Turkey: Strike called unconstitutional by Labor Minister

[english at ozgurlluk.xs4all.nl]

   7 February,1998

   Cagan: 'No one should expect the government to violate the Constitution'

     * Labor Minister Cagan states that the strike and collective
       bargaining accord that would be carried out by public employees is
       against the Constitution, adding that the right to unionize would
       be given to them within the legal framework set by the
       Constitution

     _________________________________________________________________

   Turkish Daily News

   Ankara - Labor Minister Nami Cagan has stated that the Constitution
   bans public employees from going on strike and making collective
   bargaining contracts saying, "No one should expect the government to
   enact a law against the Constitution."

   Speaking at a seminar held by the Public Employers' Union (Kamu-Is),
   Cagan said that the government was willing to grant public employees
   the right to unionize as soon as possible. Cagan stressed that by
   enacting the draft in Parliament, public employees would obtain the
   right to unionize on legal grounds.

   Speaking on the right to unionize with strikes and collective
   contracts, one of the most recently debated issues, Cagan said that
   the 53rd article of the Constitution only allowed public employees to
   enter collective bargaining talks, but no to make accords. The
   minister emphasized that the Constitution deprives public employees of
   the right to go on strike and to sign collective contracts, adding
   that the Constitutional Commission in the Parliament also expressed a
   similar view.

   Cagan drew attention to the fact that a constitutional amendment is
   required in order to give public employees the right to strike and
   sign collective contracts, saying: "We should all struggle together in
   order to change the Constitution. No one should expect the government
   to prepare and enact a law which is against the Constitution."

   State Minister Burhan Kara stated that the unionization efforts of
   public employees have been ongoing for ten years, with the 55th
   government taking a step forward when it submitted a draft on that
   matter to Parliament. Asserting that the draft, which is currently on
   the Parliament's agenda, gives public employees the right to carry out
   collective bargaining talks within the boundaries set by the
   Constitution without contradicting existing laws, Kara put it on
   record that, by the enactment of the law, public employees would have
   a say in their own rights.

   Acknowledging that the current law on unions is not applicable for
   public employees, Kara continued: "Public employees' receipt of higher
   wages and superior union rights can only be provided by the
   restructuring of the state, the redefinition of public employees, the
   revision of the law concerning the trials of civil servants, the
   regulation of provincial administrations, the delegation of health,
   education, construction and infrastructure services to local
   administrations and the shrinkage of the state along with
   privatization."
   
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