ABSTRACT

The favourability principle is a general rule that serves to protect the employee by ensuring the application of a rule which is more favourable in labour law. As long as it is not contrary to the Constitution and the mandatory provisions, the favourability principle is used when resolving a conflict between regulatory instruments from different levels of labour law. In accordance with the article 36/1 of the Law No. 6356, this principle gives the opportunity to decide which provision is advantageous in case of conflict between the provisions of the the individual labour contract and the collective labour agreement. The interpretation of an individual labour contract provision that the provisions of the collective labour agreement regarding wages will be applied with the membership of a union, as harmonizing the collective labour agreement and the individual labour contract in terms of wages, creates a result preventing the implementation of the favourability principle