İstanbul Kultur University (İKU) organized the “3rd Prof. Dr. Turhan Esener Labor Law International Congress” on April 19-20. Current issues related to fundamental rights and freedoms in labor law were discussed at the congress which was organized by our faculty in collaboration with the Confederation of Turkish Trade Unions (Turk-İş).

Delivering the opening speech at the congress, the Dean of the Faculty of Law Prof. Dr. Dr. hc. mult. Bahri Öztürk expressed that the biannual congress achieved the expected participation in previous years and became successful, and he expressed that they expect to achieve the same success this year too. Öztürk said, "I wish success to all participants and I hope that the congress opens new horizons for labor law. I believe that the students of our beloved instructor will continue to honor Turhan Esener’s name forever through this congress. The İKU Faculty of Law will continue its efforts in this regard because the contribution of our instructor is unforgettable. We are incredibly lucky to be together with him. That's why I count myself as one of the luckiest people in the world.”

“WE ARE ALL A PART OF BUSINESS LIFE”

Speaking at the congress, Rector Prof. Dr. Erhan Güzel emphasized that everyone who is under the roof of İKU as an employer or employee, regardless of their titles and positions, is part of business life. Stating that he feels honored to have met and worked with Prof. Dr. Turan Esener, Prof. Dr. Güzel said, "We are all part of business life or will soon be a part of it, like some of our students. For this reason, we obviously have to pay attention to labor law, a legal branch that deals with business relations and was created for the special needs of employees, keeping in mind that we all need justice, which is the foundation of the state as Atatürk said.”

“OUR WORKERS FACE GREAT PROBLEMS”

Speaking at the congress, General Financial Secretary of Turk-İş and Chairman of the Yol-İş Union, Ramazan Ağar, highlighted the extent of workers' problems. Ağar said, "Our country faces problems; our workers also face great problems, but we know that these problems do not matter without our country. The existence of our country and our state, our unity among our common interests comes before everything else. There are significant problems that workers have to deal with in work life. We are representatives of the aggrieved party."

Drawing attention to work-related homicides, Ağar said the following: "There are enormous problems that workers have to deal with in work life. Employment guarantee, minimum wage, freedom of unionization, the collective bargaining process, lack of a dignified life and working conditions, and social security rights are problematic. All these issues are among the main subjects of labor law. If there is a disruption in worker rights and freedoms, or in a field directly related to the economic and social policies implemented with the democratic system, these are also reflected in work life.”

“REGULATIONS INTRODUCED WITH DECREE-LAW NO. 696 ARE INCOMPLETE”

Indicating that the problems of subcontracted workers are regulated by Law No. 696, Ramazan Ağar said:

"The regulations introduced with Decree Law No. 696 to solve this problem defined as the bleeding wounds of work life by our confederation are positive but incomplete. There are workers who are deprived of the right to being permanent staff due to the latest regulation. In our law, trade union organization was adopted according to the line of work, and the workplace was taken as the basis of activity. Allowing the organization of unions established in different lines of work in the same workplace and multiple collective bargaining agreements may lead to turmoil and union conflict in the workplace, resulting in a deterioration of working conditions. Subcontracted workers must be registered in the original employer line of work. Today, one of the biggest obstacles union organizations face in our country is the authority mechanism. Workers should not be left without collective bargaining.”

"MEDIATION SHOULD HAVE REMAINED ARBITRARY IN WORKERS’ CASES"

Stating that mandatory mediation is underway, General Financial Secretary of Turk-İş and Chairman of Yol-İş Union, Ramazan Ağar, said that mediation should remain arbitrary in workers’ cases. Ağar said, "During the preparatory work of the Labor Courts Law, we objected to the mediation practice being a cause of action and becoming mandatory. The mediation should have remained arbitrary in business lawsuits. Workers cannot agree on the legal rights they have been entitled to in the mediation process. They do not wait for prolonged and costly lawsuit processes either. We want to wait and see what the practice will bring in this regard. We believe that it would be best if expert labor law mediators who are familiar with worker sensibilities got more involved in the mandatory mediation practice. Let's not forget that a worker does not work under equal conditions as his employer. This point should not be overlooked.”

Prof. Dr. Turhan Esener, Rector Professor Prof. Dr. Erhan Güzel, Faculty of Law Dean Dr. Dr. h.c. mult. Bahri Öztürk, Head of the 9th Civil Chamber of the Supreme Court Mehmet Çamur, President of TISK Kudret Önen, and General Financial Secretary of Turk-İş and Chairman of Yol-İş Union Ramazan Ağar attended the event which lasted for two days.