ABSTRACT

Article 25 of the new Act on Trade Unions and Collective Agreements No. 6356 which has substituted the article 31 of the old Trade Unions Act No. 2821 has the title of ‘the guarantee of the trade union freedom”. The article consisting of nine subsections purports to provide guarantee for individual trade union freedom in terms of the workers’ recruitment, working conditions and termination of labour contract. Same as before, the guarantee relating to termination of the labour contract by the employer on the ground of trade union activities has been associated with the job security related provisions of the labour act. However in some respects it diverges from previous regulation. With the amendments, it seems positive at first sight that the removal of the application condition of compensation in case of invalid termination on the demand of union compensation in case of termination on the ground of trade union activities during the case of the reinstatement in work. However, this sight is deceptive and the amendments are bringing about new problems. In the article below, especially the part relating to the termination of the labour contract on the ground of trade union activities will be considered, the amendments will be determined and the results of those amendments will be mentioned while expressing an opinion