Implementation of public sector collective labor agreement framework protocol in local governments

The Public Sector Collective Labor Agreement Protocol (CLAP) was regulated through Additional Article 2, added to the Trade Unions and Collective Labor Agreements Law No. 6356 in 2017, establishing a binding framework to govern the financial and social rights of workers in the public sector (including public administrations under general governance, state economic enterprises, and local governments). This regulation was designed to be implemented through the CLAP, signed between public employer unions and labor union confederations, with the inclusion of local governments. However, various reservations and implementation deficiencies have been observed in the application of this protocol in local governments. Particularly, municipalities and municipal companies have been unable to benefit from these agreements on the grounds that they are not members of public employer unions. This situation has led to negative consequences in terms of equality, fairness, labor peace, social harmony, and the principle of the social state in local governments. However, in late 2023, the Constitutional Court annulled the legal provision regulating the binding nature of the CLAP. This study proposes the implementation of the CLAP in local governments, which would yield four significant benefits. First, the CLAP would help reduce wage and social rights disparities between public sector workers and those in local governments, thereby advancing the principle of 'equal pay for equal work.' This aligns with the requirements of the social state principle. Second, the CLAP would reduce transaction costs for the parties involved in collective bargaining processes, fostering a more efficient collective bargaining system. Specifically, instead of conducting separate negotiations for each workplace in local governments, a system where core financial and social rights are determined centrally would allow both labor unions and employers to allocate their resources more effectively. Third, the CLAP would contribute to ensuring labor peace in local governments. Addressing inequalities in wages and social rights would mitigate competition among workers and promote a more harmonious work environment. Finally, the CLAP will facilitate a more balanced industrial relations system by strengthening the role of unions in the collective bargaining process. In conclusion, the study finds that extending the benefits of the CLAP to workers in local governments would enhance the realization of the social state principle and labor peace.