Important Constitutional Court Decision Regarding Labour Union Rights

The Turkish Constitutional Court ("Constitutional Court") issued a decision ("Constitutional Court Decision") regarding the right to benefit from collective bargaining agreements ("CBA") and the right to unionize, based on an individual application.

The summary of the case and the assessment made by the Constitutional Court is as follows:

1. The applicant ("Applicant") worked as an accounting manager at a workplace where the Turkish Mining Workers' Union ("Union") was organized.
2. The Applicant was also a member of the Union.
3. The Applicant stated that, although she was excluded from the scope of the CBA as a white-collar employee for a certain period of her employment, the employer applied the salary increases stipulated in the CBA to her as well. The applicant further indicated that the employer discontinued this practice after a certain period of time based on the claim that the applicant was a whitecollar worker and was, therefore, excluded from the scope