Annulment of the labor contracts due to trade?union facts in Turkish Labor Law

The Turkish Labor Code expresses that the em-ployee must base the annulment of labor contracts which have indefinite period of time on valid causes. This will provide security of work for the employees. The concept ?valid cause? is not defined in the Code, and the concept ?just cause? is defined by giving examples, therefore both of these concepts shall be defined with the court decisions. Being a member of a trade union or joining to its activities is not accepted as valid causes in our law system for annulment of the contract. This kind of annulment is ordered as an invalid annulment in the code. The results of the annulment due to trade-union activities facts, changes according to the employees if they are in scope of the security of employment or not. The employees which are in scope of the security of employment, could sue against the invalid annulment of the contract and reinstatement with the trial. Unless the employer accepts the employee back t his or her work, the employee could be able to demand an award of damage called security of employment damage award. The amount of the damage award could not be lower than the one-year sum of the salary of the employee. By the way the employee also takes the seperation pay and informing pay. The employees which are not in scope of the security of employment, would be able to demand the award of a damage called trade-union damage. The amount of the damage award also could not be lower than the one-year sum of the salary of the employee. By the way, for these employees, it is not possible to launch a trial to reinstatement.