Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5547.html
Law No. 5547
Acceptance Date: 09/27/2006
ARTICLE 1 - 06.16.1989 dated and 3581 numbered Law approved to replace conveniently located 1961 European Social Charter, adopted in 1996 by the Council of Europe and our country by signed on 10.06.2004 "(Revised) European social Charter "has been approved by the appropriate statement.
ARTICLE 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.
The Republic of Turkey 1996 "(Revised) European Social Charter" of the III. In accordance with the substance of chapter II of the said Charter. The following articles of the section, and declare that I accept the clause.
Article 1 Article 2 1, 2, 4, 5, 6 and 7 of Article 3
paragraph of Article 4 of the 2, 3, 4 and 5 of paragraph 7 of
to Article 31 on
(Revised) European Social Charter
Strasbourg, May 3, 1996 Initial
member governments signed the Charter of the Council of Europe;
European Council objective of the realization of the ideals and principles which is their common heritage and protect the members to achieve a greater unity between and especially taking into account that social and facilitating economic development through the realization of human rights and fundamental freedoms, and maintained;
Council of Europe member States 4 November 1950 signed historic Rome Human Rights and Fundamental Protection of Freedoms European Convention from 20 March was founded on 1952 opened for signature in Paris Annex Protocols, the peoples of these documents into consideration that they agreed to provide specified civil and political freedoms taking;
Council of Europe member States on 18 October 1961 in which was opened for signature in Turin European Social Charter and in addition Protocols peoples, living standards and social welfare, taking into account that they agreed to provide the social rights set forth in these documents to raise;
5 Ministerial Conference on the Human Rights held in Rome in November 1990, on the one hand all human rights, their civil, political, economic, whether social or cultural, to protect the indivisibility, on the other hand Europe to gain a new breakthrough Social Charter Recalling the need is highlighted;
21 and as agreed during the Conference of Ministers held in Turin on Oct. 22, 1991, in particular to take into account since the fundamental social changes that occur from the date of the adoption of the Charter of the text as determined in updating and subject to adoption of the Charter of the content;
Charter to add new rights and the Charter of the rights guaranteed under various forms Additional 1988 Protocol guaranteed by law in Europe is aware of the benefits of prepared take part in an amended Charter to replace the Social Charter;
Agreed on the following.
Contracting Parties, by all appropriate means, both national and international character of the following rights and principles effectively count the purpose of reaching conditions that occurred policy:
1. Everyone has the opportunity to achieve a work life can learn freely.
2. All workers have the right to have a fair working conditions.
3 All workers have the right to a safe and healthy working conditions.
4- All employees are entitled to a fair wage sufficient to provide a decent living for themselves and their families.
5- All employees and employers, has a national and international institutions at the level of freedom in order to protect economic and social interests.
6 All workers and employers have the right to bargain collectively.
7 - Children and young people have the right to special protection against physical and moral dangers they would face.
8. Working women, if they are parents, are entitled to special protection.
9. Everyone has the right to have proper vocational guidance facilities will help to choose a profession based on their personal interests and abilities.
10. Everyone has the right to have appropriate facilities for vocational training. Everyone
11, the enjoyment of the highest attainable health are entitled to benefit from any measures that will make it possible.
12 All workers and their dependents person has the right to social security.
Anyone who lacks adequate resources
13, is entitled to a social and medical assistance.
14. Everyone has the right to benefit from social welfare services. Disability
15 being independent of social life, has the right to social integration and participation in public life.
16 family as the basic unit of society, to ensure the full development of appropriate social, legal and economic protection features.
17 children and young people appropriate social, legal and economic protection features.
18. Any Contracting Party nationals plausible social and prejudice restrictions based on economic reasons, the other Contracting Party territory, it is generating profits under equivalent conditions as nationals are entitled to work in any job.
19 migrant workers who are nationals of a Contracting Party and their families have the right to protect the territory of any other Contracting Party and get help.
20. All employees, employment and gender issues in their profession without discrimination to equal opportunities and are entitled to equal treatment.
