personnel Department and Ministry of Labour and Social Security within thirty days.
Formation of general assemblies
ARTICLE 9. – General assemblies of the trade unions and branches of trade unions are composed of the members.
General assemblies could be made by delegates should the number of members of the trade union exceeds one thousand, and the number of members of the branch of trade union exceeds five hundred.
Delegates are elected by the members based on the principles of secret ballot, open counting and detailed presentation and the provisions of the by-laws of the trade union.
General assemblies of confederations are composed of a maximum of five hundred delegates selected by the member trade unions. Number of delegates to represent member trade unions in the general assembly shall be determined by the by-laws of confederation.
Members of the board of directors and supervisory boards of the branches of trade unions, trade unions and confederations, in these capacities, participate in their general assemblies as delegates.
Title of delegate, continues till the election for delegates to be made for subsequent ordinary general assembly.
No provisions preventing election as delegates can be inserted in by-laws.
Meeting time and quorum for decision of general assemblies
ARTICLE 10. – First general assembly of trade unions or confederations is held within six months following their acquisition of artificial personality.
Ordinary general assembly is held every three years. It can be assembled within a shorter period provided that stated in the by-laws.
It is obligatory to send the activity and account report, supervisory board and auditor report pertaining to the period within the two general assemblies and the proposal of budget for the next period to those who are to participate to the general assembly, at least fifteen days before the date of meeting.
Extraordinary general assembly is held in any situation the board of directors or supervisory board deems necessary or upon the written application of at least one fifth of the members or delegates of the general assembly not later than sixty days.
Summons to the general assembly is made by the board of directors.
Quorum for meetings is the absolute majority of the total number of members or delegates. Should quorum is not present in the first meeting, the second meeting can be postponed for a maximum of fifteen days. Absolute majority is not a must in this meeting.
Quorum for decisions is the absolute majority of members or delegates present in the meeting.
The board of directors of the branch of trade union, trade union or confederation, who act contrary to the above provisions, are removed from office upon the application made by one of the members or by the Ministry of Labour and Social Security who determines the situation, with the decision of the court responsible for labour suits. In this case the responsible court, in accordance with the provisions of the Civil Code, appoints one or three curators, to convene the general assembly within the earliest period possible in accordance with the provisions of the law and by-laws and to carry on current affairs till the new board of directors is elected.
Principles to be applied in elections
ARTICLE 11. – Elections in the general assemblies are carried out under the judicial supervision in accordance with the principles of free, equal, secret ballot and open counting and presentation.
In points regarding general assembly meetings, elections to be made in general assemblies, objections to elections, annulment and new elections, provisions in the articles with Nos. 14 and 52 of the Law of Labour Unions are applied.
Procedures and principles regarding the elections are stated in the by-laws of trade unions and confederations.
Duties of general assemblies
ARTICLE 12. – Duties and powers of the general assemblies are as follows:
a) Elections for organs;
b) Amendment of by-laws;
c) Negotiation and acquittal of the reports of the board of directors and the supervisory board;
d) Negotiations on the working program and the budget prepared by the board of directors and making a decision about them;
e) Delegation of power to the board of directors on subjects mentioned in the by-laws of the trade unions and confederations;
f) Delegation of power to the board of directors on purchase of immovable properties and on sale of present immovable properties;
g) Determination of any remunerations to be given to the members of the board of directors of the trade unions and confederations and attendance fees and travel allowances for other functionaries;
h) Opening of branches of trade unions or delegation of power to the board of directors in this subject, amalgamation or closing of branches;
i) Amalgamation with or affiliation to another trade union, provided that it is in the same service branch;
j) Amalgamation with or affiliation to another confederation;
k) Becoming a member to or resignation from the confederations;
l) Becoming a member to or resignation from the international institutions convenient with its objectives;
m) Making a decision on dissolution;
n) Execution of other operations assigned to the general assembly by the legislation or the by-laws, and making decisions on subjects not included in the duties of other organs.
General assemblies of the branches execute only the duties mentioned above in paragraphs (a), (c) and (n).
Formation, duties and meetings of board of directors, supervisory board and disciplinary board
ARTICLE 13. – Board of directors of branches of trade unions or trade unions are composed of at least three and at most seven members; board of directors of confederations are composed of at least five and at most seven members.
