The trade union movement in Turkey banned with the Ottoman Strike Law (“Strike Law”) introduced by taking the foreign capital into consideration against 1908 strikes during the Second Constitutional Period has a new dimension with the Law on Trade Unions and Collective Bargaining Agreements. During the alignment process of the trade union relations in Turkey to the EU acquis and approved International Labor Organization agreements[1], the Trade Unions Act numbered 2821[2] and Collective Labor Agreements, Strike and Lockout[3] are gathered under a single law. The Law no 6356 on Trade Unions and Collective Bargaining Agreements (previously known as the “Law on Collective Labor Relations”) has appeared as a law expected to take precautions concerning the building blocks of our industrial relations such as easier trade union membership, increase of the security of the trade union members and managers, decrease of the lines of work and lowering of the trade union authority threshold. The  Law no 6356 on Trade Unions and Collective Bargaining Agreements started to be negotiated on the agenda of the General Assembly of Grand National Assembly of Turkey with the number 197 at the beginning of the 3rd legislative year of 24th term in the light of the report of the Committee on Health, Family, Labor and Social Affairs of the Grand National Assembly of Turkey dated March 13, 2012. The Law on Trade Unions and Collective Bargaining Agreements,

The Law on Trade Unions and Collective Bargaining Agreements numbered 6356 has been adopted on October 18, 2012 and has been entered into force after being published in the Official Gazette numbered 28460 on November 07, 2012. New law repealed and replaced older law no 2821 on Trade Unions and law no 2822 on Collective Labor Agreements, Strike and Lockout.

The title of the Law Draft on Collective Labor Relations started to be negotiated at the General Assembly of the Grand National Assembly of Turkey on October 03, 2012 has been amended as Law on Trade Unions and Collective Bargaining Agreements. Articles 1 to 30 of the Law Draft have been adopted by the General Assembly of the Grand National Assembly of Turkey on October 11, 2012. And the most significant amendment during the negotiations has been the amendment of Article 25 of the Law Draft with motion. The expression of “except for termination” has been added after the expression of “employer” to the fourth sub-paragraph of Article 25 of the Law Draft, especially concerning the individual freedom to join trade unions and most discussed among the social sides, and first sentence of the fifth sub-paragraph has been amended as “In case of the termination of the labor contract for reasons of trade union activities, the employee shall have the right to apply to the court as provided in the Article 18, 20 and 21 of the Law numbered 4857.”[4]

This article is based on the review of the Articles 1 to 30 of the Law adopted and especially addressing to the individual freedom to join trade unions.

IMPLEMENTATIONS INTRODUCED WITH THE LAW ON TRADE UNIONS AND COLLECTIVE BARGAINING AGREEMENTS

The trade union relations in Turkey are based on the legal entities which can organize, in compliance with the principle of freedom of establishment[5], at the level of line of work. In Turkey, the higher organizations of the trade unions are the confederations, and the federative organization of the trade unions is not implemented.

In accordance with the Law no 6356, the trade union refers to “organizations with legal entity formed by at least seven employees or at least seven employers as to be engaged in activities in a line of work for the safeguarding and development of the common economic and social rights and benefits in the labor relations of the employees or employers.[6]

The conditions of  ‘being a Turkish citizen’ and ‘actually being employed in the same line of work’,  that are required for the formation of trade unions which are organized at line of work level in accordance with the Act numbered 2821 have been removed in the  Law no 6356[7]. Accordingly, as per article 6 of Law no 6356, “Natural or legal persons who have the capacity to act and who work de facto shall be entitled to establish a trade union.” Additionally, 28 lines of work defined in the Act numbered 2821 have been decreased to 20[8]. Those lines of work are determined as; Hunting and fisheries, agriculture, and forestry, Food industry, Mining and stone quarries, Petroleum, chemicals, rubber, plastics and medicine, Textile, ready-made clothing and leather, Wood and paper, Communication, Printed and published materials and journalism, Banking, finance and insurance, Commerce, office, education and fine arts, Cement, clay and glass, Metal, Construction, Energy, Transport Shipbuilding and maritime transportation, warehouse and storage, Health and social services, Accommodation and entertainment, Defence and security and General affairs.