21 employees, has the right to be informed and consulted on business.
22 employees are entitled to participate in the operation and regulation of working conditions and improving the working environment.
23. Every elderly person has the right to social protection.
24. All employees are entitled to protection in cases of termination of employment.
25. All employees will have the right to demand the protection of the case of insolvent employers.
26. All workers have the right to work with dignity.
27- and familial responsibilities to employees or anyone who wants to work, with no discrimination between work and family responsibilities exposure as possible, have the right to do that without dispute.
28- representatives of workers in enterprises have the right to protect themselves against the damaging action and should be supported by appropriate opportunities to fulfill their duties.
29. All employees are informed on the process of collective redundancies and has the right to be consulted.
30. Everyone has the right to protection against poverty and social exclusion.
31. Everyone has the right to housing.
Contracting Parties themselves, III. As it stated in Section counting connected with the following ingredients and obligations contained in paragraph;
Article 1: The right to work
Contracting Parties to ensure effective use of the right to work;
1- to reach full employment and stable employment levels as high as possible in order to realize and count one of the goals and responsibilities of leading this level of protection;
2- to provide a process of life freely acquired rights of workers effectively protection;
3- to establish free employment services for all workers or to maintain;
4- directing the appropriate profession, provide training and rehabilitation services or encouraging;
Undertake. Article 2
right to fair working conditions, the Contracting Parties to ensure the effective use of the right to have a fair working conditions;
1- increase efficiency and other relevant factors to the extent permitted by providing reasonable daily and weekly working hours, which provides for a gradual reduction of weekly working time;
2 Paid public holidays to provide facilities;
3- to provide at least four weeks' paid annual leave;
4- In the current dangerous and health to eliminate the risk of harmful work and the risk of yet to adequately can not be reduced or is unable removed from working in these jobs paid additional to permit or to ensure the reduction of their working hours;
5- according to the relevant country or region to the tradition accepted as consistent as the day for the rest of the day, to provide a weekly day of rest;
6 employees, at the latest from the date they start to work immediately and within two months, the contract or provide them informed in writing of the essential elements of the business relationship;
7- Night work that employees, allowing them to benefit from measures to be taken, considering the characteristics of their work;
Article 3: The right to safe and healthy working conditions
Contracting Parties, after consultation with employers 'and workers' organizations have the right to safe and healthy working conditions in order to use effectively;
1. Occupational safety, occupational health and creating a coherent national policy on the work environment, application and review it at regular intervals, the main objective of this policy, workplace safety and minimize danger because of the inherent occupational health improvement and in particular working environment by, arising during operation or prevention of diseases and accidents associated therewith;
2- to prepare regulations on safety and health;
3- to ensure the implementation of these regulations by auditing;
4 for all employees, to support the development of their respective owners originally protection and advisory functions, occupational health services;
Undertake. Article 4
right to a fair wage Contracting Parties to ensure effective use of the right to a fair wage;
1 to recognize their employees and their families to ensure they have the right to a decent living wage level;
2- exceptions for specific cases, in exchange for more employees to recognize that they are entitled to overtime wages raised;
3- to recognize that they have the right to equal pay for women and men employees;
4- all employees to recognize the right to be given a reasonable notice period before the termination of the works;
But the 5- fee, determined by national laws or regulations or collective agreements or to allow the interruption of conditions and measures determined by arbitration;
The exercise of these rights, collective agreements freely made, are provided with suitable detection methods other way to legal fees or national conditions.
right to organize
Contracting Parties, local to protect employees and employers of the economic and social interests, establish national and international organizations and undermine the freedom of the national law to provide or support the freedom of being a member of this organization to or damaging preventing the application form;
Of the guarantees provided for in this Article, will be implemented in terms of the extent to which the security forces are determined by national laws or regulations. This assurance of armed forces members to apply the principles to be applied to the level at which this sector is still determined by national laws or regulations.
