Employee organization management and assurance

Union right and freedom as a fundamental human right is an indispensable element of democracy. For this reason, it is protected by both international and national regulations. Unions and confederations, called organizations, are the means of using freedom of the union concretely. Labor organizations are legal entities that have an important mission in many social issues, especially in working life. They fulfill this role with the board of directors, which is the body of management and representation. The members of the board of management are called organization managers. Organization managers must be protected specially because of their positions and duties. In our law, managers of labor organizations are divided into two as professional and amateur managers. Professional managers are the ones who end their work in the workplace and devote all their work to the management of the organization. Amateur managers are those who work in the workplace while at the same time working as organization managers. For the first time, assurance was provided to the managers of unions and confederations, which were defined as professional organizations by law No. 274. The employee who ceased to work in the workplace because he/she was a union and confederation manager could apply to the employer to be hired within three months of the termination date if his/her job as manager was terminated due to the reasons specified in the law. The employer had to hire these people immediately if there was an empty place in the workplace, or when the place was empty, in accordance with the current conditions. Otherwise, when the place is vacant, he/she must employ according to the appropriate conditions at the time. They were also able to continue their insurance rights at the workplace they left by paying the insurance premiums themselves. Those who performed their duties as managers without leaving the workplace were assured that their employment contracts could not be terminated because of these duties in the first state of the law. However, with the subsequent regulation, this assurance granted to amateur managers was removed. With Law No. 2821, only professional managers were assured. For the reasons stated in the law, the persons who ended their managerial duties had to apply to the employer to be hired within three months of the expiration date. The employer had to hire these people. In violation of this obligation, the employer who did not hire the persons who ended their managerial duties could be punished with an administrative fine. By paying the insurance premium oneself, the professional manager was able to continue the insurance rights they had in the workplace where they left. Various assurances were provided to both types of managers by law No. 6356. The first assurance provided to professional managers is that the employment contract is suspended. In addition, these persons are entitled to severance pay at the time of the manager's election or by terminating the employment contract within their management duties. The managers who do not terminate the employment contract, that is, whose contract is suspended and whose duties are terminated due to the reasons specified in the law, may request to be started from the employer within one month from the date of termination. If they are not hired, the employment contract is deemed terminated by the employer. Professional managers, except for the reasons specified in the law in case of termination of their executive duties, can only claim severance pay. In addition, these managers are considered general health insurance during their duties. General health insurance pins are paid by labor organizations. Amateur managers, on the other hand, have been protected against annulments without justified reason and without clear and definite explanation of this reason. In addition, amateur managers are protected against workplace changes and fundamental changes in working conditions without their written consent. Keywords: Freedom of Union, Employee Organization Management, Employee Organization Management Assurance, Professional Managers, Amateur Managers