Constitutional Court Acknowledges Violation of Union Rights of Workers Laid Off Due To Union Activities

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The Constitutional Court has ruled on the applications of Anıl Pınar and Ömer Bilge, who were laid off for participating in trade union meetings.

The court has decided, that The lay-offs have violated Pınar and Bilge's trade union rights protected under Article 51 of the Constitution.

The Constitutional Court has remanded the case to the Supreme Court of Appeals to remove the consequences of the violation.

The court costs which arose to date will be paid to the workers.

The Constitutional Court in its decision has pointed out that the firm, that laid of the applicants, had also fired other 1,151 workers who were also union members and that there were no employees left in the firm, who were union members.

Active role in union works

Anıl Pınar (27) and Ömer Bilge (36), both living in Manisa district, were laid off by their employers S.P.E.O. Corp. on February 7, 2013. The termination of their employment contract cited "underperformance" in accordance with the Articles 17 and 18 of the labour act as the reason for the lay off.

Underlining that they had participated in the unionisation and association attempts that took place together with the Turkey Petroleum Chemicals Rubber Workers Union, Pınar and Bilge have sued their company before Manisa 1st Labour Court on March 5, 2013 and demanded that the court acknowledged that the applicants were laid off due to their union activities and ruled union compensation.

The trial court observed that the reason for the lay-offs were the applicant's union activities and ruled that the applicants be paid their one-year gross wages as union compensation.

The court has also cited in its decision, that the firm could prove "underperformance" of the workers, that was given as a reason for the lay-offs.

The Supreme Court of Appeals, reversed the decision of the trial court regarding the compensation payment on May 28, 2014 and ruled that that the workers not be paid their one-year gross wages.

To challenge the Supreme Court of Appeal's decision, the workers applied to the Constitutional Court on September 17, 2014.

The Constitutional Court issuing its reasoned decision today, has remanded the case to the Supreme Court of Appeals to be retried as it observed that there was "legal interests in retrying the case in order to remove the consequences of the violation of union rights. (AS/DG)