The Constitutional Court has ruled that the country's legal framework fails to protect workers' rights to union benefits, including collective bargaining, due to protracted legal disputes over union recognition.
The court reviewed cases brought by the United Metalworkers' Union (Birleşik Metal-İş), which had faced delays of up to six years in union recognition disputes with employers. The court awarded 70,000 liras in compensation to the union, citing a violation of Article 51 of the Constitution, which guarantees union rights.
The delays stem from employers challenging union certifications, blocking workers' ability to sign collective agreements and access union rights. These prolonged disputes prevent unions from exercising their rights effectively, the court concluded, describing the issue as a structural one.
In a similar ruling in February 2024, the court called for reforms to ensure timely enforcement of union rights, a point reaffirmed in the latest decision.
“The law must be amended”
Birleşik Metal-İş criticized the legal system, calling for legislative amendments that would prevent employers from using lengthy legal processes to undermine workers' rights. "Despite our victory, the legal process must change," the union said, emphasizing the need for swift rulings on union certification challenges.
The case focused on disputes involving the workplaces Salko Bicycle and Nuhtel Makina, where employers filed objections to union certifications. By the time legal decisions were made, union membership had significantly dwindled, preventing the signing of collective bargaining agreements. Birleşik Metal-İş described this delay tactic as a way for employers to weaken union presence through intimidation and dismissals. (VK)