Disciplinary boards are composed of at least three and at most five members; supervisory boards are composed of at least three members. In the branches, one member may be sufficient.
Formation, duties and powers of the board of directors, supervisory boards and disciplinary boards and other organs which are approved to be established, and their meeting and decision procedures are regulated in the by-laws of trade unions and confederations in accordance with the principles mentioned in the articles with Nos. 16, 17, 18 and 19 of the Law of Labour Unions.
PART THREE
Membership and Guarantees
CHAPTER ONE
Membership
Acquisition of membership to trade union
ARTICLE 14. – It is free to become members to trade unions.
Public servants can become members to the trade unions which are established in the service branch of the workplace they work.
Membership is acquired by acceptance of the authorized organ of the trade union.
Unless the application for membership is refused by the trade union within a maximum of 30 days, the request for application is considered as accepted. A public servant, whose application has been refused without a justified reason has the right to appeal to a regional court of law responsible for labour suits within thirty days following the notification of this decision.
Trade union, submits one copy of the application certificate of the public servant whose membership has become definite to himself; one copy is kept in the trade union; one copy is submitted to the employer as a basis for his membership dues and to be kept in his file; and one copy is submitted to the Ministry of Labour and Social Security as attached to a list in February, May, August and November of each year.
No one can become members to more than one trade union. In case of membership to more than one trade union, the following memberships are invalid.
Those who can not become members to trade unions
ARTICLE 15. – Those mentioned below can not be members to the trade unions established in accordance with this Law and can not establish trade unions:
a) Public servants employed in General Secretariat for Turkish Grand National Assembly, General Secretariat for Office of President, and General Secretariat for National Security Council;
b) Chairmen and members of higher judicial organs, judges, prosecutors and those considered to be members of this profession;
c) With respect to the establishments and institutions included in the scope this Law those people who are undersecretaries, chairmen, general directors, presidents and assistants to presidents of departments, members of board of directors, directors of supervisory units of central organizations and chairmen of boards, legal consultants, top directors of regions, districts and sub-district organizations and other public servants with equal or higher ranking, top directors and assistants to the top directors of workplaces employing 100 or more public servants, mayors and vice-mayors;
d) Chairman and members of the Higher Education Council and chairman and members of the Higher Education Supervisory Council, rectors of universities and higher technology institutes, deans of faculties, principals of institutes and junior colleges and their assistants;
e) Directors of civil administration;
f) Members of the Armed Forces;
g) Civilian officials and public servants employed in the permanent staffs of Ministry of National Defence and Turkish Armed Forces (Command of Gendarmerie and Command of Coastal Security included);
h) Employees of National Intelligence Organization;
i) Central supervision staff of the establishments and institutions included in the scope this Law;
j) Security services personnel and other personnel employed in other services in the security organization and special security personnel of the establishments and institutions;
k) Public servants employed in establishments for execution of sentences.
Termination of membership
ARTICLE 16. – Any member may resign from membership freely.
Resignation from membership is realized with the statement of resignation request to the trade union. The functionary of the trade union whom the statement for resignation is made is obliged with registration of the fact in the record book and issuance of a certificate to the member immediately. Trade unions are obliged to submit to the Ministry of Labour and Social Security a copy of these resignation statements as attached to a list in February, May, August and November of each year. The person resigned from membership, submits a copy of the statement to the employer to be kept in his file.
Resignation is effective one month later following the date of application to the trade union. In case the resigned becomes member to another trade union within this period, his membership to this new trade union is acquired at the end of this period.
Decision for exclusion of the member is given by the general assembly. The decision of exclusion is notified to the person excluded and the employer in writing. The member has the right to appeal to a competent court of law for suits within fifteen days following the notification of this decision. The court makes its final judgment within two months. Membership is effective till the decision for exclusion becomes final.
Memberships, and duties in trade union branches, trade unions and confederations, if any, of those members who have departed from public service due to resignation, exclusion and other reasons, and those who have been appointed to an establishment in another service branch are terminated. Duties in the organs of trade union branches, trade unions and confederations of those who have retired continue till the end of the term they have been selected.
