Graduate School of Social Sciences

Permanent URI for this collectionhttps://hdl.handle.net/10679/9882

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Browsing by Author "Ansen, Gizem Sarıbaş"

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    Master ThesisPublicationMetadata only
    Sendikalar ve toplu iş sözleşmesi kanunu çerçevesinde sendikal güvenceler
    Ansen, Gizem Sarıbaş; Kıvrakdal, Akın; Kıvrakdal, Akın; Baskan, Şükriye Esra; Bağcı, M.; Department of Private Law
    The studies initiated following the ILO's criticism of Turkey regarding the repealed Law No. 2821 resulted in the entry into force of STISK, which was prepared to comply with the criticisms directed to the said law, on 18 October 2012. A significant part of the criticism brought by the ILO stems from the fact that union rights and freedoms and the collective bargaining process are not regulated in the repealed Law No. 2821 in line with ILO Conventions No. 87 and 98. One of the most striking changes brought within the scope of STİSK is the rearrangement of the guarantee provisions on freedom of association. In this context, it is seen that during the STİSK period, it was possible to file a direct union compensation lawsuit or to request union compensation with reinstatement, without any discrimination between workers who are subject to job security and those who are not, and that union discrimination when starting work and while the employment relationship continues is also subject to sanctions. Again, the sanctions of the guarantees attached to the union representation have been changed with the STİSK and more effective protection has been provided to the representatives. The assurance of professional union management is also clearly sanctioned, unlike the repealed Law No. 2821. Amateur union managers were secured for the first time and were subject to the same guarantees granted to workplace union representatives. Although it is stated that STİSK does not fully meet the international criticism, it is also stated that it provides important protection in terms of union freedom in general. The purpose of this study, which we prepared as a master's thesis, is to examine and evaluate union freedom, guarantees of union freedom, guarantees given to union representation and guarantees given to union management.