With regards to competence to conclude collective bargaining agreements, condition to accommodate at least ten percent of the employees working in that line of work reduced to three percent by the virtue of article 41. On 10 Sept 2014, with the amendments introduced by law no 6552 on Labour Act and some Acts and Decrees having force of Law and restructuring some public receivable[9], above-mentioned three percent requirement has been reduced to one percent. Additionally, through the article 41, condition of representing fifty percent of employees working in the enterprise to be covered by the collective bargaining agreement reduced to forty percent. On the other hand, 50 percent requirement has been preserved at the workplace level. That is, in order to conclude collective bargaining agreement, more than half of the employees employed in the workplace should be represented.

With the Law on Trade Unions and Collective Bargaining Agreements, in the trade union relations in Turkey, for the first time, Framework Agreement and Group Collective Agreement have been defined. With the Group Collective Agreement, the possibility of a collective labor contract by and between the trade union and employer’s union as to compromise the establishments and organizations formed in the same line of work belonging to multiple member employers has been defined[10]. On the other hand, the Framework Agreement has been defined as the contract concluded at the line of work level by and between the member employee of the trade union confederation and employer’s confederation represented in the Economic and Social Council and employer’s union optionally in the areas of vocational training, occupational health and safety, social responsibility and employment policies[11].

 

LAW ON TRADE UNIONS AND COLLECTIVE BARGAINING AGREEMENTS AND INDIVIDUAL FREEDOM TO JOIN TRADE UNIONS

The individual freedom of association is reviewed in two aspects as positive right and negative right. Within the framework of positive freedom of association, the freedom of individuals to form trade union and join a trade union is defined and within the framework of the negative freedom of association , the freedom of individuals to not join a trade union and withdraw from the trade unions is defined [12]. It is surely beyond doubt that it is not possible to mention trade union membership or trade union activities in fear of the termination of the labor contracts. In order to mention individual freedom to join trade unions, the members shall be able to join trade union activities freely and without any restriction or discrimination or prefer not to join and this shall be secured by the legislator.

The individual freedom to join trade unions, first of all, is secured in the Constitution of the Republic of Turkey[13]. In accordance with the Article 51/1 of our Constitution,

The employees and employers have the right to form unions and higher organizations, without prior permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and social rights and the interests of their members in their labor relations. No one shall be forced to become a member of a union or to withdraw from membership.

In accordance with Article 22/1 of the Act numbered 2821, the positive individual freedom to join trade unions has been secured with the expression of “Acquisition of membership in a trade union is optional. No one shall be forced to join or not join a trade union.” and in accordance with Article 25/1 of the Act numbered 2821, the negative individual freedom to join trade unions has been secured with the expression of “No employee or employer shall be forced to maintain or resign his membership in a trade union.” With the Law on Trade Unions and Collective Bargaining Agreements, these freedoms have been secured likewise with the Articles 17/3 and 19/1.

 

TRADE UNION MEMBERSHIP AND ACQUISITION OF MEMBERSHIP

One of the most significant effects of the Law on Trade Unions and Collective Bargaining Agreements is the significant amendments made regarding the trade union membership with the amendment of the criteria determining the terms and conditions for membership to trade unions. In accordance with the Trade Unions Act numbered 2821, the principle conditions effecting the trade union membership have been adopted as the members shall be over the age of 16; the members shall be employed in the line of work affiliated with their establishments and the members shall not hold concurrent membership in another trade union in the same line of work. These building blocks have been revised with the Law on Trade Unions and Collective Bargaining Agreements; thus, the age of membership has been reduced to 15[14]. Though the principle stating that the employees and employers shall not hold concurrent membership in more than one trade union in the same line of work has been preserved, the employees concurrently working for a second employer in the same line of work have been excluded from this provision. Therefore, the concurrent membership of employees with flexible working times to more than one trade union has been made possible[15].

Especially, after the amendments in the Constitution introduced by Law numbered 5982, the question mark regarding the operation of the system with the removal of the 4th sub-paragraph of Article 51 of 1982 Constitution stating that “The employees and employees cannot hold concurrent membership in more than one labor union or employer’s association.”[16] have been resolved with the expression in the Law on Trade Unions and Collective Bargaining Agreements stating that only the employees with flexible working times (the employees concurrently working for more than one employer in the same line of work) have been excluded. Another amendment regarding the trade union membership and acquisition of membership was the removal of the notary requirement for the membership applications and realization of the membership applications and acceptances (and terminations) over e-government system[17].

