Abstract
Collective labor agreement is the most important instrument to protect and improve the rights and interests of the members of the trade union. In this sense, the first aim of the trade union which commences organisation in workplace or enterprise, is to sign in the shortest time a collective agreement. Having considered that objection to determination of competence for the collective labor agreement ceases the competence process, it is important determine competence in the most appropriate way. With the Trade Unions and Collective Labor Agreement Law no 6356, the provision requires more than half of the workers employed in the workplace still remains for the collective labor agreement the majority that must be ensured in terms enterprise collective labor agreement is regulated as forty percentage. Accordingly, it has gained great importance to determine whether more than one unit in the same branch of activity belonging to the employer is in the nature of a single workplace or enterprise. In our study, this situation, which constitutes an important problem in practice, has been discussed and the current case law of Court of Cassation has been evaluated.
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