Article 6: The right to collective bargaining
Contracting Parties to ensure the effective use of the right to collective bargaining;
1. Employees and encourage joint negotiations between employers;
2 where necessary and appropriate, employers to regulate the wages and working conditions through collective agreements or to promote ways to provide the optional organization of working meetings with the employers' organizations;
3- appropriate settlement for the settlement of business disputes and optional establishment of the arbitration system and promoting the operation;
4- undertake and employees in the event of disputes stakeholders and employers, subject to obligations arising from collective agreements previously provided, including the right to strike, recognizes the right to collective action.
Article 7: The right to the protection of children and young people
Contracting Parties to ensure the protection of the rights of children and young people to use effectively;
1 children's health, morals and ensure that the minimum working age of 15 must be operated outside the state will be determined in light work not harmful to education;
2- presumed dangerous or unhealthy jobs, to ensure that the minimum working age of 18;
3- those who are not yet compulsory school age that students can benefit fully from education to provide them not engaged in work;
4- under 18 years of their working time, primarily to provide development and vocational training in accordance with the limited requirements;
5- employees and to recognize the right of young people to benefit from a fair wage and other appropriate payment for apprentices; 6
Young, the time spent on vocational training during normal working hours with the permission of the employer, to ensure that the numbers of daily working hours;
7- least recognize the entitlement to four weeks paid annually to employees under 18 years of age;
8 people under the age of 18, national laws and provide them not to run in night work except work determined by the regulations;
9- determined by national laws or regulations involved in jobs to people under the age of 18 to provide for regular health checks;
10 children and young people in particular, especially those arising directly or indirectly from work hazards, provide special protection against physical and moral hazards to which they had suffered;
Article 8: The right to protection of working women's maternity
Contracting Parties, the right to protection in case of maternity of working women in order to ensure the effective manner; 1
women before and after birth, paid leave or adequate social security benefits or to provide a total of at least fourteen weeks allowed through Utilization of public funds;
2- employer, a woman's employer, maternity leave during the period between the time the report was pregnant or not counting the illegal dismissal to the notification from this period;
3 breastfeeding mothers, to work to ensure the right to call for a time sufficient for this purpose;
4- pregnant women, new mothers and children have made arrangements for the women's night work during the period of breastfeeding;
5- pregnant women, new mothers and children in breastfeeding women in underground mines and dangerous, due to harmful or serious nature that they operated in accordance with other non-work prohibition and to take appropriate measures for the protection of their labor rights;
Vocational vöneltil right to
Contracting Parties in order to use effectively the right to be directed to the profession, as necessary, in order to everyone including people with disabilities, qualifications and select the business based on relationships with business opportunities of this nature and related professions to the development to provide a service that will help to solve problems or to promote it and be free to provide for young people and adults, including those with the help of school children;
Article 10: The right to vocational training
Contracting Parties to ensure the effective use of the right to vocational training;
1. If necessary, everyone, including people with disabilities, employers and technical consultation with the employees' organizations and vocational training opportunities to provide or promote it and provide higher technical education and university education to see the convenience of being based on a purely personal skills;
2 girls and boys a system of apprenticeship and other systematic arrangements for providing or encouraging all young people to be educated while working at various jobs;
3 if necessary; with adequate and easily accessible training opportunities for employees
a- adults; To provide special facilities or re-training to encourage them to meet the needs of working adults
b technological developments or heard of operation as a result of new trends;
4- necessary, retraining the long-term unemployed and to ensure obtaining the necessary special measures to ensure the re-hiring or promoting compliance;
5- a- All fees and the reduction or removal of the
b appropriate cases, financial aid,
c employee, the time spent on additional training she received at the request of employers during the job count from the normal working hours, || | d through adequate supervision, in consultation with employers 'and workers' organizations, apprentices and young people in general and the effectiveness of other arrangements made with regard to education, such as the provision of protection in an adequate form of young workers, exactly encourage the use of the facilities provided by appropriate measures, they
Article 11: the right to protection of health
Contracting Parties of the right to health protection in order to use effectively, either directly or through public or other measures as well as in cooperation with private organizations;
1 that leads to health to eliminate possible causes of deterioration;
Be healthy 2- to encourage and provide training and advisory services to enhance the sense of responsibility in health matters; As for the 3-