 

IN TERMS OF THE MEMBERSHIP DUES (AND SOLIDARITY CONTRIBUTIONS)

It is surely beyond doubt that the payment of membership due in trade union membership is the most primary liability of the members. Within the framework of Article 23 of the Act numbered 2821, the amount of monthly membership due has been stated as “The amount of the monthly dues to be paid to a employee’s trade union by a employee shall not exceed the employee’s daily net wage”; and in terms of the employer, “The amount of the monthly dues to be paid to an employer’s trade union by the employer shall not exceed the total basic wages paid by the employer in one day”. Besides, in accordance with Article 23/4 of the Act numbered 2821, the statutes of trade unions shall not have any provisions requiring a member to pay any fees or dues other than the membership dues. And within the framework of the new Law on Trade Unions and Collective Bargaining Agreements, the above mentioned restrictions regarding the amount of membership due have been removed. The Law states that the amount of membership due will be determined by the general assembly according to the procedures and principles stated in the statutes of the organizations[18] and the provision of Article 23 of the Act numbered 2821 stating that “The statutes of trade unions shall not have any provisions requiring a member to pay any fees or dues other than the membership dues.” has been removed in the Law no 6356. Additionally, the expression of no deduction apart from the membership due can be decided within the framework of the current collective labor agreements also does not appear in the Law no 6356. The check-off system existing in the Act numbered 2821, the procedure for deducting the membership dues and solidarity contributions from the labor wages and transferring them to the relevant trade union at written request of the employee’s trade union still exists. Additionally, while the solidarity contribution, in other words the contribution required to paid by the employees who are not a member of the trade union which is a party to the collective labor agreement existing in the workplace, in order to benefit from the relevant collective labor agreement, was constituting two thirds of the membership due in accordance with the Act numbered 2821, in the Law no 6356, it has been increased to the same amount with the membership due[19].

SECURING OF THE INDIVIDUAL FREEDOM TO JOIN TRADE UNIONS

The securing of the individual freedom to join trade unions is reviewed under the titles of protection of the trade union members, protection of the managers and protection of the trade union representatives. The principle of individual freedom to join trade unions has been strengthened with the concept of union compensation in accordance with the provisions of the relevant legislation. It is envisaged in Law that because of joining a trade union, not joining a given trade union or withdrawing from membership to a trade union, the employees shall not face any discrimination during recruitment or employment.

SECURITY AGAINST DISCRIMINATION ON THE BASIS OF TRADE UNION ACTIVITIES

The discrimination on the basis of trade union activities, briefly, is the non-equal treatment of the employer to the employees with the discrimination of membership to a trade union or not. Within the framework of the principle of equal treatment, in accordance with Article 5 of the Labor Act[20],

If the employer violates the above provisions in the execution or termination of the employment relationship, the employee may demand compensation up her (his) four months’ wages plus other claims of which she (he) has been deprived. Article 31 of the Trade Unions Act is reserved.

The protection of the employees from discrimination on the basis of trade union activities is reviewed in Article 31 of the Act numbered 2821. In accordance with Article 31/1 of the Act numbered 2821, “the recruitment of employees shall not be made subject to any condition as to their membership of a trade union, or obliging them to join or refrain from joining a given trade union or to remain a member of or resign from a given trade union.” Again with the 3rd sub-paragraph of Article 31, the employees are protected against the discrimination of membership to a trade union or not during employment or termination of employment. And the 5th sub-paragraph of Article 31 protects the employees from discrimination on account of non-participation to trade union activities outside hours of work or during hours of work with the employer’s permission.

In accordance with Article 31/6 of the Act numbered 2821, except for the termination of the contract of the employee for reasons of trade union activities, in case of the violation of the provision of non-discrimination and equal treatment during the employment or termination of employment or participation to trade union activities (outside hours of work or during hours of work with the employer’s permission), the employer shall be liable to pay compensation not less than the employee’s annual wage.

