NEWSLETTER-2019-metin

295 LABOR LAW Collective Labor Agreements and Strikes* Att. Yesim Tokgoz Labor law is a very dynamic branch of law which is intertwined with daily life. It is very important to evaluate the problems encoun- tered according to the characteristics of the factual events. These assessments are made on the basis of laws and regulations, as well as case-law, agreements, and workplace practices. Agreements show themselves to be personal employment agreements and collective labor agreements (“CLA”). In this month’s article, we shed light on the nature of the CLA, which is regulated under the Syndicates and Collective Labor Agreement Law (“SCLAL”) numbered 6356, the re- lationship between the employee and the employer within this scope, and the right to strike. Characteristics of Collective Labor Agreements Article 53 of the Constitution gives workers and employers the right to execute agreements in order to regulate their economic, social and working conditions. Within this context, the CLA is an agreement executed between a labor syndicate and an employer syndicate, or an employer who is not a member of any syndicate, in order to regulate issues related to the content and termination of the business relation- ship. These agreements, which do not have an application area in every workplace, have functions, such as protection, regularity, peace and fair income distribution. In other words, the CLA is an agreement that is formed as a result of the negotiations of the parties in order to ensure their stable and peaceful working lives. The CLA organizes subjects, such as working hours, breaks, per- mits, disciplinary rules, occupational health and safety rules, smoking ban, shifts, cafeteria-nursery use, wages, salary increases, the fees for overtime working and national holiday /general holiday working, bo- nuses, premiums, and any type of monetary social assistance. * Article of May 2019