Termination And Suspension Of Union Membership
Termination and suspension of union membership
ARTICLE 19 – (1) Neither the worker nor the employer may be forced to remain a member of the union or to withdraw from membership.
(2) Each member may withdraw from membership by submitting a withdrawal notification through the e-Government portal. The withdrawal notification made through the e-Government portal shall reach the Ministry and the union electronically simultaneously.
(3) Withdrawal shall become valid one month after the date of notification to the union. In the event that the withdrawing person becomes a member of another trade union within the one-month period, the new membership shall be deemed to have been acquired on the expiry date of this period.
(4) The decision to withdraw from union membership shall be taken by the general assembly. The decision shall be notified to the Ministry electronically through the e-Government portal and notified to the expelled member in writing. Against the expulsion decision, the member may appeal to the court within thirty days from the notification of the decision. The court shall make a final decision within two months. Membership shall continue until the expulsion decision is finalized.
(5) Memberships and duties in trade unions and supreme organizations of those who lose the title of employer or employer’s representative shall automatically cease on the date they lose this title. However, in the event that those who are members of employers’ unions with the title of employer’s representative representing a legal entity lose this title, the membership of the legal entity shall not cease. In this case, the duties of the employer representative in the organs of the organization shall cease.
(6) The union membership of workers who leave their jobs by receiving old age or invalidity pension or lump sum payment from the Social Security Institution shall cease. However, the membership of those who continue to work and those who receive old age or invalidity pension or lump sum payment during their duties in the management, supervisory and disciplinary boards of the organization and its branches shall continue during their duties and as long as they are re-elected.
(7) The union membership of those who change their line of business shall automatically cease.
(8) Serving in the organs of workers’ organizations and branches shall not terminate membership.
(9) Unemployment of a labor union member for a period not exceeding one year shall not affect his/her membership.
(10) The membership relationship of a member who is taken under arms due to any military duty shall remain suspended during this period.
(11) The procedures and principles regarding the acquisition and termination of membership shall be regulated by a regulation to be issued by the Ministry.