Ekonomi ve Hukuk Dergisi

Makalenin Dili

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  • Merve Çelik
  • Hacer Simay Karaalp-orhan
Küresel Çerçeve Sözleşmelerinin Toplu Pazarlık Sürecine Etkisi: Türkiye’de IndustriALL’a Üye Sendikalar Örneği

ÖZ

Türkiye, 1980 sonrasında ihracata dayalı sanayileşme modelini benimseyerek, dışa açılma sürecine girmiş ve böylelikle yabancı sermaye yatırımları ve çok uluslu şirketler (ÇUŞ)’ler için cazibe merkezi haline gelmiştir. Bu süreçte ucuz işgücüne dayalı emek yoğun üretim biçimleri yaygınlaşmaya başlamıştır. Birçok gelişmekte olan ülkede olduğu gibi ulusal sendikal hareketin nispeten zayıflaması emeğin hak ve çıkarlarının gözetilmesi gereğini ortaya çıkarmıştır. Küresel sendika federasyonları tarafından küreselleşmenin neden olduğu sendikal sorunlara çözüm olabilecek yeni bir mücadele alanı olarak Küresel Çerçeve Sözleşmeleri (KÇS) düzenlenmiştir. Bu çalışmanın amacı KÇS’lerin Türkiye’deki ulusal sendikaların toplu pazarlık sürecine etkisini araştırmaktır. Alan araştırması iki boyutta olup öncelikle Türkiye’de IndustriALL’a üye KÇS kapsamındaki sekiz sendikanın uzmanı ve IndustriALL İsviçre merkez yetkilileriyle görüşülmüştür. Çalışmada, yarı-yapılandırılmış derinlemesine görüşme tekniği kullanılmış ve farklı işkolu/sektör temelinde karşılaştırmalar yapılmıştır. Sonuç olarak, KÇS’lerin Türkiye’deki üye sendikaların toplu pazarlık sürecine etkisinin sınırlı olduğu tespit edilmiştir. Yerel sendikaların KÇS’lerin müzakere süreçlerinde doğrudan yer almadığı, KÇS’lerin toplu pazarlık süreçlerinde araçsal nitelikte kullanıldığı ve grev hakkına etkisinin ise yerel yasa nedeniyle zayıf olduğu tespit edilmiştir. Ayrıca KÇS’lerin, gönüllükten bağlayıcılığa geçişin hızlanması ve ÇUŞ’ların hesap verilebilirliğinin artırılması gerektiği sonucuna ulaşılmıştır.
Anahtar Kelimeler : küresel çerçeve sözleşmeler, toplu pazarlık, IndustriALL, Türkiye
The Effect of Global Framework Agreements on the Collective Bargaining Process: The Case of Trade Unions Affiliated with IndustriALL in Turkiye

ABSTRACT

After 1980s, Turkey adopted the export-based industrialization model and began opening up, thus becoming a center of attraction for foreign capital investments and multinational companies (MNCs). This started with labour-intensive production based on a cheap labour force. As in many developing countries, the relatively weak national trade union movements revealed the need for the rights and freedoms of workers to be observed within the framework of new arguments. In this process, Global Framework Agreements (GFAs) were organized by global union federations as a new field of struggle that could be a solution to the union problems caused by globalization. This study aims to investigate the effect of (GFAs) on the collective bargaining process of national trade unions in Turkey. The field research is in two dimensions: First, experts of eight national trade unions that are members of IndustriALL and the scope of GFAs, and second the IndustriALL Switzerland central officials were interviewed. In this research, a semi-structured in-depth interview technique is employed, and comparisons were made based on different sectors/business lines. As a result, it has been determined that the effect of GFAs on the collective bargaining process of member trade unions in Turkey is limited. It has been determined that local unions are not directly involved in the negotiation processes of GFAs, they are used instrumentally in collective bargaining processes, and their effect on the right to strike is weak due to local law. Moreover, it is stated that the transition from voluntary to binding should be accelerated, and the accountability of MNCs should be increased.

