23January2024

The Regulation Amending the Regulation on the Sectors of Labor has been Published

"Regulation Amending the Regulation on the Sectors of Labor" was published in the Official Gazette numbered 32438 on January 23, 2024.

The purpose of the Regulation is to make amendments to Article 4 of the Regulation on the Sectors of Labor, titled "Determination of the line of business to which the workplace belongs".

With the new regulations;

Article 4 of the Regulation on the Sectors of Labor ("Regulation on the Sectors of Labor" In Turkish) published in the Official Gazette dated December 9, 2010 and numbered 28502 has been amended as follows:

"ARTICLE 4

Upon the application of the employer, the employers' union or the trade union, the line of business of a workplace shall be determined.
The line of business to which a workplace belongs shall be determined by the Ministry of Labor and Social Security upon the application of those concerned, according to the nature of the work carried out in that workplace. The decision of the Ministry regarding the determination shall be published in the Official Gazette. Those concerned may file a lawsuit against this determination within fifteen days following the publication of the decision in accordance with Article 5 of the Law on Trade Unions and Collective Labor Agreements.
If the authorisation process for a new collective bargaining agreement has started, the determination of change of line of business shall be valid for the next period. The request for determination of the line of business and the lawsuits filed in relation thereto shall not be considered as a reason to wait for authorisation procedures and authorisation determination lawsuits.
Until a new line of business determination is made, the line of business of the workplaces determined according to the abolished Regulation on Lines of Business, which was put into force by the Council of Ministers Decision dated November 10, 1983 and numbered 83/7376, shall be deemed to be the line of business in which the last trade union that obtained the authorisation certificate is established."

Article 4/A of the Regulation on the Sectors of Labor has also been repealed.

The Regulation shall enter into force on the date of publication.

The provisions of this Regulation shall be executed by the Minister of Labor and Social Security.

You can access the Official Gazette regarding the subject matter here (In Turkish).

Should you have any queries or need further details, please contact your customer representative.

Author Gökşen Bakay, Taylan Ege Günel, Category Labor Law

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