Sendikal Tazminatın 7036 Sayılı İş Mahkemeleri Kanunu Çerçevesinde İncelenmesi

Abstract

With this study, the concept of union compensation was examined within the scope of the Labor Courts Law numbered 7036. Union compensation is essentially designed as a deterrent to prevent the use of union rights and freedoms. Although the effect area of union compensation is quite wide, within the framework of Law No. 7036, the demand for union compensation is included in the scope of mediation as a condition of bringing a lawsuit. With this study, the phenomenon of union compensation is examined step by step. Accordingly, the situation of those who have been prevented from the union rights and freedoms while the trade union rights and freedoms were established before the labor relations was established, while the labor relation was continuing or when the labor contract was terminated, were examined separately. In this context, the question of by whom the union compensation can be requested, who may be the parties, what issues can be discussed during negotiations, and the issues of agreement and non-agreement are discussed in detail, within the scope of the mediation institution.