Employers, as of the end of May and November, are obliged to submit to the Ministry of Labour and Social Security, in computer media, the data concerning the public servants who are members to trade unions with respect to the distribution of trade unions and the data concerning those whose memberships have been terminated or suspended in their establishments.
The Ministry of Labour and Social Security, sends all data concerning the records of trade unions and memberships to the Presidency of State Personnel Department within one month.
Membership to confederations and international institutions
ARTICLE 17. – A trade union can become member to only one confederation. In case of membership to more than one confederation, the following memberships are invalid.
A trade union or confederation can freely become a member to or resign from membership of any international institution convenient with its objectives.
The relevant institution notifies the Ministry of Labour and Social Security on the subject within fifteen days following the date it becomes a member to or resigns from the membership of any international institution convenient with its objectives. A copy of the by-laws of the institution, membership of which has been acquired, is attached to the declaration of membership.
Trade unions and confederations are free, without prior permission, to invite to Turkey the members and representatives of the international institutions in foreign countries convenient with their objectives, and to send their members and representatives to the meetings abroad.
CHAPTER TWO
Guarantees
Guarantees for members and administrators of trade unions
ARTICLE 18. – Public servants can not be subject to a different treatment or can not be removed from office due to participation to the activities of trade unions or confederations, which are mentioned in this Law, outside the working hours or within the working hours with the permission of the employer.
Public employer can not treat unequally to public servants based on their being or not members to trade unions.
Those elected for the boards of trade unions or confederations are considered in leave without salary in their establishments for a period beginning from the date of their election, to the end of their duties.
Duties in the organs of trade unions and confederations of those who become candidates for local and general elections are suspended for the period of candidacy. Their duties are terminated in case they are elected.
Branches of trade unions are established by at least 500 members. In branches of trade unions with 500 to 3,000 members, one member of the board of directors; in branches of trade unions with 3,001 to 5,000 members, two members of the board of directors; in branches of trade unions with 5,001 to 7,500 members, three members of the board of directors; in branches of trade unions with 7,501 to 10,000 members, four members of the board of directors; and in branches of trade unions with 10,001 or more members, five members of the board of directors are considered in leave without salary by the decision of the general assembly.
These terms of the public servants are evaluated in their retirement degrees provided that they accept their retirement deductions and amounts are sent by the trade unions, which they are the administrators in, to the Pension Fund of the Republic of Turkey.
The members of the board of directors of the branches of trade unions, other than those considered in leave without salary, continue their duties in the public establishments.
In case that one of the members, who is considered in leave without salary, leaves his duty in the organs of the trade union or confederation and applies in writing to his establishment or institution within a period of one month following the termination of his duty, the public employer is obliged to appoint this person to his previous position or to another appropriate position. Those who do not make an application to begin their duties within a period of one month are considered to have resigned from their offices.
In case of temporary removal from office, retirement by decision of administration, removal from office, appointment, etc., if the functionary appeals to a court of law, his duty in the trade union continues till the decision of the court becomes final.
PART FOUR
Activities, Prohibitions and Administrative Boards
CHAPTER ONE
Activities and Prohibitions
Powers and activities of trade unions and confederations
ARTICLE 19. – Trade Unions and Confederations of Public Servants are authorized to participate in collective bargaining, to conclude collective bargaining and become parties, in the name of their members, within the limits of the provisions of this Law.
