Article 6 of
the Law No. 4857 envisions the principle of preservation of working conditions
and the fate of labour contracts in the transfer of undertaking in line with
the relevant regulations of the European Union. However, problematic issues in
transfer of undertakings are not limited to individual labour contracts. One of
the issues that arise on this topic is the question of how workers’ working
conditions will be affected by the transfer in terms of collective labour law.
This may stem from the presence of a collective bargaining agreement in the
transferred undertaking or from the presence of collective bargaining
agreements in the undertakings at the same branch of industry owned by the
transferee. Article 37 and 38 of the Law on Trade Unions and Collective
Bargaining Agreements No. 6356 codifies the matter but remains unsatisfactory
in resolving all of the issues that do or may arise.
collective bargaining agreement employee employer transfer of undertaking working conditions
Journal Section | Articles |
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Authors | |
Publication Date | June 30, 2017 |
Published in Issue | Year 2017 |
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