accidents, epidemics, to take appropriate measures designed to prevent possible regional and other diseases;
Article 12: Right to Social Security
Contracting Parties to ensure the effective use of the right to social security:
1 to establish or maintain a social security system;
2. Social security system for Europe to maintain an adequate level not lower than the level required for the approval of the Social Security Code;
3 operation to remove a higher level increasing the social security system;
4- appropriate bilateral or multilateral agreements, depending on the contractual or other means conditions contained in this Agreement, have taken steps to ensure the following items;
A- protected person of the Contracting Parties in during displacement, no matter what the reason, the social security legislation of the social security rights of the citizens of the other Party from including the preservation of nature help the equal treatment of its own citizens, the
b Contracting Parties each by combining the completion of insurance and working hours according to the legislation granting social security benefits, maintaining and restarting,
social and medical help right
Contracting parties of the right to social and medical assistance in order to use effectively:
1. adequate assistance for disadvantaged and through their own efforts or from other sources, particularly the social advantage of the security system to provide adequate assistance to those who do not provide such an opportunity and disease if present that care requires it;
2- Such aid those who, thus preventing the restriction of political and social rights;
3- Everyone, personal or familial deprivation state to prevent, resolve or may be required to alleviate providing advice and personal assistance services to receive appropriate public or private hands;
4 of this Article 1, the provisions referred to in paragraphs 2 and 3, the other Contracting Parties lawfully present in the country citizens and holding equal of their nationals on 11 December 1953, which was signed in Paris, the European Social and Medical Assistance Convention implementation of the obligations assumed;
Article 14: Right of
social welfare services
Contracting Parties to ensure the effective way of Entitlement from the Social Welfare Services:
1- benefiting from social services methods, community individuals and groups of prosperity and development, and social to promote services that will contribute to adapt to the environment or supply;
2 of individuals and voluntary or other organizations to encourage their participation in establishing and maintaining such services;
disabled people to be independent of social life, the right to social integration and participation
Contracting Parties, age and disability for whatever reason and nature, people with disabilities to be independent of social life, the right to social integration and participation in an effective manner in order to be able to use: under the general plan is
1- possible, or if this is not possible, divert disabilities through public or private specialized bodies, to take the necessary measures to ensure the education and vocational training;
2- to employ disabled in normal working environments and maintain their employment and to adapt the working conditions of disabled people needs, or modify it accordingly to work where it is not possible due to disability or to create a secure form of employment according to the level of disability, all aimed at encouraging employers with the measures to encourage their employment;
In some cases, these measures may require recourse to specialized placement and support services.
3- particular, to include technical assistance, communication and action to overcome the obstacles and transport, housing, cultural activities and leisure for full integration into society of persons with disabilities through measures aimed at ensuring the use and to encourage them to participate in community life;
family to social, legal and economic protection of
Contracting Parties to provide the necessary conditions for the full development of the family as a basic unit of society; social assistance and family benefits, fiscal arrangements, provision of housing, economic assistance and other appropriate means of newly married family life, legal protection and to promote social care
children and young people's social, legal and economic protection of
Contracting Parties, children and young people with the environment them of the right to ensure the full development of their physical and mental capabilities to enable them to use effectively, cooperate directly or through other public and private organizations commit to take all appropriate measures for the following: | || 1-a- children and young people, parents' rights and duties in mind, they need care, assistance, education and to have educational opportunities, especially the creation of services with appropriate and adequate institutions for this purpose and to ensure sustainable,
b children and young people to neglect, violence and protect them from exploitation,
c families of children temporarily or remaining absolute absence of support
and protection of young people and ensure that they receive special assistance from the state,
2 children and young people continued to schools Besides being encouraged to provide free primary and secondary education.
other contracting party of the country the right to acquire a business income
Contracting Parties to ensure the effective use of the right to an income-generating business in the territory of any of the other Contracting Party;
1- democratic practice understandings of existing regulations; Simplify formalities applicable
2- and foreigners working or reduce images and other fees paid by those who run or remove them;
3 employees to the legislation governing the employment of foreigners, individually or collectively, flexibility is committed to bringing and
4 in the territory of the other Contracting Party of their citizens recognize the right leaving the country to obtain a business income.
