Business Line Identification Procedures of Workplaces Have Changed

January 25, 2024by Bünyamin Esen0

The Regulation on Amendments to the Regulation on Business Lines entered into force after being published in the Turkish Official Gazette dated 23rd of January, 2024 and numbered 32438.

The Article 4 of the Regulation on Business Lines has been amended with the relevant Regulation. In this context, upon the application of the employer, employers’ union or workers’ union, the business line of a workplace will be determined.

The business line of a workplace is to be determined by the Ministry of Labour and Social Security upon the application of the relevant parties, according to the nature of the work carried out in that workplace. The Ministry’s decision regarding the determination is to be published in the Official Gazette.

Those concerned may file a lawsuit against this determination within 15 days from the publication of the decision in accordance with the Article 5 of the Trade Unions and Collective Bargaining Agreement Law. This period is important for objection to the determination.

In cases where the authorization process for a new collective bargaining agreement has started, the determination of the change in the line of business will be valid for the next period. The request for determining the line of business and the lawsuits filed regarding it will not be considered as a pending reason in trade union’s authorization procedures and authorization determination cases.

The line of business of the workplaces determined in accordance with the repealed Regulation Regarding Business Lines put into effect by the Decision of the Council of Ministers dated 10th of November 1983 and numbered 83/7376 will be counted as the line of business in which the union that last received the authorization certificate is established until a new line of business is determined.

Bünyamin Esen

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