NEWSLETTER-2019-metin

296 NEWSLETTER 2019 The duration of the CLA may be a minimum of one year to a maximum of three years. The term cannot be changed by the parties after signing and cannot be terminated before the expiry date. Two CLAs at the same level cannot be signed in one workplace. The labor syndicate, as a party of the CLA, represents the employ- ees who work in one or more workplaces of the employer, in the same branch of work 1 where the syndicate is authorized to do business, and who are members of the syndicate through the paying of dues. These workers are subject to all rights and obligations regulated by the CLA. Employees who are not members of the syndicate may also benefit from CLA, by paying the solidarity dues, or by obtaining the written permission of the syndicate that is a party to the CLA. The employer pays the dues directly to the syndicate by cutting this amount from the wages of the employees. If the employer does not pay these dues, the highest interest rate applied to bank loans shall accrue. Persons who are representatives of employers, or who are acting as the employers’ attorneys in the CLA negotiations, cannot benefit from the CLA. Furthermore, in practice, the parties may exclude some employees from the scope of the CLA. These people are usually em- ployees, such as managers, chefs, engineers, or office staff. It is also accepted that these persons have already been granted with the rights brought by the CLA due to their work and their qualifications. How- ever, it is contradictory in the doctrine as to whether or not this right arising from Constitution can be eliminated by the will of the subjects in private law. The Obligation of Employers to Act Equally in CLA Workplaces Under the Turkish labor law, employers must treat employees who hold the same position equally. It can be alleged that the CLA may cause the employer to treat its employees who are members of a syndicate differently, from those who are not. In order to prevent this inequality, our legislation ordered the implementation of regulations of the CLA for all employers in the workplace, with the exception of the provisions regulating social aids related to money and all kinds 1 Regulation on Branches of Work, O.G. No. 28502, 19.12.2012.