Extended Summary

Globalisation has brought about a rapid transformation of the world economic system. At the global level, a new division of labour has emerged as international production is distributed among countries. With the proliferation of multinational corporations (MNCs) in the world as a result of Neo-liberal policies, labour-intensive forms of production have been implemented in underdeveloped/developing countries, mainly due to low labour costs. The regulations adopted by developing countries to attract these investments in order to increase production, employment and economic growth have led to a decline in trade union rights and freedoms, the spread of precarious work and the increase in subcontracting. It has also led to an increase in the number of unemployed and working poor.

Levinson (1971) mentions the idea of developing an international collective bargaining mechanism against the destructive effect of MNCs on the labour market, which has become widespread with globalisation. In this context, Global Framework Agreements (GFAs) have been proposed as a new field of struggle that can provide a solution to the trade union problems that have emerged with globalisation. GFAs are one of the new arguments used by the Global Unions to secure the recognition and implementation of trade union rights and freedoms by MNCs, and have been used as an international collective bargaining tool in the wake of the globalisation process. However, the applicability of GFAs has been criticised for many reasons, such as the lack of legal binding force and weak enforcement power. Especially in underdeveloped and developing countries, where MNCs have their supply chains, there are some problems with the applicability of the GFAs, which aim to implement the same level of trade union rights and freedoms in every country. Turkey, which is among the developing countries, is a relatively labour-abundant country compared to the developed countries and is among the countries that attract foreign capital investments and MNCs. As a result, production processes based on cheap labour are widespread in Turkey, where the national trade union movement is relatively weak. Thus, GFAs, one of the new methods developed by international trade unions against MNCs with the globalisation process, have also started to be used by national trade unions in Turkey.

The aim of this study is to analyse the impact of GFAs to which IndustriALL is a party on the collective bargaining process of trade unions in Turkey, based on different sectors and industries. The study uses IndustriALL as a sample, as it is the largest sector in Turkey. Interviews were conducted with the three IndustriALL specialists and experts from eight IndustriALL affiliates in Turkey. These are TURK-METAL, BIRLESIK METAL-IS, DISK-TEKSTIL, TEKSIF, DERITEKS, SELULOZ-IS and OZIPLIK-IS. Thus, it is believed that the research will contribute to the literature by providing a two-dimensional examination and sectoral comparison. The study used a qualitative research method, in which questions with semi-structured interview methods were asked to negotiators in the workplace. The results of the interviews were interpreted using descriptive analysis. The results show that, in terms of industries, the highest number of IndustriALL signed GFAs is in the metal sector, followed by textiles and garments. Turkish Trade Unions were identified as GFAs are basic agreements that determined work standards. As research, the content of GFAs is not determined by Turkish trade unions, they do not participate directly in the negotiation process of GFAs. Unions in the textile sector hold the most meetings to inform union members about GFAs. However, other unions only provide information at the initial organising stage. While some unions are positive about the applicability of GFAs, unions in the textile sector do not consider their applicability to be effective due to insufficient/weak sanctions against the supplier company. It was noted that the GFAs to which IndustriALL is a party have had a limited impact on the collective bargaining process of its affiliates in Turkey due to their lack of legal binding force. The GFAs have had a direct impact on wages. TURK-METAL has won some wage and social rights through GFAs. In the textile sector, it was found that GFAs have an impact on the wages and social rights of workers in workplaces where GFAs are effectively applied and strictly controlled. Although there were some successful examples in the metal and paper industries, it was found that the lack of legal binding in the textile industry meant that the organising phase was unsuccessful. However, the Turkish textile union is actively involved in the governance phase of the GFAs. Additionally, GFAs are subject to national law in MNC countries, where Turkish trade unions and IndustriALL experience incompatibility in the implementation of GFAs with MNCs. This study finds that they do not sue MNCs and their supply chains in the courts of developed countries. Although GFAs are subject to the national laws of the headquarters of MNCs, it was observed that national trade unions and IndustriALL do not use the judicial mechanism in case of disputes.

Keywords : Global Framework Agreements, Collective Bargaining, IndustriALL, Turkey

Kaynak Göster

APA
ÇELİK, M., & KARAALP-ORHAN, H., & . ( 2023). Küresel Çerçeve Sözleşmelerinin Toplu Pazarlık Sürecine Etkisi: Türkiye’de IndustriALL’a Üye Sendikalar Örneği. Çalışma ve Toplum, 3(78), 2187-2228. https://doi.org/10.54752/ct.1325640