This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Sendika Üyeliği, Toplu Sözleşme ve Grev Hakkı.
Union membership is established by an electronic application through the e-government portal and is not subject to the employer's approval. Where a worker is dismissed for union-related reasons they may claim trade union compensation independently of any reinstatement claim, and it may not be less than one year's wages (Article 25 of Law no. 6356).
Union membership is a constitutional right, protected in detail by Law no. 6356. In practice, pressure because of membership remains a common problem.
This article explains how membership is established, how the employer comes to know of it, what trade union compensation is, and who benefits from a collective agreement.
How Is Membership Established?
Article 17: those who have completed the age of fifteen and count as workers under the Act may join a workers' union.
Membership is acquired by making an application through the Ministry's electronic system via the e-government portal, and by its acceptance by the competent organ of the union, also through that portal.
An application not refused by the union within thirty days is treated as accepted.
Withdrawal (Article 19): a member may withdraw by giving notice through the e-government portal. Withdrawal takes effect one month after notice is given to the union.
A worker cannot be a member of more than one union in the same branch of activity at the same time; later memberships are invalid.
Protection of Union Freedom
Article 25 provides one of the strongest protections in Turkish employment law.
The recruitment of workers may not be made conditional on joining or not joining a particular union, on remaining a member or withdrawing, or on being a member of any union at all.
An employer may not discriminate, as regards working conditions or termination, between workers who are union members and those who are not, or between members of different unions.
Trade union compensation: where an employer acts contrary to these provisions, compensation of not less than one year's wages is awarded. It is among the highest heads of compensation in employment law.
The burden of proof: where a contract is terminated for union-related reasons, the worker may bring a claim under the job security provisions, and the employer must prove the reason for the termination. Where the worker contends that the termination did not rest on the reason the employer gives, the worker must prove that it rested on union grounds.
Trade union compensation is available even to workers outside the scope of job security.
| Matter | Position |
|---|---|
| Joining a union | Electronically through the e-government portal; no employer approval |
| Acceptance | Deemed accepted if not refused within 30 days |
| Withdrawal | Effective one month after notice |
| Discrimination on union grounds | Prohibited, in recruitment, conditions and termination |
| Trade union compensation | Not less than one year's wages |
| Burden of proof | On the employer to prove the reason for termination |
| Workplace representative | Job security applies regardless of the thirty-worker threshold |
Trade union compensation may be claimed alongside a reinstatement claim, and is available even to workers outside the scope of job security.
Collective Agreements: Who Benefits?
A collective labour agreement is concluded between the union with bargaining competence and the employer or employers' association, and it governs the conclusion, content and termination of employment contracts.
Who benefits:
- Members of the signatory union, automatically.
- Those who join later, from the date their membership takes effect.
- Non-members, by paying a solidarity contribution — a written request to the employer is enough, and the employer's consent is not required.
The solidarity contribution is a practical route often overlooked: a worker who does not wish to join the union can still obtain the benefit of the agreement by requesting it and paying the contribution.
Terms of an individual contract that are contrary to the collective agreement are invalid, and the collective agreement's terms apply in their place — unless the individual contract is more favourable to the worker, in which case it prevails.
Bargaining Competence and the Thresholds
To conclude a collective agreement a union must obtain a determination of bargaining competence from the Ministry, which requires that it meet:
- the branch-of-activity threshold — a defined proportion of the workers in that branch nationally, and
- the workplace threshold — a majority of the workers at the workplace or undertaking concerned.
The determination may be challenged, and the process before the labour court can take months, which is why the periods in this area matter.
The Right to Strike
A lawful strike may be called only where the collective bargaining process has been followed and a dispute recorded. Workers taking part in a lawful strike keep their employment contracts, which are suspended: no wages are paid, but the contract does not end and the worker cannot be dismissed for taking part.
An unlawful strike is different: it can be a ground for termination for just cause and can give rise to liability in damages, which is why compliance with the procedural steps matters so much.
A worker who does not want to join the signatory union can still take the benefit of a collective agreement by asking the employer in writing to apply it against a solidarity contribution. No consent is needed — and it is the route most often left unused.
Frequently Asked Questions
How do I join a union?
By an electronic application through the e-government portal, accepted by the union through the same system. The employer's approval is not required, and an application not refused within thirty days is treated as accepted.
Can I be dismissed for being a member?
No. Discrimination on union grounds in recruitment, conditions or termination is prohibited, and a dismissal on union grounds attracts trade union compensation of not less than one year's wages.
Who has to prove why I was dismissed?
The employer must prove the reason. If you contend the stated reason was not the real one, you must prove that the termination rested on union grounds.
Can I benefit from a collective agreement without joining?
Yes, by asking the employer in writing to apply it against a solidarity contribution. The employer's consent is not required.
What happens to my contract during a lawful strike?
It is suspended: no wages are paid, but the contract does not end and you cannot be dismissed for taking part. An unlawful strike is different and can justify termination.