The provisions for protection against trade union discrimination within the framework of the Law on Trade Unions and Collective Bargaining Agreements match with the Act numbered 2821. In accordance with Article 25/4 of the Law, in case of any discrimination union compensation has been envisaged. However, with the Law, the limits of the union compensation envisaged in case of discrimination on the basis of trade union have been broadened as to be valid even in case of discrimination on the basis of trade union activities before employment and during recruitment[21].

UNION COMPENSATION IN TERMINATION FOR REASONS OF TRADE UNION ACTIVITIES

The union compensation is stated with Article 31/6 of the Act numbered 2821. Accordingly, in case of the termination of the labor contract for reasons of trade union membership or trade union activities…, the provisions of Articles 20 and 21 of the Labor Act shall be applied. However, in accordance with the first sub-paragraph of Article 21 of the Labor Act, the compensation to be paid shall not be less than the employee’s annual wage. Therefore, the union compensation is evaluated within the framework of the job security mentioned in our Labor Act numbered 4857.

The job security, in the narrowest sense, refers to the protection of the employee against termination by making the termination of the labor contract difficult for the employer. Within the framework of job security, it is essential that the termination of the employer depends on valid grounds and in case of no valid grounds for termination, the securing of the employee with the right to apply to the court for reemployment or compensation. In this sense, the job security has broader meaning in terms of the precautions with respect to the limitation of the termination of the labor contract and relieving the negative effects arising from the termination[22]. In accordance with Article 18 of the Act numbered 4957, in order for a employee to be covered by job security, the employee shall be employed in an establishment with thirty or more employees and meet the minimum seniority of six months. Nevertheless, in accordance with the last sub-paragraph of the same article, the employer’s representatives and his assistants authorized to manage the entire establishment as well as the employers’ representatives managing the entire establishment but who is also authorized to recruit and terminate employment have been excluded. In accordance with our Labor Act, the termination of the labor contract of a employee employed within the framework of job security shall depend on valid grounds[23] and the notice of termination shall be in writing[24]. The burden of proof regarding the valid grounds of termination shall be on the employer in case of a suit filed by the employee stating that the termination does not depend on valid grounds[25]. If the court concludes that the termination is not justified, the employer must re-engage the employee in work within one month. If, upon the application of the employee, the employer does not re-engage him in work within one month, compensation to be not less than the employee’s four months’ wages and not more than his eight months’ wages shall be paid to him by the employer[26].

With the Act numbered 2821, it is decided that in case the employee, whose labor contract has been terminated based on reasons of trade union activities, is included within the framework of job security, the compensation to be paid to him by the employer cannot be less than the employee’s four months’ wages and not more than his eight months’ wages[27]. However, since in terms of the Act numbered 2821, the union compensation in termination for reasons of trade union activities is considered within the framework of job security, the employee covered by job security cannot directly claim compensation in termination for reasons of trade union activities. As a matter of fact, the decisions of the Court of Appeals regarding union compensation point that the employees covered by job security cannot directly file a suit for union compensation. In accordance with the decision of the Court of Appeals for the 9th Circuit with respect to the union compensation, as a job security compensation in a sense, “In accordance with Article 31 of the Act numbered 2821 amended with the Act numbered 4773, in case of the termination of the labor contract for reasons of trade union activities in terms of the employees covered by job security, it is not possible to directly claim union compensation[28].” In accordance with another decision of the Court of Appeals for the 9th Circuit with respect to the impossibility of claiming union compensation without filing a suit for employment in terms of the employees covered by job security, “In terms of the employees possible to benefit from job security in accordance with Article 18-21 of the Act numbered 4857, it is not possible to file a suit for union compensation without filing a suit for reemployment[29].”

On the other hand, in accordance with Article 31/7 of the Act numbered 2821, the employees not covered by job security can file a suit in case of the termination of the labor contract for reasons of trade union activities and the burden of proof shall be on the employer and the compensation shall not be less than the employee’s annual wage.

