NEWSLETTER-2019-metin

297 LABOR LAW of wages. Therefore, by the entry into force of the CLA, the conflict- ing provisions of the employment agreements shall be replaced by the provisions of the CLA, and the CLA shall be directly applied to the matters that are not regulated in the labor contract. However, if there are provisions in the employment contracts that are more advantageous for the workers, these regulations remain valid. For example, disci- plinary regulations introduced by the CLA will apply to all workers in the workplace, even if they are not members of the syndicate, or do not pay solidarity fees. Otherwise, pursuant to Article 5 of Labor Law numbered 4857 (“Labor Law”), employees may claim an appropriate amount of compensation of his/her wages up to four months, and any other rights that he/she has been deprived of. Prohibition of Syndicate Discrimination The SCLAL regulates the prohibition of syndicate discrimination in order to ensure the attempt of the workers to become members of syndicates, and to protect this right. Within this scope, the recruit- ment of employers cannot depended upon the conditions of joining, or being members of a certain syndicate, to continue being a member of a specific syndicate, or withdraw from membership. Likewise, the employer cannot make any distinction between workers who are members of a syndicate and who are not, or between employees who belong to separate syndicates. In addition, pursuant to Article 8 of the Labor Law, an employer cannot terminate an employment contract on the basis that the em- ployee is a member of a syndicate, joins syndicate activities, or acts as a representative of syndicate. Syndicate Compensation If an employer acts contrary to the prohibition to discriminate, the employees shall be entitled to syndicate compensation in an amount of not less one year’s wage. On the other hand, upon termination of an employment contract due to a syndicate cause, the employee may request his/her reemploy- ment, and irrespective of whether the employer reemploys the worker or