Collective Bargaining and the Right to Strike in Turkey

An individual worker's right to join a union and a union's right to sit at the bargaining table on behalf of an entire workplace are two distinct legal questions. Collective bargaining agreements and strikes are collective rights that concern the whole workplace or sector, and they are governed in detail by Law No. 6356 on Unions and Collective Bargaining Agreements. For employers who run a unionized workplace in Turkey, or who acquire one, understanding the steps of this process is a cornerstone of legal risk management.

Law No. 6356 and the Framework of Collective Bargaining

Article 1 of Law No. 6356 defines its purpose as enabling workers and employers to set working conditions through a collective bargaining agreement, to resolve disputes by peaceful means, and, where that fails, to resort to strike and lockout. Unionization in Turkey is organized by branch of activity: each sector (metal, construction, tourism, healthcare, and so on) has its own branch, and collective bargaining runs through this structure. A collective bargaining agreement sets conditions above the statutory minimum and, once in force, frames the employment relationship across the covered workplace.

The Authorization Process: How a Union Earns the Right to Bargain

Before a union can take a seat at the table it must first obtain "authorization" (yetki). Article 41 sets a two-tier threshold here. First, the union must represent at least one percent of the workers in its branch of activity. Second, it must have as members more than half of the workers at the workplace to be covered, or forty percent where the agreement covers an enterprise spanning several workplaces. The one-percent branch figure is determined by statistics the Ministry of Labour and Social Security publishes each January and July. A union meeting these conditions requests an authorization certificate from the Ministry; the employer may challenge the membership count or the statistics before the labour court within the statutory time limits.

Negotiation, Mediation, and Dispute

Once authorization is settled, the process is bound to strict deadlines. Under Article 46, one party must invite the other to negotiate within fifteen days of obtaining the authorization certificate; failure to do so causes the authorization to lapse. If the parties cannot agree, fail to attend the first meeting, or the negotiation period ends without agreement, the dispute must be reported to the competent authority within six working days under Article 49. At this stage mediation begins (Article 50): the competent authority appoints a mediator within six working days, the mediator's mandate runs for fifteen days, and it may be extended by up to six working days if the parties agree. If mediation ends without a settlement, the mediator draws up a dispute record — and it is with this record that the right to strike arises.

Strike, Lockout, and the Legal Conditions

Article 58 defines a strike as workers stopping work to protect their working conditions during a bargaining dispute, and a lawful strike as one that meets the statutory conditions. The employer's counterpart, the collective removal of workers from the job, is a lockout (Article 59). A lawful strike decision may be taken within sixty days of service of the dispute record and must be notified to the other side six working days before the start date (Article 60); missing these deadlines causes the authorization to lapse. The employer likewise may decide on a lockout within sixty days of being served the strike decision. Article 61 also allows a strike ballot: if at least a quarter of the workers at the workplace apply within six working days of the strike being announced, a ballot is held, and if an absolute majority of those voting reject the strike, it cannot be carried out. A strike that does not meet the legal conditions is unlawful; the employer may then terminate the contracts of participating workers for just cause and claim damages arising from the strike (Article 70).

Strike Bans and Guidance for Foreign-Owned Employers

Strikes are not permitted at every workplace. Article 62 bans strikes and lockouts in essential public services such as life-and-property rescue, funeral services, city water, electricity, natural gas and petroleum production and distribution, petrochemicals, fire brigades, and hospitals; strikes are also barred on intercity transport vehicles still in transit. Under Article 63, the President may suspend for sixty days any strike or lockout that threatens public health or national security. Practical pointers for foreign-owned companies running a unionized workplace in Turkey: calendar the statutory deadlines the moment an authorization notice arrives, because staying silent has consequences; prepare for bargaining on the timetable of Turkish law rather than your home-country practice; plan in advance, under Article 65, the minimum staff needed to keep the workplace safe in the event of a strike; and weigh the representation advantage that joining an employers' union can give you in bargaining.

Frequently Asked Questions

Does a collective bargaining agreement bind only union members? No. An agreement in force sets the framework of working conditions at the workplace; members benefit directly, while non-members may benefit by paying a solidarity fee. From the employer's side, the agreement establishes a binding order for the covered workplace.

Can a union strike whenever it wants? No. A strike is only possible in a dispute arising from collective bargaining, after the mediation stage is exhausted and the statutory time limits and notice requirements are met. A strike held without these conditions is unlawful.

How can the employer respond to a strike? The employer may decide on a lockout within sixty days of being served the strike decision. Where a strike is unlawful, just-cause termination and damages are available; but a worker's contract cannot be terminated for taking part in a lawful strike.

In which jobs are strikes completely banned? Strikes and lockouts are prohibited in the essential services listed in Article 62, notably hospitals, fire brigades, city water, electricity, natural gas and petroleum services, petrochemicals, funeral services, and life-and-property rescue work.

How Mona Hukuk Can Help

Collective labour law is a technical field where strict deadlines and procedural rules are decisive; failing to respond to a single notice in time can cause a loss of rights. At Mona Hukuk we support domestic and foreign-owned employers running unionized workplaces on the authorization process, bargaining strategy, mediation, and strike-and-lockout management.

For a consultation in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.