Article 19: The right to protection and assistance for migrant workers and their families
Contracting Parties, migrant workers and their families in the territory of another Party and the protection of the right to assistance in order to ensure the effective manner;
1. Such employees will be especially helpful in accurate disclosure efforts to secure adequate and free services or take all appropriate steps against misleading propaganda relating to migration to other countries to the extent the country is to maintain these services and national laws and permit regulations;
2- its jurisdiction in those employees with families of their exit from the country, ride and take appropriate measures to facilitate the meeting and also to provide adequate hygiene and appropriate services and health and medical care during the journey to them within their own jurisdictions;
3. To the extent appropriate, immigrants and migrant sending areas to promote cooperation between the private or public social services in the country;
4- lawfully in his own country to such workers, to be regulated by laws or regulations or, subject to the supervision of the administrative authorities;
A- wages, other employment and working conditions, trade union membership
b and benefit from the opportunities provided by collective bargaining, not to provide less favorable treatment because
c shelter issues to their citizens;
5- lawfully in their own country such employees, to be paid for persons running employment taxes, fees and ensure that they are not subject to less favorable treatment of their own citizens in terms of premiums;
6 in the country, reunification of a foreign worker's family were allowed to settle, to facilitate as much as possible;
7- provide such workers lawfully in their country in respect of judicial proceedings relating to matters referred to in this article are not subject to less favorable treatment of their own citizens; 8
such workers legally residing in their country, sokmadık danger to national security, the public interest to provide or not to be deported unless there is an action in violation of public morality;
9. Such employees as they want them to transfer their earnings and savings to allow within legal limits;
10 on the scope of protection and assistance provided by this Article, the extent of their applicability, to self-employed workers, including migrants;
11 migrant workers and their families as the national language of the state that accepts them or in case of more than one national language to promote the teaching of one of them and facilitate it;
12 people working as migrant children, insofar as it is convenient, to promote the teaching of the mother tongue of immigrants employed persons and to facilitate this;
Employment and occupation without discrimination based on gender equal opportunity issues and the right to equal treatment
Contracting Parties, employment and occupation based on sex in indiscriminately equal opportunities and to ensure the use effectively the right to equal treatment, recognition of this right and undertake to take appropriate measures to ensure its implementation in the following areas and encouraging;
A- Recruitment, protection against dismissal and re-employment placement;
B vocational guidance, training, retraining and rehabilitation;
C-Employment conditions including working conditions and costs;
d career development, including promotion as well.
