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NEW REGULATION ABOUT LABOR DISPUTE DISAGREEMENTS AND SOLUTIONS

Apr 17, 2020 Latest News by kornar

Coronavirus (COVID-19) is a respiratory disease that infects a large number of people around the World, spreads rapidly and shows its negative effects in our country as well and it is declared as “pandemic” by World Health Organization. Within the scope of the struggle with the pandemic, a number of measures have been taken to protect both public health and economic life. Within the scope of taken measures, The Law on Mitigating the Effects of the New Coronavirus (Covid-19) Outbreak on Economic and Social Life and Amendments on Some Laws has been published in the Official Gazette.

One of the prominent titles in the law numbered 7244 is the second article, with this article, postponing some meetings, extending the duration of the documents and licenses and enabling working home-office have been regulated in order to prevent the right abuse caused by Covid-19 pandemic. With this regulation, “Pausing the periods of making the Collective Labor Agreements, resolution of collective labor disputes and strike and lockout processes for three months; in terms of not causing any loss of rights for the parties upon pausing, having the periods in the law not being proceeded” have been aimed.

a) According to subparagraph (h) of the second article in the Law; “The determination stipulated in the paragraph (a) of the second paragraph of the Article 30 of the Law of the Public Servants’ Unions and Collective Labor Agreement dated 25/6/2001 and numbered 4688 shall be carried out according to date of 15 July 2020 for the year 2020 and it shall be sent to the Ministry of Family, Labor and Social Services until 31 July 2020 latest. The determination to be made according to subparagraph (b) of the same paragraph shall be made as based on the date of 15 July 2020 and it shall be published in the official Gazette in the first week of the September. The President is authorized to extend these periods until 15 May 2021.”

This determination, which is stated under the article 30 of Law No. 4688, is related to determination of the number of members of unions and confederations.

b) According to subparagraph (ı) of the same article; “The periods for determination of the authorization. Making the Collective Labor Agreement Agreements, resolution of collective labor disputes and the strike and lockout within the scope of the Unions and Collective Labor Agreement Law dated 18/10/2012 and numbered 6356, have been extended for three months following the entry into force date of this article. The president is authorized to extend the period of three months in this paragraph up to three months from the end of this period.”

These articles entered into force on 17.04.2020 upon publication of the Law numbered 7244 in the Official Gazette.


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