The provisions of collective bargaining agreement applied to all the employees

Abstract

Article 39 of Act no. 6356 on Trade Union and Collective Bargaining Agreements regulates which employees benefit from the rights arising from the agreement in the workplace or workplaces where the collective bargaining agreement is applied. Accordingly, the members of the employees’ trade union, which is a party to the collective bargaining agreement, shall as principal benefit from that agreement. Article 25 of Act no. 6356 regulating the discrimination on the ground of trade union activities should also be taken into consideration in the matter of benefiting from the collective agreement. According to this article, difference of treatment between employees who are members of the trade union and those who are not is prohibited, as principal. However the provisions of the collective bargaining with respect of remuneration, bonuses, premiums and money-related social benefits shall be exceptions. This study aims to explain these provisions within the frame of the Court of Appeals.