informed and consulted about the
Contracting Parties, informed the company of workers and to ensure their use effectively the right to be consulted, national legislation and the employees or their representatives in the framework of the application;
A- business, provided some of the information may be subject to rejection or the disclosure of which could harm privacy, to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the enterprises employing them; and
b mainly affect the interests of employees with a reputation, especially in nature will have a significant impact on the employment situation of the company, taking taking measures allowing them time to be consulted about the intended decision, or encourage undertake
working conditions and the right to participate in the and improving organized working environment
Contracting Parties, the working conditions of the company employees and the organization of the working environment and the participation rights to be improved to enable them to use effectively in national legislation and working in accordance with the application of or agents;
A- working conditions, work organization and regulation of the environment and improvement; To protect the health and safety
b business; C
business in social and socio-cultural services and facilities of the organization;
D to take measures that opportunity to participate in audit compliance for regulations on these issues or to encourage them;
Article 23: The right to social protection of the elderly
Contracting Parties, in order to enable them to use effectively the social protection rights of the elderly, either directly or in cooperation with public or private organizations, especially
- Elderly ,
a- a good riding and public life, adequate resources allowing them to participate actively in social and cultural life; B
existing services and facilities for the elderly and by providing information about their opportunities to enjoy them, to allow them stay as a member with full rights of the elderly in society as long as possible;
- Provides adequate support for housing or housing adapted to fit the needs and health status of the elderly
Is not possible to maintain independent living environment as long as they can and they want to and they used to freely choose their way of life of older people through health care and services required by the b-state;
- Elderly people living in institutions, in respect for their private lives, and help them take appropriate measures intended to ensure their participation in decisions concerning living conditions in the institution or encourage them;
Article 24: the right to protection in cases of termination of contract
Business Contracting Parties, the right to protection in cases of termination of employment contracts of employees in order to ensure the effective manner;
A- all employees, abilities or behavior or in connection with the operation, based on the requirements of the organization or operation of the service, not the right to terminate the employment contract without a valid reason;
B employment contracts recognize the right to receive adequate compensation or other appropriate assistance for employees terminated without a valid reason;
For this purpose, the Contracting Parties, the employment contract of the right to appeal to an independent body to ensure that the employees who terminated without a valid reason;
Article 25: the right to the protection of employees' rights in case of bankruptcy of the employer
Contracting Parties of employees, after falling into the bankruptcy of the employer to ensure that the right to the protection of claims in use effectively, the employees of the employment contract or the demands of receivables arising from the employment relationship, a guarantor institutions or to provide the guarantee with another effective form of protection, | || undertake.
honorable right to work
Contracting Parties of all employees with dignity labor rights of the employer to ensure the effective manner and in consultation with the employees' organizations, the awareness in the workplace
1 employee or work-related sexual harassment, informed and to support the prevention of its employees and to take all appropriate measures to protect against this type of behavior;
2- to kınanıl their exposure in connection with work or in the workplace as individuals working or forming clearly negative or crime awareness about repeating actions, knowledge and support to prevent them and employees to take all appropriate measures to protect against this type of behavior;
familial responsibility of equal opportunity of working with and the right to equal treatment
Contracting Parties to provide family is responsible for male and female workers and equal opportunity among other employees with them and the right to equal treatment can be used effectively ;
1. The following issues shall undertake to adopt appropriate measures:
a- taken in vocational guidance and training measures, including, employment of workers with family responsibilities and the side of continuing to be employed as well, again those who quit their jobs because of these responsibilities be employed.
B Working conditions and taking into account the need for social security.
C, particularly regulations relating to nurseries and other childcare services, develop or encourage public or private services.
2 each parent, the duration and conditions of the national legislation, collective agreements or to be determined by the application, in a period after maternity leave, providing the possibility of granting family leave to care for children;
3. This type of family responsibilities, ensure the creation of a valid reason to stop work.
The business representatives of the employees Article 28 protection and the right to benefit from the convenience
Contracting Parties of the rights in the company to fulfill the duties of employees' representatives in order to enable them to use effectively;
A- events as representatives of employees in the company or against them to benefit from effective protection against the damaging action to include the expulsion because of their status,
b related business requirements, size and capacity and industrial relations in the country taking into consideration the system, tasks promptly and effectively to enable them to fulfill to be eligible for recognition opportunities;
Article 29 the right to be informed and consulted in the process of massive layoffs of
Contracting Parties to provide informed in the process of massive layoffs of workers and the right to be consulted be able to use effectively the purpose of the prevention of collective redundancies or limiting their occurrence and for example, particularly regarding employee re-training or re-tool to reduce the results of the resettlement purposes through to join the social measures and ways for such public work before a certain time of the removal of the employer, consultation time with employees' representatives and to provide to provide information;
Article 30 the right to protection against poverty and social exclusion
Contracting Parties to ensure the effective use of the right to protection against poverty and social exclusion;
A- social exclusion and living in case of poverty or in this case a fall of persons in danger and their families, especially in employment, housing, education, training, the possibility of social and medical culture will promote actively to reach general and to take measures in a framework approach coordinated ;
B such measures are necessary in order to ensure adaptation to revise;
Undertake. Article 31 Right to Housing
Contracting Parties to ensure effective use of the right to housing;
To encourage homeowners to obtain a 1-enough standard;
2-homelessness, in order to eliminate the time, prevention and mitigation;
3 home prices, to take measures to make it suitable for those without sufficient resources;
Undertake. PART III Substance
1-Obligations under the provisions of Article B below, each Party;
A- Part I of this Charter as part of this paragraph is stated in the introduction, counting a statement of objectives to be followed by appropriate means;
B II of this Charter. Located in the Department and the nine items listed below (1st, 5th, 6th, 7th, 12th, 13th, 16th, 19th and 20th substances) counting itself bound by at least six;
C-II of the Charter. Part of the total number of substances to be bound and numbered paragraph sixteen substances and not less than sixty-three paragraphs, in addition to declare itself bound by the counting agents can select and numbered paragraph.
