Research Article

BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE

Volume: 7 Number: 1 March 30, 2018
EN

BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE

Abstract

Purpose- Paying solidarity due is one of the ways to benefit from collective labour agreement for labours who work in the workplace in scope of the collective labour agreement but not a member of the labour union who made the agreement. Benefiting from collective labour agreement by paying solidarity due could begin after the signature date of the agreement. Labours who pay solidarity due could not be benefitted from retrospective clauses of collective agreement.

Methodology- In our study, the scope and provisions to benefit from the collective labour agreement by paying solidarity due would be discoursed. 

Findings- There is no difference in the scope of benefit from collective labour agreement between paying solidarity due and being a member of the labour union except benefiting the retrospective clauses of the agreement.

Conclusion-  In order to establish a balance between collective union freedom and negative freedom of trade union, the amendment of the law that permitted labours who pay solidarity due to benefit from the retrospective clauses is needed.

Keywords

References

  1. Aktay, N. (1998). Türk İş Hukukunda Dayanışma Aidatı Müessesesi. Tühis, August.
  2. Aktay N., Arıcı K., Senyen Kaplan, E.T. (2013). İş Hukuku, 6. ed., Ankara.
  3. Akyiğit, E. (2015). Toplu İş Hukuku El Kitabı, Ankara.
  4. Andaç, F. (1989). Dayanışma Aidatının Türk Sendikal Faaliyetleri İçindeki Yeri ve Önemi. Erciyes Üniversitesi Sosyal Bilimler Enstitüsü Dergisi, vol. 3, pp. 47- 58.
  5. Başbuğ, A. (2012). Toplu İş İlişkileri ve Hukuk, Ankara.
  6. Canbolat, T. (1991). Türk İş Hukukunda Asıl İşveren-Alt İşveren İlişkileri, İstanbul.
  7. Canbolat, T. (2002). Toplu İş Sözleşmesinden Yararlanamayacak İşçiler, Kamu İş, vol. 6, no. 4, pp. 163-201.
  8. Canbolat, T. (2013). 6356 sayılı Kanunun Toplu İş Sözleşmesine İlişkin Hükümleri, Kadir Has Üniversitesi Hukuk Fakültesi, 22.12.2012, İş Hukukunda Güncel Sorunlar 3, pp. 53- 93, Ankara.

Details

Primary Language

English

Subjects

-

Journal Section

Research Article

Publication Date

March 30, 2018

Submission Date

February 2, 2018

Acceptance Date

-

Published in Issue

Year 2018 Volume: 7 Number: 1

APA
Ozkaraca, E. (2018). BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE. Journal of Business Economics and Finance, 7(1), 10-16. https://doi.org/10.17261/Pressacademia.2018.791
AMA
1.Ozkaraca E. BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE. JBEF. 2018;7(1):10-16. doi:10.17261/Pressacademia.2018.791
Chicago
Ozkaraca, Ercument. 2018. “BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE”. Journal of Business Economics and Finance 7 (1): 10-16. https://doi.org/10.17261/Pressacademia.2018.791.
EndNote
Ozkaraca E (March 1, 2018) BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE. Journal of Business Economics and Finance 7 1 10–16.
IEEE
[1]E. Ozkaraca, “BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE”, JBEF, vol. 7, no. 1, pp. 10–16, Mar. 2018, doi: 10.17261/Pressacademia.2018.791.
ISNAD
Ozkaraca, Ercument. “BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE”. Journal of Business Economics and Finance 7/1 (March 1, 2018): 10-16. https://doi.org/10.17261/Pressacademia.2018.791.
JAMA
1.Ozkaraca E. BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE. JBEF. 2018;7:10–16.
MLA
Ozkaraca, Ercument. “BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE”. Journal of Business Economics and Finance, vol. 7, no. 1, Mar. 2018, pp. 10-16, doi:10.17261/Pressacademia.2018.791.
Vancouver
1.Ercument Ozkaraca. BENEFITING FROM COLLECTIVE LABOUR AGREEMENT BY PAYING SOLIDARITY DUE. JBEF. 2018 Mar. 1;7(1):10-6. doi:10.17261/Pressacademia.2018.791

Journal of Business, Economics and Finance (JBEF) is a scientific, academic, double blind peer-reviewed, semi-annual and open-access journal. The publication language is English. The journal publishes 2 issues a year. The issuing months are June and December. The journal aims to provide a research source for all practitioners, policy makers and researchers working in the areas of business, economics and finance. The Editor of JBEF invites all manuscripts that that cover theoretical and/or applied researches on topics related to the interest areas of the Journal. JBEF charges no submission or publication fee.



Ethics Policy - JBEF applies the standards of Committee on Publication Ethics (COPE). JBEF is committed to the academic community ensuring ethics and quality of manuscripts in publications. Plagiarism is strictly forbidden and the manuscripts found to be plagiarized will not be accepted or if published will be removed from the publication. Authors must certify that their manuscripts are their original work. Plagiarism, duplicate, data fabrication and redundant publications are forbidden. The manuscripts are subject to plagiarism check by iThenticate or similar. All manuscript submissions must provide a similarity report (up to 15% excluding quotes, bibliography, abstract, method).


Open Access - All research articles published in PressAcademia Journals are fully open access; immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited. Open access is a property of individual works, not necessarily journals or publishers. Community standards, rather than copyright law, will continue to provide the mechanism for enforcement of proper attribution and responsible use of the published work, as they do now.