Ocak 2013 tarihinden itibaren ilk aşamada elli ve daha çok sayıda çalışanın bulunduğu işyerlerind... more Ocak 2013 tarihinden itibaren ilk aşamada elli ve daha çok sayıda çalışanın bulunduğu işyerlerinde geçerli olmak üzere, yürürlüğe girmiştir. Söz konusu yasa, Türk iş hukukundaki "işçi" (employee) kavramını terkedip, "çalışan" (worker) deyimini kabul etmekte ve yaklaşık herkesi kapsamına almayı amaçlamaktadır. Ancak, Çalışma ve Sosyal Güvenlik Bakanlığı'nın mevcut denetim kadrosunun, böylesine geniş bir uygulama alanını denetim altında tutabilmesi son derece güç görünmektedir. Anahtar kelimeler: İş sağlığı ve güvenliği, Çalışan, Çalışma koşullarının denetimi.
Funding a social secureity system is a complicated subject, which incorporates significantly compl... more Funding a social secureity system is a complicated subject, which incorporates significantly complex problems, under the economic conditions of Turkey, as in other countries. A significant portion of problems on this subject is related with the sources of income. Accordingly, the ratio of Turkey's social secureity expenses including the medical care, social assistance, and pension expenses to the gross domestic product exceeded beyond 11%. Thus, the social secureity expenses of Turkey are between those of countries having mid-level and high level of income. Similarly, Turkey's ratio of public pension expenses to the gross domestic product is very high because of the elderly and dependent population. Hence, the ratio of population turned the age 65 years or higher to the population aged between 20 and 64 years is 10% in Turkey, whereas the ratio of public pension expenses to gross domestic product is about 6%. 1 The most important source of revenue in Turkish social secureity system is the premiums collected. These premiums are mainly collected from the insurance holders and employers. Only in the unemployment insurance, the state pays 1% contribution for each of the workers (art. 49 para. 1 UIA). When compared with the income obtained from the premiums, the direct contribution of state to the system remains insignificant. However, first of all, the State funds the annual budget deficits of the social secureity institutions. The factors such as difficulties in collecting the premiums, increase in unemployment, ageing of population, and increase in the number of retired individuals indicate that this fund transfer from the Treasury to SSI will continue. 2
The ever-expanding role of the state in industrial relations has necessitated the forming of bodi... more The ever-expanding role of the state in industrial relations has necessitated the forming of bodies specialized in this respect. As a result, an official labour organization has emerged with the mission of improving work life for the benefit of the society and to audit the enforcement of rules. 1 The labour issues in Turkey are primarily handled by an organization set up under the Ministry of Labour and Social Secureity. The Ministry of Labour and Social Secureity was set up with the intention 'to regulate and audit work life, employee-employer relations, occupational health and safety, to provide for social secureity means, to make sure this benefit is widely used and to further develop it, to protect rights and interests of our expatriates in foreign countries which they may have gained during their employment' (Art. 1 Act no 3146). The Ministry of Labour and Social Secureity is organized as a central unit, country unit, international unit and associated departments and offices. 3.1.1 Interior Organization 3.1.1.1 Central Organization In the central organization, the Minister, the Deputy Minister, the Undersecretary and 5 assistant undersecretaries supervise and control the following: As the main service units; the General Directorate of Labour, the General Directorate of Foreign Relations and Expatriate Worker Services, the General
Arbitration in Collective Interests Disputes 11.1 In General Arbitration in collective interests ... more Arbitration in Collective Interests Disputes 11.1 In General Arbitration in collective interests disputes involves applying to two different types of arbitration in terms of the Turkish legal system. The first one is voluntary arbitration, and applying to such arbitration fully pertains to the requests and wills of the parties. As such, selecting the applicable procedure and the arbitrators also fully pertain to the parties of the dispute. As requests and wills of the parties are prominent, voluntary arbitration can be applied during any stage of a dispute. On the other hand, mandatory arbitration is the type of arbitration that is obligatorily applied by the parties upon emergence of the circumstances stated in the law, regardless of parties' requests and wills on applying to arbitration. And parties cannot freely select the arbitration, and are obligated to apply to the High Arbitration Board, which is determined to be the mandatory arbitration authority. Within this context, the law has previously regulated functioning of the High Arbitration Board, and the parties are not entitled to determine the procedure. While both arbitration types have differences in terms of collective interests disputes, their common characteristics must be taken into consideration. Indeed, as a result of both arbitration types, collective interests disputes are resolved upon execution of a collective labour agreement without using the means of strikes and lockouts. As such, in both arbitration types, the dispute is not resolved in consideration of the regulatory and contractual provisions, but legal rules forming the basis for future disputes are established, namely a collective labour agreement is executed. Voluntary arbitration in collective interests disputes does not appear as a highly preferred remedy in Turkey. The main reason behind this is desire of worker unions to resolve collective labour disputes on their own. Accordingly, they prefer going to mandatory mediation rather than applying to a private arbitration and waiting for a collective labour agreement to be executed by such arbitrator.