Therefore, in accordance with Article 31/6 of the Act numbered 2821, in case of termination of the labor contract of a employee covered by job security for reasons of trade union activities, a suit for union compensation cannot be directly filed in accordance with the Act numbered 4857. On the other hand, in accordance with the Act numbered 4857, first of all, a suit for reemployment shall be filed and due to reemployment as a result of the suit, the employee will not be able receive union compensation and consequently the termination for reasons of trade union activities will become null and void. On the other hand, in accordance with Article 31/7 of the Act numbered 2821, the employee not covered by job security reserves the right to directly file a suit for union compensation.

The institution of union compensation regulated in Article 25 of the Law on Trade Unions and Collective Bargaining Agreements under Protection chapter is associated with job security in the same way with Article 31 of the Act numbered 2821. Within the framework of Article 20 titled “Procedure of Appeal against Termination” and article 21 titled “Consequences of Termination without a Valid Reason” of Act numbered 4857, it is stated that in termination for reasons of trade union activities, the employee reserves the right to file a suit. Only by stating that the union compensation shall not be less than the employee’s annual wage, irrespective of the re-engagement of the employee by the employer[30], the nullity of the termination for reasons of trade union activities in case of the employment of the employee has been prevented. At this point, even in case of re-engagement after termination, the employee can receive union compensation due to termination for reasons of trade union activities. However, in case the employee is not allowed to start work, the compensation specified in the first paragraph of Article 21 of Law No. 4857 shall not apply.[31] By stating that not filing a suit within the framework of job security provided by the Act numbered 4857 shall not prevent the union compensation claim of the employees[32], the employees covered by job security have been entitled to directly claim union compensation. And in terms of the employees not covered by job security, the Law no 6356 does not include an article like Article 31/7 of the Act numbered 2821. Therefore, the employees not covered by job security have been deprived of the trade union security in case of termination for reasons of trade union activities.

SECURITY OF THE TRADE UNION MANAGERS AND TRADE UNION REPRESENTATIVES

Security of the trade union managers stated under the title of the guarantee of the trade union and confederation managers stated in Article 29 of the Act numbered 2821 has been amended in the Law no 6356 and the security has been broadened. In accordance with the Act numbered 2821, in case of the termination of the management duty of the managers voluntarily resigning from his work for the management of the trade union or confederation, the employer was obliged to employ in the previous works or another work in line with the previous works within one month. With the provisions of Article 23 of the Law no 6356, this obligation has been broadened in a way that the options to suspend the labor contracts during the term of management or to resign by claiming severance pay have been offered to the trade union managers has been introduced. The employee, without complying with the notice period or waiting for the termination of the contract term, can claim severance pay upon being selected as manager. Besides, during his management, the employee reserves the right to claim severance pay to be calculated over the equivalent wage on the date of termination at any time. Just like in the Act numbered 2821, the trade union manager whose labor contract has been suspended, can request re-employment.

In the Law no 6356, the security of the trade union representative is not different from Article 30 of the Act numbered 2821 titled guarantee of the workplace trade union representatives. Accordingly, in accordance with Article 24 of the Law no 6356, in case of the termination of the labor contract of the workplace trade union representative for being a representative, the provisions of Article 21 of the Labor Act shall be applied and the workplace trade union representative shall be entitled to severance pay not less than the annual wage. On the other hand, just like stated in the Act numbered 2821, the employer cannot change the workplace of the workplace trade union representative without the written consent of the employee.

CONCLUSION

The individual freedom to join Trade Unions does not only consist of the freedom to join or not join a trade union; compromises a broad legal structure preventing the discrimination of the employees on the basis of trade union activities or termination of the labor contracts for reasons of trade union activities. The protection of the freedom to join trade unions has been secured with the union compensation. And one of the most significant amendments expected to be enacted was, within the framework of Article 36/1 of the Act numbered 2821, the termination of the association of the union compensation with the job security provided with the Act numbered 4857 and thus, the inclusion all employees under the security of the trade union in accordance with the Act. As a matter of fact, in terms of job security, the text of the Law Draft adopted by the Committee on Health, Family, Labor and Social Affairs of the Grand National Assembly of Turkey excludes the union compensation by excluding from Article 18 of the Labor Act. However, during the enactment process of the Law Draft, upon the amendment of Article 25 of the Law no 6356 on October 11, 2012 by the General Assembly of the Grand National Assembly of Turkey, the union compensation has been considered again within the framework of Article 18 of our Labor Act. Although the possibility of the employees covered by job security to directly file a suit for union compensation strengthens the union compensation as a positive development; there is still a question mark regarding the structuring of the trade union securities of the employees not covered by job security.

