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The authorization of trade unions to enter into collective agreements in Turkish labour law in the light of European Union principles

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2018
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Abstract (EN)

The right to collective bargaining is a fundamental right protected under international human rights conventions, in particular the European Convention on Human Rights and the ILO conventions. The establishment of an effective collective bargaining system, considering the economic conditions of each country, has become a matter of obligation and prestige in the international arena. Turkey's adaptation to the Union acquis is possible by bringing trade union rights into line with the principles adopted in international law. In Turkish law, Article 53 of the Constitution regulates the right to collective bargaining. In the exercise of this right, the collective bargaining authority system is of great importance. The conditions of competence of trade unions to enter into collective bargaining are regulated in Chapter 8 of the Unions and Collective Labour Law No. 6356. In this paper, the grounds of the right to collective bargaining that are laid down in international and Turkish law, and the concepts of trade unions' capacity and competence are explained. The terms of competence to conclude a collective agreement constitute the focus of our work. Finally, the procedure for the determination of the collective bargaining authority of the trade union and the appeal procedure has been examined. Key Words: Collective Agreements, The Right to Enter into Collective Bargaining, The Competence of Trade Unions, The Capacity of Trade Unions, The Determination of The Collective Bargaining Authority, Appeal Procedure

Author

İpek Kocagil

How to Cite

İpek Kocagil (Doctorate thesis). The authorization of trade unions to enter into collective agreements in Turkish labour law in the light of European Union principles, 2018, Yeditepe University.

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