Trade unions and confederations, in the direction of their establishment objectives, can be occupied with the below activities:
a) To send representatives to the administrative boards among their members to express opinion, in general on the improvement of the rights and duties, conditions of working, responsibilities, work security and conditions of health of the public servants and to follow the implementation of the agreement texts on which agreed at the end of the collective bargaining;
b) To send representatives to various boards where representation of the public personnel is stipulated by the legislation of state personnel;
c) To carry out productivity studies, to prepare reports on their results, to make proposals and carry out joint studies with the employer on this subject;
d) To make organizations for courses, seminars and social meetings, carry out scientific studies and make publications for the progress of occupational proficiencies of the members and solution of their problems and development of the unionist activities;
e) To carry out studies and make suggestions to be submitted to the relevant establishments and competent authorities in subjects related with the common economic and social rights and benefits of the members and in subjects related with the personnel law;
f) To represent the members and their heirs or to have them represented before all levels of the administrative and judicial organs, to file suits, or to become a party in such suits in the disputes to emerge between the members and the administration, in the following of the common rights and benefits of the members, or in case legal assistance is required;
g) To establish and administer training and health facilities, recreation facilities, sport fields and similar facilities, libraries, nursery schools, kindergartens and rest homes, credit unions for the benefit of the members and their families and to help establishment of cooperatives for the members, provided that not to make any donations, and to give credits to these cooperatives, provided that not exceeding more than ten percent of its cash assets;
h) In case of natural disasters such as fire, flood and earthquake, to establish dwellings, health and education facilities in the disaster regions and without seeking for membership, provided that not exceeding more than ten percent of its cash assets, and to make cash and in kind aids to public establishments and institutions for this purpose.
Prohibitions
ARTICLE 20. – Administration and management of the trade unions and confederations established in accordance with this Law can not be contrary to the characteristics of the Republic and democratic principles as stated in the Constitution.
Trade unions and confederations can not accept pecuniary aids from public authorities, can not receive pecuniary aids from political parties and can not give pecuniary aids to the same.
Trade unions and confederations can not take place in the establishments of political parties, and can not use title, emblem, sign and symbol of political parties.
Trade unions and confederations can not be occupied in trading.
CHAPTER TWO
Administrative Boards
Supreme Administrative Board
ARTICLE 21. – A Supreme Administrative Board is established to express opinion to the Public Employer Board as a basis of the collective bargaining for the rights, duties and conditions of working of the public servants to be regulated and decisions for equal implementation of laws on the public servants to be taken, and to follow the implementation of the agreement texts on which agreed at the end of the collective bargaining.
Supreme Administrative Board, at the chairmanship of the Undersecretary of the Prime Ministry, is composed of the below mentioned public employer representatives and the fifteen representatives to be selected among the members of the three confederations, in a ratio of their members, which include the most public servants in their compositions.
Public employer representatives to be involved in this Board are as follows:
a) Undersecretaries of the ministries and other public establishments and institutions;
b) President of the State Personnel Department;
c) President of the State Institute of Statistics;
d) General Director of Local Administrations of the Ministry of Interior;
e) General Director of Budget and Financial Control of the Ministry of Finance;
f) General Director of Labour of the Ministry of Labour and Social Security;
g) Presidents of the Independent Presidencies;
h) Public Employer Union.
The Board is convened at least once a year, except for the compulsory conditions.
The Ministry of Labour and Social Security presents to the Board a report including the number of members of the trade unions and confederations, their distributions, and other relevant information.
Administrative boards of establishments
ARTICLE 22. – Administrative boards of establishments are formed to express opinion on the working conditions of public servants and for equal implementation of laws on the public servants; these boards are composed in equal numbers of public employer representatives and those representatives to be determined by the trade union that include the most members in its composition.
Workplace trade union representatives
ARTICLE 23. – The trade union, which has registered the most members from the public servants in the workplaces, is authorized to select the workplace trade union representative.
Trade union representatives are selected by the authorized boards, which are mentioned in the by-laws of the trade unions, from the workplace for one term of the general assembly to listen the problems in the workplaces of their members with the employer or workplace, to forward these problems to the relevant authorities, and to ensure communication between the trade union and the employer.
The number of representatives for the trade union, which has enrolled the most members from the public servants is maximum one, where the number of public servants in the workplace is 20 to 100; is maximum two, where the number of public servants in the workplace is 101 to 500; is maximum three, where the number of public servants in the workplace is 501 to 1,000; is maximum five, where the number of public servants in the workplace is 1,001 to 2,000; and is maximum seven, where the number of public servants in the workplace is more than 2,000. One of these representatives is delegated by the trade union as the chief representative. Trade union representatives perform their duties in the workplace for a period of two hours a week. These representatives are considered on leave in these periods.
Public employer ensures the possible means for the trade union representatives within and outside of working hours in a way not preventing the operation of the administration and services.