[1] Especially ILO Agreement 87 on Freedom of Association and Protection of the Right to Organize, (OG. 25.02.1993/2150) ; ILO Agreement 98 on Right to Organise and Collective Bargaining Convention, (OG.14.08.1951 /7884) and ILO Agreement 158 on Termination of Employment (OG.12. 10. 1994 / 22079)

[2] Law no 2821 on Trade Unions (OG. 07.05.1983/18040)

[3] Law no 2822 on Collective Labor Agreements, Strike and Lockout. (OG.07.05.1983/ 18040)

[4] Grand national Assembly of Turkey, General Assembly Protocol, 24th Term, 3rd  Legislative Session, 11 October 2012, available at: http://www.tbma.gov.tr/develop/owa/Tutanak_B_SD.birlesim_baslangic_yazici?P4=21228&P5=H&page1=1&page2=110

[5] ILO, Agreement numbered 87, (OG. 25.02.1993/2150), Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation..” (a.2)

[6] Law no 6356 on Trade Unions and Collective Bargaining Agreements, (OG.07.11.2012/ 28460) a.2/ğ;  Although Law no 2821 on Trade Unions does not directly specifies required number of persons to establish a trade union, by referring Law no 5253 on Associations article 2.a., requirement of accommodating at least seven workers to establish a trade union is recognized.

[7] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.6.

[8]  Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.4

[9] Law no 6552 on Labour Act and some Acts and Decrees having force of Law and restructuring some public receivable, (OG.11.9.2014/ 29116)

[10] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.2

[11] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a. 2

[12] Argun, Fazilet Nurel “Sendikal Hak ve Özgürlüklerin Hukuki Niteliği” [Legal Nature of Union Rights and Freedoms] Türkiye Barolar Birliği Dergisi, 1995,1, p.9

[13] Constitution of the Republic of Turkey, (OG.09.12.1982 / 17863)

[14] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.17/1 “Any person who completes 15 years of age and who is considered as a worker in accordance with the provisions of this Law may join a workers’ trade union.”

[15] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.17/3

[16] Law No 5982 Amending Certain Provisions of the Constitution (OG. 13.05.2010/ 27580). With introduction of law no 5982, fourth paragraph of article 51 of Constitution stating “membership in more than one trade union cannot be obtained at the same time and in the same line of work” was repealed. Fourth paragraph of article 53 of Constitution stating “more than one collective bargaining agreement at the same place of work for the same period shall not be concluded or put into effect” was also repealed.

[17] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.17/5 –a.19/2

[18] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.18/1

[19] Law no 2822 on Collective Labor Agreements, Strike and Lockout, a. 9/4

[20] Law no 4857 on Labor (OG. 10.06.2003/25134)

[21] Law no 6356 on Trade Unions and Collective Bargaining Agreements ,  a.25/4

[22] Başterzi Süleyman, Türkiye’de Feshe Karşı Koruma Hukuku Reformunun Sosyal Hukuk ve İstihdam Üzerine Etkileri, [Effects of Protection Law Reform against to Termination on Social Law and Employment in Turkey] AUHFD, Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2005, p. 53

[23] Law no 4857 on Labor, a.18/1

[24] Law no 4857 on Labor, a.19/1

[25] Law no 4857 on Labor, a.20/2

[26] Law no 4857 on Labor, a.21/1

[27] Law no 2821 on Trade Unions,  a.31/6

[28] Y.9.HD.19.04.2006, E.2006/9–169, K.2006/221

[29] Y.9.HD. 29.05.2006, E.2005/35647, K.2006/15502

[30] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a. 25/5

[31] Law no 4857 on Labor, a.21/1, “If the court concludes that the termination is not justified, the employer must re-engage the employee in work within one month. If, upon the application of the employee, the employer does not re-engage him in work within one month, compensation to be not less than the employee’s four months’ wages and not more than his eight months’ wages shall be paid to him by the employer.”

[32] Law no 6356 on Trade Unions and Collective Bargaining Agreements , a.25/5

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