ABSTRACT

It is extremely difficult to standardize legal norms regarding collective bargaining at an international level. Furthermore, the negotiation culture regarding collective bargaining in each country is different. Therefore, it is accepted within the realms of possibility to stipulate different conditions regarding the authority to conclude collective agreement on each country’s basis. Consequently, ILO doesn’t consider drawing distinction between the certified trade union and non certified trade union to be directly incompatible with freedom of association. In accordance with the Law on Trade Unions and Collective Labour Agreement No.6356, a double threshold condition has been regulated for a trade union to conclude a labour collective agreement with the intent of strong unionism. ILO criticizes the workplace and line of business threshold regulated in the Law for many years, considering them to be an obstacle to concluding collective labour agreement. On the other hand, a main issue regarding the line of business threshold occurs because of the effects of the provision regarding the objection to the statistics on the line of business (Law No.6356, Art. 41/6) on the objecting and non objecting trade unions. In this study firstly, the strong unions within the framework of international regulations will be examined. Then the regulations in our national legislation regarding strong unionism and the criticism of ILO on the issue will be reviewed. Finally, the effects of the objection to the statistics regarding the lines of business on objecting and non objecting trade unions operating in that line of business will be examined and the execution of the Ministry will be evaluated in terms of the substantive law and procedural law.