Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Türkiye (Ratification: 1952)

Article 1 of the Convention. Adequate protection against anti-union dismissals. The Committee notes the allegations submitted by the Confederation of Progressive Trade Unions of Turkey (DISK) under the Workers’ Representatives Convention, 1971 (No. 135), received on 30 August 2025, according to which section 24 of Act No. 6356 offers limited protection against dismissals for anti-union discrimination. The Committee notes that DISK alleges in this respect that while section 24 prohibits any dismissal without valid written reasons and allows the representative or union to challenge the dismissal in court, in case of reinstatement wages and rights are restored for the period between dismissal and the final court decision, “provided that this does not exceed the term of representation”. The Committee notes that DISK points out that if a union representative at the workplace is dismissed, the union must appoint a new representative to replace him or her; in this case, with the appointment of the new representative, the term of the former representative is deemed to have ended, as his or her representative functions have ceased. For DISK, there is therefore a loophole in the legal provision, forcing the union to choose between operating without a representative at the workplace or eliminating the compensation that the representative would receive. In view of the above, the Committee requests the Government to provide its comments in response to the observations of DISK, as well as detailed information on the application of section 24 of Act No. 6356 in practice, to ensure that union representatives subject to discriminatory dismissals are adequately compensated.