PART FIVE
Incomes, Expenses and Supervision of Trade Unions and Confederations
CHAPTER ONE
Incomes and Expenses
Incomes
ARTICLE 24. – Incomes of the trade unions and confederations are composed of the following:
a) Dues to be paid by the members;
b) Incomes to be achieved from the activities performed in accordance with this Law;
c) Grants and assistances;
d) Incomes to be achieved from estates.
Trade unions and confederations can not receive grants and donations from foreign sources, other than the international establishments which themselves or the Republic of Turkey is a member to, without the permission of Council of Ministers.
Trade unions and confederations are obliged to deposit their all cash incomes in bank accounts. The minimum stock of cash to be reserved for compulsory expenses is stated in their by-laws.
Membership dues
ARTICLE 25. – Membership dues for the trade unions which have enrolled more than five percent of the public servants working in the same service branch are deducted by the public employer, in accordance with the request of the members in their membership declarations, in the scope of the article with No. 14, from their salaries and deposited within a period of five days to the bank accounts of the trade unions and a copy of the payment list is forwarded to the related trade unions.
The amount of the monthly payment can not exceed one thirtieth of the net total of the salary, base salary, seniority salary, any increments and allowances and payments of a civil servant at the first rank of the 15th degree.
No provisions can be inserted in the by-laws of trade unions stipulating other deductions, whatsoever their names are, to be made from the members.
It is obligatory for the trade union to notify to the employer those persons, whose memberships are terminated for whatsoever reason, within five working days.
The amount of dues to be paid by the members to the confederations is determined by the general assemblies of the confederations, provided that it shall not be lower than five percent of the amount of dues paid to the trade unions.
Expenses
ARTICLE 26. – Trade Unions and confederations can not spend their incomes for purposes other than those mentioned in their by-laws and activities mentioned in this Law and can not donate them.
Trade Unions and confederations are obliged to spend at least ten percent of their incomes for the improvement of occupational knowledge and experience of their members.
All belongings and materials, which are considered furnitures and fixtures in accordance with Taxation Procedure Law, are registered in the book of furnitures and fixtures, and these items can not be treated as expenses by no means.
Branches of trade unions, trade unions and confederations can not give loans to their members, administrators and other persons and institutions other than through the credit unions, and can not distribute the incomes achieved.
The books to be kept by the trade unions and confederations, their way of ratification, the procedures and principles for the records are determined by a regulation. Accounting records are kept according to the balance sheet principles.
CHAPTER TWO
Supervision
Administrative and financial supervision
ARTICLE 27. – Administrative and financial supervision of the administration and operation of the branches of trade unions, trade unions and confederations and their incomes and expenses and any transactions related with them, to check whether these are in conformity with the laws and other relevant legislation and by-laws and decisions of the general assemblies are carried out by the supervisory boards or auditors. The provisions of the by-laws stipulated in accordance with the article with No. 47 of the Law of Labour Unions are implemented for the principles of supervision.
Annual accounts of the trade unions and confederations are audited by the members of profession who have acquired audition power in accordance with the Law dated 1.6.1989 with No. 3568, and an independent auditing report is prepared. These reports are presented to the general assembly.
Trade unions and confederations send their balance sheets and accounts and auditing reports for each account or budget period to the Ministry of Labour and Social Security within three months following the relevant period; trade unions send the same also to the confederations they are affiliated to.
PART SIX
Collective Bargaining
CHAPTER ONE
General Provisions
Scope of collective bargaining
ARTICLE 28. – Collective bargaining include the coefficients and indexes, salaries and remunerations, any increments and allowances, overtime payments, travel allowances, rewards, lodgings allowances, birth, death and family allowances, treatment allowances and funeral expenses, food and clothing benefits, and other benefits of this type improving activity and productivity.
Parties
ARTICLE 29. – The parties of the collective bargaining are the Public Employer Board, on behalf of the public employers, and the authorized trade unions for public servants established in each service branch and the confederations which they are affiliated, on behalf of the public servants.
The Public Employer Board is composed of the following public officials at the presidency of a State Minister to be charged by the Prime Minister:
a) Undersecretary of the Prime Ministry;
b) Undersecretary of the Ministry of Finance;
c) Undersecretary of the Treasury;
d) Undersecretary of the State Planning Organization;
e) President of the State Institute of Statistics;
f) President of the State Personnel Department;
g) General Director of Budget and Financial Control of the Ministry of Finance;
h) Public Employer Union.
