Industrial Relations -Middle East. MGT 4330. Summary. The intervene in the industrial relations system by the middle eastern governments can be very direct
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The Turkish Constitution is in theory a guarantor of trade union rights. It affirms the right for employees ‘to form labor unions.... without obtaining prior permission’ and ‘to become a member of a union
the right to be a union member may be restricted by law on the grounds of ‘national security and public order, prevention of crime or protecting public morals or public health
Moreover, ‘politically motivated strikes.., solidarity strikes…, occupation of work premises, labor go-slows and other forms of obstruction are prohibited
Turkey has been often criticized on account of ‘discrepancies between the legislation and practice
The EU has set an ambitious benchmark for the opening of negotiations – ‘To ensure that full trade union rights are respected in line with EU standards and the relevant ILO conventions, in particular as regards the right to organize, the right to strike and the right to bargain collectively.
The common form of collective bargaining is at enterprise level
A union must have attained a membership level of at least 10% in the industrial sector and at least 50% (+ 1) at the workplace concerned, to be able to engage in any collective bargaining process.
Negotiations begin and continue for a maximum of sixty days. If agreement is reached, copies are sent to the Ministry of Labor and Social Security (MLSS) for registration. If no agreement is possible, a mediator from a list approved by the MLSS is appointed by the court, and a maximum period of twenty-one days is allowed for further talks.
In fact strikes are illegal in numerous industries: for example, in the production of coal for water, electricity, gas and coal power plants; in banking and public notaries, all health, educational and training institutions.
Even if the procedures have been followed to the letter there may still be a postponement of strike action by the Council of Ministers on the grounds of a threat to general health or public security. If a strike is postponed by the Turkish authorities, then it is considered to be illegal in practice, and it is not possible to recommence industrial action.