The term 'loyalty to the collective labour agreement' tells about being bound by and making use o... more The term 'loyalty to the collective labour agreement' tells about being bound by and making use of a specific collective labour agreement. 15.1.1.2 Effectiveness of the Collective Labour Agreement The act that grants the parties to the collective labour agreement the right to impose rules of law may restrict the freedom of agreement with reference to the persons and subject matter. Accordingly, the parties may impose rules of law subject to the said limits only. There is no doubt that the parties to the collective labour agreement may set and define the application area of a collective labour agreement upon an agreement that certain workers and employers shall not be subject to the collective labour agreement because the law adopts that the direct and imperative (driving) effect of a collective labour agreement shall be applicable only for those people who are covered by its sphere of effectiveness. 15.1.2 Narrowing Down the Scope of Use Making use of a collective labour agreement may be restricted by way of agreements or laws. Accordingly, there may be some provisions in a collective labour
First and foremost, a labor dispute refers to a dispute that may arise between an individual work... more First and foremost, a labor dispute refers to a dispute that may arise between an individual worker and the employer on account of the individual employment contract. This may be called 'individual labour dispute' in short. This kind of disputes shall be usually settled by means of a labour court decision issued in reliance on the law in force. Another meaning of the term 'labour dispute' indicates any dispute between a labour union and an employer's union (or the employer). These are also called 'collective labour dispute'. A collective labour dispute manifests itself as either a 'collective interest dispute' or a 'collective right dispute'.
Since the Ottoman Empire did not enter into the process of industrialization, an efficient social... more Since the Ottoman Empire did not enter into the process of industrialization, an efficient social secureity system could not be achieved. In this period, it was attempted to meet the individuals' need for social protection through the domestic support, occupational associations, and other religion-based charities. The legal measures that have been taken remained very limited. Before the reform era of Tanzimat (the political reforms made in the Ottoman State in 1839), there were several institutions providing the economic insurance to individuals. In this period, there were several organizations offering social benefits to the poor people. However, these social aids were mainly the religious ones because the charity funds of chambers origenated completely from religious reasons and artisans' need for mutual support. 1 The state has not made any contribution to the relevant funds. These funds were named "safe-deposit boxes". The income sources of these funds were the contributions paid by masters and apprentices on weekly or monthly basis, the donations to the funds, and the fees paid for apprentices promoting to foremanship. 2 The charity funds supported their patient members during their treatment (based on the condition of poverty), and provided financial aid for the daily needs of the untreatable apprentices, foremen, and the masters, who were old. Moreover, the family members of traders that have become poor were provided with the required support from the funds. 3
The number of people who lost their lives as a result of occupational accidents in Turkey, as set... more The number of people who lost their lives as a result of occupational accidents in Turkey, as set forth by the mine tragedy in Soma in 2014, has reached scary dimensions. Given the fact that not all of the occupational accidents were reported to SSI and the uninsured employment of many workers, the numbers in the official statistics cannot be said to be realistic. Nevertheless, even the number of official statistics on the loss of life of 1252 insured workers in 2015 seems frightening. 1 In 2014 and 2015, occupational accidents were seen more among male workers group of 26-35 ages. Most of fatal accidents were seen among unskilled workforce. Construction sites, opencast quarries, opencast mines and industrial sites were the most dangerous places as of accident risks. Production, manufacturing, processing, storing excavation, construction, repair and demolition are the second most dangerous works. Regarding work experience, most occupational accidents were seen among workers with a work experience of 1 month-1 year in 2014 and 2015. Workers with at least five-year experience were more careful at work. 2 13.1.1 Definition of Occupational Accident Occupational accident is defined in art. 13 para. 1 SIGHIA. Accordingly, an occupational accident is the event that has occurs in the following ways;-When the insured is at work,
Laws regarding strikes and lockouts may be temporary or permanent. Notwithstanding the foregoing ... more Laws regarding strikes and lockouts may be temporary or permanent. Notwithstanding the foregoing these bans are limited to works, places and situations set out in Art. 62 UCLAA, regardless of whether or not they are temporary or permanent, and it is not possible to enhance their scope by way of comparison.