The authorized trade unions for public servants and the confederations which they are affiliated to participate in the negotiations in the same number with the members of the Public Employer Board.
Parties may establish pre-study groups with the participation of officials in equal number for the acceleration and completion of studies related with the collective bargaining.
CHAPTER TWO
Collective Bargaining, Power, Agreement Text
Power
ARTICLE 30. – The trade union in each service branch with the most members and the confederations which they are affiliated to are authorized to carry out collective bargaining. The representative of confederation with the most members is the chairman of the collective bargaining committee.
The Ministry of Labour and Social Security, considering the membership declarations made by the trade unions for public servants, determines the number of members of the trade unions as of the date of 31 May; the Ministry accordingly determines the authorized trade unions for public servants in each service branch and the confederation with most members, and the results are published in the Official Gazette in the first week of July. The number of members and the authorized trade unions for public servants in each service branch and the power of the confederation with the most members become final unless no objection is made to these results within five working days.
Objection to power
ARTICLE 31. – Other trade unions and confederations can make objections within five days following the publication of the results before the Ankara Labour Court with the claim that the authorized trade unions for public servants in each service branch and the confederation with most members which have been determined as authorized by the Ministry of Labour and Social Security do not have majority.
The court makes its decision on the objection within fifteen days.
Meeting of parties
ARTICLE 32. – The authorized trade unions for public servants determined according to service branches and the confederations which they are affiliated to and the Public Employer Board convene in the fifteenth day of August of each year with no invitation required at a place determined by the Presidency of State Personnel Department and notified to the parties one week before the meeting.
The secretariat services for the collective bargaining are performed by the Presidency of State Personnel Department.
Agenda of collective bargaining
ARTICLE 33. – Public Employer Board, considering the proposals made by the Supreme Administrative Board, presents the information and documents related with the subjects in scope of the collective bargaining to the Board and collective bargaining starts.
Parties present their proposals as a basis for the collective bargaining.
The agenda of the collective bargaining is prepared taking into consideration the preparation studies and these proposals.
Procedures for the negotiations are determined by the parties.
Conclusion of collective bargaining and agreement text
ARTICLE 34. – Collective bargaining is concluded at the end of fifteen days the maximum. In case an agreement is reached at the end of this period, the agreement text drafted is undersigned by the parties.
The agreement text is presented to the Council of Ministers for appropriate administrative, executive and legal regulations to be made. The Council of Ministers performs the appropriate administrative, executive and legal regulations related with the agreement text within three months, and submits the drafts of laws to the Turkish Grand National Assembly.
CHAPTER THREE
Procedures for Settlement of Disputes
Determination and settlement of disputes and Conciliation Board
ARTICLE 35. – In case the parties can not reach to an agreement at the end of the period for the conclusion of the collective bargaining, one of the parties can call the Conciliation Board to the meeting within three days.
The Conciliation Board, at the chairmanship of the President of the Supreme Arbitration Board, is composed of four university teachers to be elected by the Inter–Universities Board from the departments of labour economics, labour law, administrative law and public finance, one member from each department. These members can not take place in the central decision and execution boards of political parties. Members are elected for a period of two years. Members whose term have terminated can be re-elected. The secretariat services for the Board are performed by the Presidency of State Personnel Department.
The Conciliation Board examines the disputes, listens to the representatives of the parties to the collective bargaining if necessary, and makes it decision within five days. The decisions are made with absolute majority.
A meeting remuneration determined through the multiplication of the monthly coefficient determined according to the article with No. 154 of the Law for Civil Servants with No. 657 and an index of 1100 for the chairman and 1000 for the members is paid for each meeting day.
In case, the parties agree the decision of the Conciliation Board, this decision is submitted to the Council of Ministers as the agreement text. However, if the parties do not agree with the decision of the Conciliation Board, the subjects agreed and the disputes are determined with a report and undersigned by the parties, and this report is submitted to the Council of Ministers.
