Authorization determination in Collective Labor Law

The Law on Trade Unions and Collective Labor Agreements numbered 6356, enacted in 2012, has stipulated that trade unions should be established to protect and promote the economic rights, social rights and interests of workers and employers in business relations. The law does not provide a different definition for the union of workers and employers, but the purpose of the establishment of the unions is essentially important for the labor unions. The union protects and improves the rights and interests of the member workers with the collective labor agreement, which has a great prescription in its founding and presence. Furthermore, the business relationship established at the individual level between the employee and the employer is carried to the collective level by the collective labor agreement. In terms of Law numbered 6356, the employers side of the collective labor agreement can be employer union or the employer who is not a member of the union; the workers' side of the collective labor agreement can only be labor unions. However, it is not possible for a worker who is a member of any labor union to have a collective labor agreement. To have a collective labor agreement, the union must have the capacity and authority and also it has to recognise properly as stated in Law. The construction of the collective labor agreement starts with the investigation of whether the parties have the qualifications and authority conditions. Collective bargaining requires a lengthy process with collective labor disputes and solutions. The scope of our work is limited until the beginning of collective bargaining. Accordingly, the scope of our work included the examination of collective labor contracting authority, authorization determination, authority appeal and issuance of authorization certificate, and since it is directly related to all these, it also included the ability to make collective labor contracts. Our work's topic is determination of authority in collective labor agreement and it has two chapters. It has featured that the regulations from Law numbered 275, 2822 and 6356. In addition to this, debates emerged in the doctrine of subject matter have been examined. And finally the findings related to the subject were given and the suggestions were made. Keywords: Collective Labor Agreement, Collective Labor Contracting authority, Collective Labor Contracting Authority, Authorization Determination, Authority Appeal