Sosyal Politika ve İş Hukuku Dergisi

dergi kapak
90
-2026-

Makalenin Dili

: TR

  • Alpay Hekimler
Kamu İhaleleri Yoluyla Toplu İş Sözleşmesi Sisteminin Güçlendirilmesi: Federal Almanya’da Yeni Kabul Edilen Federal Toplu İş Sözleşmesi Sadakat Kanununun Getirdikleri

ÖZ

Bu çalışma, Federal Almanya’da uzun süren bir hazırlık döneminin ardından kabul edilen ve 1 Mayıs 2026 tarihinde yürürlüğe giren, Federal Toplu İş Sözleşmesi Sadakat Kanunu çerçevesinde, kamu ihaleleri ile toplu iş sözleşmesi kapsamı arasındaki ilişkiyi incelemektedir. Kanun, federal kamu ihalelerinin yalnızca toplu iş sözleşmesi standartlarına uygun çalışma koşullarını sağlayan işverenlere verilmesini öngörerek, toplu pazarlık sisteminin kurumsal zayıflamasına karşı normatif bir müdahale niteliği taşımaktadır. ILO’nun 94 nolu sözleşmesini onaylamamış olan Federal Almanya için Kanun ile getirilen hükümler ayrı bir önem taşımaktadır. Düzenleme, kamu alımları yoluyla toplu iş sözleşmesi kapsamında çalışan sayısının artırılmasını, “sosyal damping”i önlemeyi, ücret rekabetini sınırlamayı ve işverenler arasında rekabet gücünü korumayı amaçlamaktadır. Çalışmada, Kanunun kapsamı, uygulama mekanizmaları, denetim sistemi ve yaptırımları genel hatlarıyla değerlendirilmekte; düzenlemenin toplu iş sözleşmesi kapsamını arttırma potansiyelinin nasıl uygulamaya alınacağı ele alınmaktadır. Sonuç olarak Kanun, toplu pazarlık sistemini güçlendirmeyi hedefleyen ve kamu ihale hukukunu sosyal politika araçlarıyla birleştiren önemli bir dönüşüm olarak değerlendirilmektedir.
Anahtar Kelimeler : Federal Almanya, Toplu İş Sözleşmesi, Toplu İş Sözleşmesinin Kapsamı, Kamu İhaleleri, Sosyal Damping
Strengthening the Collective Bargaining System Through Public Procurement: The Implications of the Newly Adopted Federal Collective Bargaining Compliance Act in Germany

ABSTRACT

This study examines the relationship between public procurement and collective labour agreement coverage within the framework of the Federal Collective Bargaining Compliance Act, which was adopted in Germany following a lengthy preparatory period and entered into force on 1 May 2026. By providing that federal public contracts may be awarded only to employers ensuring working conditions compliant with collective labour agreement standards, the Act constitutes a normative intervention against the institutional weakening of the collective bargaining system. The provisions introduced by the Act are of particular importance for Germany, which remains a country that has not ratified ILO Convention No. 94. The regulation aims, through public procurement mechanisms, to increase the number of workers covered by collective labour agreements, to prevent “social dumping,” to limit wage competition, and to preserve fair competition among employers. The study evaluates, in general terms, the scope of the Act, its implementation mechanisms, supervisory system, and sanctions, and addresses how the regulation’s potential to expand collective labour agreement coverage may be put into practice. In conclusion, the Act is regarded as a significant transformation aimed at strengthening the collective bargaining system and integrating public procurement law with social policy instruments.

Extended Summary

It is generally acknowledged that there exists a positive correlation between the rate of unionization and the proportion of workers benefiting from collective labour agreements. In systems where trade union organization is strong, the coverage of collective labour agreements also expands; conversely, in countries where trade union density is low, the coverage rate is observed to narrow accordingly. However, it can be argued that this relationship does not exhibit an absolute and linear character in every country, and that in certain countries collective labour agreement coverage may be expanded independently of the rate of unionization through institutional arrangements and state intervention mechanisms.

Indeed, in countries such as Belgium, Italy and Austria, it is observed that collective labour agreement coverage encompasses nearly all employees by virtue of generally binding applications and institutionalized collective bargaining systems. This demonstrates that the scope of collective labour agreements is shaped not only by the level of trade union organization, but also directly by the institutional structure of the system. From the perspective of Turkey, the low coverage rate should be associated not solely with the low rate of unionization, but also with the limited nature of mechanisms such as solidarity dues and extension, as well as with structural obstacles inherent in collective bargaining processes.

When the WSI and DİSK-AR data are evaluated together, it is understood that the average rate of employees benefiting from collective labour agreements in Turkey remains considerably low, particularly in the private sector. This situation indicates a structural problem that cannot be explained merely by individual organizational preferences. Within this framework, it becomes apparent that the industrial relations system should be reassessed not only in terms of trade union freedoms, but also with regard to its institutional functioning and state policies.

Comparative analyses demonstrate that, beginning from the 2000s, trade unionization rates have declined significantly on a global scale and that this regression has also been reflected in collective labour agreement coverage rates. Nevertheless, the establishment, at the European Union level, of targets aimed at increasing collective bargaining coverage through Directive 2022/2041 indicates that the relationship between collective bargaining systems and unionization is intended to be redefined at the normative level. This development points to the repositioning of collective bargaining as an instrument of social policy.

Germany, within this process, is also introducing a new normative approach aimed at strengthening collective labour agreement coverage through public procurement mechanisms. The Act, which entered into force on a symbolic date such as 1 May, makes compliance with collective labour agreement standards a condition for participation in public tenders. In this respect, the regulation should be considered an important instrument aimed at reconstructing the relationship between collective bargaining systems and the labour market. Thus, public procurement may be used not only as an economic policy instrument, but also for the protection of social standards. In particular, the regulation is regarded as significant in terms of preventing unfair price competition, preventing “social dumping,” and protecting the competitive capacity of unionized enterprises.

However, when account is taken of the different practices at the federal and state levels and the debates concerning compatibility with European Union law, it is also evident that the implementation of the provisions of the said Act contains various areas of tension.

In conclusion, the extension of collective labour agreement coverage cannot be explained solely by the level of trade union organization. The regulatory role of the State, institutional structures of collective bargaining, and the international normative framework directly affect this process. From the perspective of Turkey, the current low coverage rate appears to be associated not only with the low level of unionization, but also with the limited nature of extension mechanisms and with structural deficiencies in industrial relations. For this reason, strengthening the collective bargaining system requires not only the support of trade union organization, but also the establishment of more effective legal mechanisms concerning extension and similar institutions. In fact, the time has already come for this system to be seriously reconsidered.

Keywords : Germany, Collective Labour Agreement, Collective Labour Agreement Coverage, Public Procurement, Social Dumping.

Kaynak Göster

APA
HEKİMLER, A., & . ( 2026). Kamu İhaleleri Yoluyla Toplu İş Sözleşmesi Sisteminin Güçlendirilmesi: Federal Almanya’da Yeni Kabul Edilen Federal Toplu İş Sözleşmesi Sadakat Kanununun Getirdikleri. Çalışma ve Toplum, 3(90), 1223-1254. https://doi.org/10.54752/ct.1967464