PART SEVEN
Miscellaneous, Transitory and Final Provisions
CHAPTER ONE
Miscellaneous Provisions
Affiliation and amalgamation of trade unions and confederations
ARTICLE 36. – In case a trade union affiliates to another trade union or a confederation affiliates to another confederation with the decision of General Assembly, all rights, debts, powers and benefits of the trade union or confederation, which has affiliated to another, are automatically passed to the trade union or confederation which has been affiliated in.
All rights, debts, powers and benefits of the trade unions or confederations amalgamated are automatically passed to the new artificial personality formed as a consequence of the amalgamation.
Members of the trade unions or confederations, which have affiliated to or amalgamated according to the provisions of this article, become the members of the trade union or confederation took over or new established, with no extra transactions necessary.
Other procedures and principles related with amalgamation are stated in the by-laws of the trade unions and confederations.
Closure
ARTICLE 37. – Trade unions or confederations who act contrary to the characteristics of the Republic and democratic principles as stated in the Constitution, is closed by the decision of the local court of law responsible for labour suits upon the request of the Chief Public Prosecutor charged at the location of the head office of the said trade union or confederation.
Procedures in accordance with the article with No. 54 of the Law of Associations with No. 2908 are executed against the branch of trade union, trade union or confederation who act contrary to the above paragraph.
Provisions related with fines
ARTICLE 38. – Whoever acts:
a) contrary to the provisions in the articles with Nos. 20, 24 and 26 of this Law is sentenced with imprisonment for a period of six months to one year; and,
b) branch of trade union, trade union or confederation who acts contrary to the provisions in the articles with Nos. 8, 14, 16 and 17 of this Law is sentenced with heavy fine not less than two hundred million liras.
Appointment of curator in cessation of activity
ARTICLE 39. – Management of the properties, protection of the benefits, and convention of a general assembly to ensure activity following the end of the cessation period of a trade union or confederation whose activities have been ceased are ensured by one or three curators to be appointed in accordance with the provisions of the Civil Code.
Transfer of property in case of dissolution, voluntary dissolution and closure
ARTICLE 40. – In case of dissolution, voluntary dissolution and closure, properties are liquidated according to the provisions in the article with No. 46 of the Law of Labour Unions with No. 2821.
However, money and properties to remain following the liquidation is transferred to the Treasury, provided that there are no contrary provisions in the by-laws of the related trade union or confederation.
Regulations
ARTICLE 41. – With respect to the implementation of this Law, the following points are determined by the regulations to be prepared jointly by the Ministry of Finance, Ministry of Labour and Social Security and Presidency of State Personnel Department through taking into consideration the views of the confederations of trade unions of public servants, within four months following the publication of this Law:
a) Service branches of the establishments;
b) Application documents for membership to trade unions and confederations and the procedures and information to be included in resignation declarations;
c) Formation and procedures and principles of working for Supreme Administrative Board, Public Employer Board and Administrative Boards of Establishments;
d) Procedures and principles for determination of the number of members of trade unions and determination of trade unions for public servants in each service branch and confederations they are affiliated to;
e) Books to be kept by the trade unions and confederations, their way of ratification, the procedures and principles for the records;
f) Procedures and principles of working of the Conciliation Board and the performance of services;
Following of the implementation
ARTICLE 42. – With respect to the implementation of this Law:
a) The Ministry of Labour and Social Security is authorized to resolve the problems to be encountered in the establishment of trade unions and confederations of public servants, formation of authorized organs, procedures for working and duties of these organs, rights and responsibilities and activities of trade unions and confederations as artificial persons; and,
b) Presidency of State Personnel Department, through consulting the Ministry of Finance and the Ministry of Labour and Social Security, is authorized to resolve the problems to be encountered related to personnel issues.
The Ministry of Labour and Social Security, the Ministry of Finance and the Presidency of State Personnel Department can make joint studies upon the request of one of these establishments on issues mentioned above or other issues considered necessary. The representatives of the confederation of trade unions of public servants, which send representatives to the Supreme Administrative Board, are invited to these studies.
Implementation of other Laws
ARTICLE 43. – In cases where no provisions are stipulated in this Law, the Law of Labour Unions with No. 2821, the Law of Associations with No. 2908, the Turkish Civil Code with No. 743, and as for those persons to work in trade unions and confederations, the relevant provisions of the personnel laws which apply to the public servants, shall be implemented.
