Art effect of collective labor agreement

In the Law No. 6356 on Trade Unions and Collective Bargaining Agreements, which has been in force since 2012, it is stated that trade unions will be established in order to protect and improve the common economic rights and social rights and interests of workers and employers in labor relations. By signing collective labor agreements, trade unions both maintain their existence and protect and improve the rights of their members. Collective bargaining agreements are usually the result of long efforts. In order to sign a collective bargaining agreement, it often takes a long time to fulfill the authorization and qualification conditions required by law, to obtain the final authorization certificate and then to proceed to the collective bargaining phase for the collective bargaining agreement. Objections to the authorization process of the unions before the signing of the collective bargaining agreement and the protracted judicial processes of these objections also delay the signing of the collective bargaining agreement. As a result of the termination of the collective labor agreement in force in a workplace/enterprise, the long duration of the conclusion of new collective labor agreements in the cases mentioned above and in similar cases has raised the problem of whether the rights obtained through the terminated collective labor agreement will continue or not. This problem is tried to be solved with the concept of after effect, which is the subject of our study. The residual effect prevents the immediate disappearance of the rights obtained through the terminated collective bargaining agreement and ensures that the provisions of the terminated collective bargaining agreements regarding the employment contract continue to exist until the new agreement is concluded. In our law, the residual effect is regulated in paragraph 2 of Article 36 of Law No. 6356. Our study on the subject of "After effect of collective bargaining agreements" consists of four chapters in total. In the examination of the subject, the abrogated Law No. 274 on Trade Unions and Law No. 275 on Collective Bargaining, Strike and Lockout, the Law No. 2821 on Trade Unions and Law No. 2822 on Collective Bargaining, Strike and Lockout and the current Law No. 6356 on Trade Unions and Collective Bargaining Agreements and the Regulations are included. In addition, this study also touches upon the discussions on the subject at the doctrinal level, the decisions of the Regional Court of Appeals and the Civil Chambers of the Court of Cassation, and the methods of implementation of the subject in German Law, which has a more established system compared to our country.