ABSTRACT

Following deliberations over various draft proposals and sustained efforts of social dialogue between the stakeholders during the past decade, the Turkish legislature has finally enacted the new industrial relations legislation, the Labor Unions and Collective Agreements Act of 7 November, 2012, no.6356. Aiming to bring the labor relations law of Turkey into conformity with ILO norms on freedom of association as well as to find solutions to practical problems of implementation, Act no.6356 carries various positive provisions, but it also seems flawed in certain respects, i.e. the somewhat fuzzy loophole in the protection of the worker against acts of antiunion discrimination, maintenance of the so-called “double criteria” for collective bargaining authorization, certain strike restrictions in sectors not deemed to fall into essential services in the strict sense of the word, suspension of strikes in emergency situations. Despite the introduction of various positive elements, therefore, the new Act is likely to continue being challenged in national and international forums. This article is a general evaluation of the main changes brought about by Act no.6356