Toplu İș Sözleșmesinde Taraf Ehliyeti

A collective agreement is a body of rules that have a constitutional basis and that is including the conditions relating to working, as the most important means of bargaining power achieved by the organized working class against employers. The parties to this agreement are the authorized labor union representing the workers and the employer's union representing the employer side or the employer with non-union membership. In Turkish labor law, actions in determination of those parties who are competent to make collective agreements are taken within the framework of competence and authorization issues. However, in the Unions and Collective Agreement Act No. 6356, which is the principle place where collective agreements are regulated, the competence and authorization in the conditions for being a party to these agreements are not separated by a strict limit. In this study, the competence of making collective agreement, which is one of the most important sources of labor law, will be examined in all conditions in terms of workers and employers, and the practice will be explained with the case law of the Court of Cassation and the Constitutional Court.