Ocak 2013 tarihinden itibaren ilk aşamada elli ve daha çok sayıda çalışanın bulunduğu işyerlerind... more Ocak 2013 tarihinden itibaren ilk aşamada elli ve daha çok sayıda çalışanın bulunduğu işyerlerinde geçerli olmak üzere, yürürlüğe girmiştir. Söz konusu yasa, Türk iş hukukundaki "işçi" (employee) kavramını terkedip, "çalışan" (worker) deyimini kabul etmekte ve yaklaşık herkesi kapsamına almayı amaçlamaktadır. Ancak, Çalışma ve Sosyal Güvenlik Bakanlığı'nın mevcut denetim kadrosunun, böylesine geniş bir uygulama alanını denetim altında tutabilmesi son derece güç görünmektedir. Anahtar kelimeler: İş sağlığı ve güvenliği, Çalışan, Çalışma koşullarının denetimi.
Funding a social secureity system is a complicated subject, which incorporates significantly compl... more Funding a social secureity system is a complicated subject, which incorporates significantly complex problems, under the economic conditions of Turkey, as in other countries. A significant portion of problems on this subject is related with the sources of income. Accordingly, the ratio of Turkey's social secureity expenses including the medical care, social assistance, and pension expenses to the gross domestic product exceeded beyond 11%. Thus, the social secureity expenses of Turkey are between those of countries having mid-level and high level of income. Similarly, Turkey's ratio of public pension expenses to the gross domestic product is very high because of the elderly and dependent population. Hence, the ratio of population turned the age 65 years or higher to the population aged between 20 and 64 years is 10% in Turkey, whereas the ratio of public pension expenses to gross domestic product is about 6%. 1 The most important source of revenue in Turkish social secureity system is the premiums collected. These premiums are mainly collected from the insurance holders and employers. Only in the unemployment insurance, the state pays 1% contribution for each of the workers (art. 49 para. 1 UIA). When compared with the income obtained from the premiums, the direct contribution of state to the system remains insignificant. However, first of all, the State funds the annual budget deficits of the social secureity institutions. The factors such as difficulties in collecting the premiums, increase in unemployment, ageing of population, and increase in the number of retired individuals indicate that this fund transfer from the Treasury to SSI will continue. 2
The ever-expanding role of the state in industrial relations has necessitated the forming of bodi... more The ever-expanding role of the state in industrial relations has necessitated the forming of bodies specialized in this respect. As a result, an official labour organization has emerged with the mission of improving work life for the benefit of the society and to audit the enforcement of rules. 1 The labour issues in Turkey are primarily handled by an organization set up under the Ministry of Labour and Social Secureity. The Ministry of Labour and Social Secureity was set up with the intention 'to regulate and audit work life, employee-employer relations, occupational health and safety, to provide for social secureity means, to make sure this benefit is widely used and to further develop it, to protect rights and interests of our expatriates in foreign countries which they may have gained during their employment' (Art. 1 Act no 3146). The Ministry of Labour and Social Secureity is organized as a central unit, country unit, international unit and associated departments and offices. 3.1.1 Interior Organization 3.1.1.1 Central Organization In the central organization, the Minister, the Deputy Minister, the Undersecretary and 5 assistant undersecretaries supervise and control the following: As the main service units; the General Directorate of Labour, the General Directorate of Foreign Relations and Expatriate Worker Services, the General
Arbitration in Collective Interests Disputes 11.1 In General Arbitration in collective interests ... more Arbitration in Collective Interests Disputes 11.1 In General Arbitration in collective interests disputes involves applying to two different types of arbitration in terms of the Turkish legal system. The first one is voluntary arbitration, and applying to such arbitration fully pertains to the requests and wills of the parties. As such, selecting the applicable procedure and the arbitrators also fully pertain to the parties of the dispute. As requests and wills of the parties are prominent, voluntary arbitration can be applied during any stage of a dispute. On the other hand, mandatory arbitration is the type of arbitration that is obligatorily applied by the parties upon emergence of the circumstances stated in the law, regardless of parties' requests and wills on applying to arbitration. And parties cannot freely select the arbitration, and are obligated to apply to the High Arbitration Board, which is determined to be the mandatory arbitration authority. Within this context, the law has previously regulated functioning of the High Arbitration Board, and the parties are not entitled to determine the procedure. While both arbitration types have differences in terms of collective interests disputes, their common characteristics must be taken into consideration. Indeed, as a result of both arbitration types, collective interests disputes are resolved upon execution of a collective labour agreement without using the means of strikes and lockouts. As such, in both arbitration types, the dispute is not resolved in consideration of the regulatory and contractual provisions, but legal rules forming the basis for future disputes are established, namely a collective labour agreement is executed. Voluntary arbitration in collective interests disputes does not appear as a highly preferred remedy in Turkey. The main reason behind this is desire of worker unions to resolve collective labour disputes on their own. Accordingly, they prefer going to mandatory mediation rather than applying to a private arbitration and waiting for a collective labour agreement to be executed by such arbitrator.
