Abstract:

Article 6 of the Law No. 4857 envisions the principle of preservation of working conditions and the fate of labour contracts in the transfer of undertaking in line with the relevant regulations of the European Union. However, problematic issues in transfer of undertakings are not limited to individual labour contracts. One of the issues that arise on this topic is the question of how workers’ working conditions will be affected by the transfer in terms of collective labour law. This may stem from the presence of a collective bargaining agreement in the transferred undertaking or from the presence of collective bargaining agreements in the undertakings at the same branch of industry owned by the transferee. Article 37 and 38 of the Law on Trade Unions and Collective Bargaining Agreements No. 6356 codifies the matter but remains unsatisfactory in resolving all of the issues that do or may arise.  

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