24/06/2024 | Writer: Gül Yalçın
The Pink Collars Workshop on Trade Union Rights was held in Ankara on June 21-22. Public and private sector workers from Adana, Ankara, Antalya, Bodrum, Istanbul, Mersin, and Van participated in the meeting.
For two days, workshop participants engaged in discussions and social events, focusing on the trade union struggle.
Seçin Tuncel and Aylime Aslı Demir presented KAOS GL’s report on “The Situation of Lesbian, Gay, Bisexual, Trans, Intersex, and Plus People Working in the Public and Private Sector in Turkey 2023.” Tuncel and Demir evaluated the results of a ten-year survey and shared findings on openness and closeness in recruitment processes and business life.
Tuncel and Demir noted that public sector employees tend to be less open about their identities compared to private sector employees due to potential discrimination. They explained that this lack of openness can lead to physical and mental health issues over time, reducing work efficiency and job satisfaction. They also observed that employees facing discrimination rarely seek help from trade unions, the Human Rights and Equality Institution, or legal remedies.
Following the report presentation, Ecehan Balta and Hasan Kürşat Akcan presented on “Fundamental Rights in Working Life, Barriers to Promotion and Mobbing” and “Trade Union Rights and Organisation,” respectively. They discussed the right to union organization and strategies for combating discrimination in the context of labor law.
Balta highlighted that 2 billion people worldwide work unregistered and that global unemployment is rising in underdeveloped countries. She emphasized the importance of the definition of decent and acceptable work, the “ILO Declaration on Fundamental Principles and Rights at Work (1998), and the ILO Fundamental Conventions, which Turkey is a party to, in the legal struggle.
The conventions to which Turkey is a party and the decisions of the Court of Cassation were discussed at the meeting.
“According to the ILO Forced Labour Convention, 1930 (No. 29), and Abolition of Forced Labour Convention, 1957 (No. 105), employment—whether part-time or full-time—should be voluntary. However, this principle is undermined by the reality that part-time work is predominantly performed by women and LGBTI+ individuals. Furthermore, although workers’ annual leave should not be divided by the employer and part-time and full-time workers are entitled to equal annual leave, there are arbitrary practices where leave is halved or divided.”
“According to the Occupational Safety and Health Convention, 1981 (No. 155), Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); the laws are quite clear despite unlawful practices regarding job security, wages, severance pay, working hours, overtime, annual leave, compassionate leave, social leave, and interim rest periods. For example, both the employee and the employer must sign a copy of the employment contract. Additionally, any changes to the working conditions specified in the employment contract must be communicated to the employee in writing, and the employee's approval must be obtained.”
“Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child Labour Convention and Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 (No. 182) includes laws setting minimum age limits to prevent the exploitation of child labor.”
Contrary to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and Equal Remuneration Convention, 1951 (No. 100) with regard to the principle of equal remuneration for men and women workers for work of equal value, the decisions of the Court of Cassation addressing discrimination and mobbing, highlighting cases where women are paid 20 per cent less than men and LGBTI+ individuals are not preferred in recruitment, were discussed. It is emphasized that these decisions serve as examples of judicial action against such discriminatory practices:
“There is no need for a grave violation of personal rights to prove harassment, as injustice against personal rights was enough to prove harassment. In addition, in claims of harassment, evidence beyond reasonable doubt is not sought. It is enough for the complainant worker to put forward facts that will raise concerns that they might have been exposed to harassment. The burden of proof that harassment did not place at the workplace falls on the shoulders of the defendant.” (Court of Cassation, 22th Civil Chamber Case, 2015/11958 E., 2016/15623 K.)
Turkish Code of Obligations Article 417: “The employer is obliged to protect and respect the personality of the employee in the service relationship, to ensure an order in accordance with the principles of honesty in the workplace, and to take the necessary measures especially to prevent the workers from being subjected to psychological and sexual harassment and to prevent further harm to those who have been subjected to such harassment.”
During the meeting, it was agreed that if Turkey were to become a party to the Violence and Harassment Convention, 2019 (No. 190) and the National Legislation, the legal framework for addressing mobbing would be reinforced, particularly in terms of prohibiting all forms of violence and harassment in the context of the working environment. Furthermore, it was highlighted that mobbing not only affects the victim, but also has wider ramifications for the workplace as a whole.
“No other way except active involvement”
The ILO Conventions that effectively recognize the freedom of association, the right to strike, and the right to collective bargaining for workers who are vulnerable due to organizational barriers and issues are Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Right to Organise and Collective Bargaining Convention, 1949 (No. 98), to which Turkey is a party.
In the final session of the meeting, participants exchanged ideas on workplace union organization, union guarantees, the struggle of LGBTI+ individuals within unions, and personal action plans.
The discussions emphasized that due to masculine domination and solidarity, no substantial change occurs unless LGBTI+ people are included in decision-making processes and commissions, despite the general blindness towards LGBTI+ issues within unions.
Participants reiterated the necessity of strong activism for LGBTI+ organization within unions, highlighting the importance of being an active subject within the union and feeling safe and understood. They discussed ways to find and support each other, build common ground in solidarity, and reduce discrimination. Suggestions included joining international platforms such as Workplace Pride and global trade union federations to foster international solidarity.
The Pink Collar Network concluded its first workshop by emphasizing that the only way is active involvement.
* This event was supported by the European Union Sivil Düşün Programme.
Translation: Selma Koçak
Tags: human rights
