ABSTRACT

Social Policy, which emerged in response to the social problems arising from industrialization, is in interference with the legal regulations. In narrow sense, one of the important goals of social policy is to protect the rights of workers through the establishment and preservation of the unions as self-help organizations. The survival of these organizations depends on securing the rights of collective contract and strike by law. The main reason of recently accepted “Trade Unions and Collective Bargaining Agreements Law” Act No: 6356 was explained as “the insufficiency of the previous laws, their inability to meet the requirements, and to attain a more liberal and modern legal regulation”. However, serious conflicts have taken place between the targets and the terms of the law on general grounds and the positive amendments in the law have become meaningless because of the unamended or insufficienly protecting, prohibitive provisions. In the Law of “Trade Unions and Collective Bargaining Agreements” economic preferences are given more importance than social political preferences. Therefore first, with the provision that ensures the trade union freedom, a significant portion of workers hindered to benefit from the freedom of trade union and the double threshold system was preserved, the ministry’s power has been retained and contented with partial improvements. The possibility of the new law to realize the social politic objectives like to protect workers’ rights, to provide equality and to constitute justice is very low. When we consider the anti-unionism, the power of the government, economic policies, unemployment, subcontracting, strength of employers against trade unions all together, it is obvious that the new law will not be a decretive instrument in social policy, rather it will be a poor one.