Termination of the collective bargaining agreement

Collective Bargaining Agreements, which are resources specific to labor law, have great importance for the workers who has benefits from these agreements and the employer or employer union that is a party to the collective agreements. Collective bargaining agreements, which make the employer's obligations equal thanks to the order it brings to the working life, and have the function of preventing unfair competition between employers; In addition to serving to establish social peace between the parties, it has an undeniable place in the rights demands of workers benefiting from these contracts. The provisions of collective bargaining agreements, which are examined under two headings, the normative part that contains the provisions regarding the conclusion, content and termination of the employment contract, and the part related to the law of obligations regulating the mutual rights and obligations of the parties, have an imperative and direct effect on individual employment contracts. It is possible for the workers to benefit from the collective bargaining agreement through methods such as being a member of a party union, paying solidarity dues, written consent and extension. The biggest reason for the termination of the collective bargaining agreement, which constitutes the main part of our work, is the expiration of the concluded collective agreement. And also; Collective labor agreements, which have the characteristics of a private law agreement of their own, may disappear due to invalidity and annulment procedures, just like any private law agreement. The normative part of the employment contract, which contains the provisions regarding the conclusion, content and termination; continuing to apply it as a labor contract provision until a new collective bargaining agreement is made reveals the institution of 'after-effect of the collective bargaining agreement', which once again reveals the importance of the effects of the provisions of the collective bargaining agreement on individual employment contracts. Although it is legally possible to adapt the provisions of the collective bargaining agreement to changing conditions, like every private law agreement, this authority has been given to the parties of the collective agreement. In exceptional cases, it is also possible to make an adaptation by the judge. The Turkish legislator has regulated that some situations will not terminate the collective bargaining agreement in the Trade Unions and Collective Bargaining Law No. 6356. Although our work is aimed at the termination of the collective bargaining agreement, these situations that do not terminate the collective agreements are also included in the content.