Amended provision of law
ARTICLE 44. – The wording “confederation with the most members in the name of public servants… ” has been inserted in the article with No. 2 of the Law on Procedures and Methods of Establishment and Working of Economic and Social Council dated 11.4.2001 with No. 4641 to follow the wording of “the Turkish Union of Chambers and Commodity Exchanges”.
CHAPTER TWO
Transitory and Final Provisions
Assignment of allocation
PROVISIONAL ARTICLE 1. – An appropriate amount of allocation is transferred from the transfers part of the budget of the Ministry of Finance into the relevant parts of the budget of the Ministry of Labour and Social Security for expenses to be made in accordance with this Law.
Assignment of posts
PROVISIONAL ARTICLE 2. – For the implementation of the services presented with this Law, the posts included in the attached schedule with No. (1) has been created to be used in the central organization of the Ministry of Labour and Social Security and added into the schedules of the Decree having Force of Law with No. 190 related with the section of the mentioned Ministry.
PROVISIONAL ARTICLE 3. – With respect to trade unions to be established following the entry into force of this Law, for the trade unions, as determined by the Ministry of Labour and Social Security and published in the Official Gazette, those in transportation services, public works, construction and rural services and banking and insurance service branches with 1,500 members, for energy, industry and mining services and agriculture and forestry service branches with 3,000 members, for press, publication and communication services and local management service branches with 4,000 members, for office services and health and social service branches with 10,000 members, for education, training, science and culture service branches with 18,000 members or more and the trade unions within the confederations with 35,000 or more public servant members, the ratio of ‘five percent’ mentioned in the first paragraph of the article with No. 25 of this Law shall not be implemented for a period till the trade unions of public servants and the confederations they are affiliated to, which are authorized to perform collective bargaining in 2002 are determined by the Ministry of Labour and Social Security.
In accordance with the above paragraph, following the publication of the determination in the Official Gazette, the salaries and personal rights of the relevant persons regarding their terms with ‘leaves without salaries’ are paid to them.
PROVISIONAL ARTICLE 4. – Till to the publication date of this Law, no administrative, financial and judicial proceedings shall be applied against the public servants due to their conclusion of collective labour agreements with representatives of public officials and those commenced shall be terminated, provided that these do not include criminal aspects and no judicial decision has become final.
PROVISIONAL ARTICLE 5. – The regulations stated in the paragraphs (a), (b) and (e) of the article with No. 41 of this Law shall be put into force within thirty days following the entry into force of this Law.
PROVISIONAL ARTICLE 6. – The Institutions of public servants active as of the date of publication of this Law are obliged to:
a) Convene their extraordinary general assemblies according to their present by-laws, and regulate their by-laws and organizations according to the provisions of this Law; and
b) Convene their first ordinary general assemblies according to the new organization and by-laws,
within eight months following the entry into force of this Law.
The institutions which have not regulated their new by-laws and not convened their first ordinary general assemblies according to this Law, within the stipulated period, can not use the rights and powers of trade unions as mentioned in this Law.
c) Trade unions which have regulated their by-laws according to this Law, following the publication of this Law, shall re-arrange all membership documents according to the provisions of the new regulations which are to be drafted according to this Law, and send one copy of the same to the Ministry of Labour and Social Security within two months following the date of ordinary general assembly.
d) Till the authorized trade unions in respect of service branches are determined, deduction of the membership dues shall be continued at the source without the ratio condition sought.
PROVISIONAL ARTICLE 7. – Payment of personal rights of the administrators of the trade unions and confederations of public servants active following the entry into force of this Law shall be continued till the authorized trade unions are determined.
PROVISIONAL ARTICLE 8. – Trade unions of public servants, which are established as of the date of the entry into force of this Law, can transfer their assets, rights and debts to any trade union, confederation or any establishment considered by the Council of Ministers as working for public interest, within three months with the decision of the general assembly. Procedures for transfer and assignation are free from any tax, duty and fees.
Effectiveness
ARTICLE 45. – This Law shall come into force at the end of 30th day following its publication.
Execution
ARTICLE 46. – Provisions of this law are executed by the Council of Ministers.
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