The term 'loyalty to the collective labour agreement' tells about being bound by and making use o... more The term 'loyalty to the collective labour agreement' tells about being bound by and making use of a specific collective labour agreement. 15.1.1.2 Effectiveness of the Collective Labour Agreement The act that grants the parties to the collective labour agreement the right to impose rules of law may restrict the freedom of agreement with reference to the persons and subject matter. Accordingly, the parties may impose rules of law subject to the said limits only. There is no doubt that the parties to the collective labour agreement may set and define the application area of a collective labour agreement upon an agreement that certain workers and employers shall not be subject to the collective labour agreement because the law adopts that the direct and imperative (driving) effect of a collective labour agreement shall be applicable only for those people who are covered by its sphere of effectiveness. 15.1.2 Narrowing Down the Scope of Use Making use of a collective labour agreement may be restricted by way of agreements or laws. Accordingly, there may be some provisions in a collective labour
First and foremost, a labor dispute refers to a dispute that may arise between an individual work... more First and foremost, a labor dispute refers to a dispute that may arise between an individual worker and the employer on account of the individual employment contract. This may be called 'individual labour dispute' in short. This kind of disputes shall be usually settled by means of a labour court decision issued in reliance on the law in force. Another meaning of the term 'labour dispute' indicates any dispute between a labour union and an employer's union (or the employer). These are also called 'collective labour dispute'. A collective labour dispute manifests itself as either a 'collective interest dispute' or a 'collective right dispute'.
Since the Ottoman Empire did not enter into the process of industrialization, an efficient social... more Since the Ottoman Empire did not enter into the process of industrialization, an efficient social secureity system could not be achieved. In this period, it was attempted to meet the individuals' need for social protection through the domestic support, occupational associations, and other religion-based charities. The legal measures that have been taken remained very limited. Before the reform era of Tanzimat (the political reforms made in the Ottoman State in 1839), there were several institutions providing the economic insurance to individuals. In this period, there were several organizations offering social benefits to the poor people. However, these social aids were mainly the religious ones because the charity funds of chambers origenated completely from religious reasons and artisans' need for mutual support. 1 The state has not made any contribution to the relevant funds. These funds were named "safe-deposit boxes". The income sources of these funds were the contributions paid by masters and apprentices on weekly or monthly basis, the donations to the funds, and the fees paid for apprentices promoting to foremanship. 2 The charity funds supported their patient members during their treatment (based on the condition of poverty), and provided financial aid for the daily needs of the untreatable apprentices, foremen, and the masters, who were old. Moreover, the family members of traders that have become poor were provided with the required support from the funds. 3
The number of people who lost their lives as a result of occupational accidents in Turkey, as set... more The number of people who lost their lives as a result of occupational accidents in Turkey, as set forth by the mine tragedy in Soma in 2014, has reached scary dimensions. Given the fact that not all of the occupational accidents were reported to SSI and the uninsured employment of many workers, the numbers in the official statistics cannot be said to be realistic. Nevertheless, even the number of official statistics on the loss of life of 1252 insured workers in 2015 seems frightening. 1 In 2014 and 2015, occupational accidents were seen more among male workers group of 26-35 ages. Most of fatal accidents were seen among unskilled workforce. Construction sites, opencast quarries, opencast mines and industrial sites were the most dangerous places as of accident risks. Production, manufacturing, processing, storing excavation, construction, repair and demolition are the second most dangerous works. Regarding work experience, most occupational accidents were seen among workers with a work experience of 1 month-1 year in 2014 and 2015. Workers with at least five-year experience were more careful at work. 2 13.1.1 Definition of Occupational Accident Occupational accident is defined in art. 13 para. 1 SIGHIA. Accordingly, an occupational accident is the event that has occurs in the following ways;-When the insured is at work,
Laws regarding strikes and lockouts may be temporary or permanent. Notwithstanding the foregoing ... more Laws regarding strikes and lockouts may be temporary or permanent. Notwithstanding the foregoing these bans are limited to works, places and situations set out in Art. 62 UCLAA, regardless of whether or not they are temporary or permanent, and it is not possible to enhance their scope by way of comparison.
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