LABOUR RIGHTS INDEX 2022

Trade Union
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Trade Union
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LRI 2022
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lri 2022 Country Profiles

Turkey

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Turkey’s overall score is 82.5 out of 100. The overall score for Turkey is lower than the regional average observed across Eastern Europe (88). Within the Eastern European region, the highest score is observed for Greece (96).

Turkey ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1993 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1952.

Labour Rights Index 2022

82.5/100

LRI Country Score

50/100

Trade Union Indicator

9.85 %

Trade union density rate (%)

7.4 %

Collective bargaining coverage rate (%)

3.66

SDG indicator 8.8.2

4

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

Yes

1

§33 & 51, Constitution 1996; §18 of Labour Law 2003; §3, 17 & 25 of the Law No. 6356 of 2012

No Violation Found

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§53 of the Turkish Constitution; §33-57 of the Labour Law on Trade Unions and Collective Bargaining Agreements No. 6356, 2012

A

Does the law provide for the right to strike?

No

0

§54 of the Turkish Constitution

A

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

§54 of the Turkish Constitution; §66-70 of the Law on Trade Unions and Collective Bargaining Agreements No. 6356, 2012

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

National Labour Legislation
§34 &35 of the Labour Law on Trade Unions and Collective Bargaining Agreements No. 6356, 2012

Scope and level of the collective labour agreement
ARTICLE 34 – (1) A collective labour agreement may cover one or more workplaces within the same branch of
activity.
(2) A collective labour agreement may only be concluded at the enterprise level, in workplaces where there is more
than one workplace in the same branch of activity belonging to the same legal or natural person or to the same public
institution or organization.
(3) A group collective labour agreement is concluded between a workers’ and an employers’ trade union to cover the workplaces and enterprises in the same branch of activity belonging to more than one employer.
(4) Any dispute concerning the conditions required for workplaces for which enterprise level collective agreement is to be concluded shall be decided within 15 days by the competent courts where the headquarters of enterprise is located. In
the event of an appeal, the Supreme Court shall give a final decision within 15 days.
Form and duration of a collective labour agreement ARTICLE 35 – (1) A collective labour agreement shall be done in written.
(2) A collective labour agreement shall be concluded for a period of not less than one year and not more than three years. After the conclusion of a collective labour agreement, the parties shall not extend or reduce the duration of the agreement or terminate it before the expiration date.
(3) Collective labour agreements concluded to apply to work lasting less than one year may cover a period less than one year. The agreement shall apply for the entire year in case the work is not completed.
(4) The authorization procedure for a new collective labour agreement may begin within the 120 days before the expiration of a collective labour agreement. The new collective labour agreement shall not enter into force before the expiry
of the previous agreement

Violations

National Labour Legislation
§54 of the Turkish Constitution

ARTICLE 54
Workers have the right to strike during the collective bargaining process if a disagreement arises. The procedures and conditions governing the exercise of this right and the employer’s recourse to a lockout, the scope of, and the exceptions to them shall be regulated by law.

The right to strike and lockout shall not be exercised in a manner contrary to the rules of goodwill, to the detriment of society, and in a manner damaging national wealth.

The circumstances and workplaces in which strikes and lockouts may be prohibited or postponed shall be regulated by law.

In cases where a strike or a lockout is prohibited or postponed, the dispute shall be settled by the Supreme Arbitration Board at the end of the period of postponement. The disputing parties may apply to the Supreme Arbitration Board by mutual agreement at any stage of the dispute. The decisions of the Supreme Arbitration Board shall be final and have the force of a collective labour agreement.

The organization and functions of the Supreme Arbitration Board shall be regulated by law.

Those who refuse to go on strike shall in no way be barred from working at their workplace by strikers.

Violations

No Violation