2 of paragraph 1 of this Article, b, and c are selected pursuant to article and paragraph; approval was given at the time of acceptance or approval documents shall be notified to the Secretary General of the Council of Europe.
3. Any party may at any later date, by declaration addressed to the Secretary-General, yet this substance which was not adopted in accordance with paragraph 1, II of the Charter. Can he explain the items and attached himself to count the numbered paragraph in the section. This obligation, which was then accepted by ratification, acceptance or will be considered an integral part of the ratification process and after issuance of the notification of the month following the end of the one-month period will have the same effect from the first day.
4. Each Party shall establish a system to oversee the work in accordance with national conditions.
European Social Charter and the 1988 Additional Protocols to the Links
1. European Social Charter or 5 May, the side Additional Protocol of 1988, any Contracting Party, this Charter, depending on where the European Social Charter ' the Additional Protocol and, where appropriate, at least not approve not counting itself bound by the provisions corresponding to the provisions of this Charter shall not accept or does not find appropriate.
2- acceptance of the obligations of any of the provisions of this Charter shall, from the date of entry into force for the Party concerned of these obligations, the European Social Charter and, where appropriate, in the 1988 Additional Protocol to the provisions corresponding to these documents the first or with both the administering to interested parties terminates if not connected. PART IV
audit on the implementation of the obligations in Article
Charter compliance with legal obligations contained in the present Charter shall be subject to the same supervision by the European Social Charter. Article D Collective complaints
1. European system of collective complaints that the provisions of the Additional Protocol to the Social Charter, those States which have ratified this Protocol shall also apply to the obligations arising from the Charter.
2- Europe not bound by the Additional Protocol that the collective complaints system of the Social Charter of any State, the Charter's ratification, acceptance or approval document while or at a later date, the European Council, the Secretary-General arising from these Terms the supervision of liabilities, may explain a notification that it has accepted the use of the procedures provided for in the said Protocol. PART VI Article
non-discrimination rights to benefit from this race conditioned room space, color, sex, language, religion, political or other opinion, national or social origin, health, national minority, based on factors such as birth or other status will be provided at all without being subject to discrimination.
War or the receipt of outstanding state liability to the contrary measures
1. Any Contracting Party under extraordinary circumstances threatening the life or the nation in case of a war, but, as far as the case provided to create a contradiction with other obligations under international law Conditional this may take measures contrary to the obligations laid down.
2. Any Contracting Party Liability exercising the right to take measures contrary to the Council of Europe Secretary General within a reasonable time and the measures taken to give full information about the reasons that require them. In the same way, the Party said that measures end and the date of resumption of fully implementing the provisions of the Charter shall inform the Secretary-General. Article G Restrictions
I and II of the effective realization of the rights and principles referred to in Section. they ensure implementation effectively as provided for in section, except as provided in this section, only a democratic society in the protection of people's rights and freedoms or public interest, national security, for the protection of public health or morals and the only law limitations and may be subject to restrictions.
2 under the provisions of this Charter, the rights referred to and used for any purpose they made to the obligations stipulated limitations. Article
H connection between domestic law or international agreements with the Charter
The provisions of this Charter, which would make it subject to more favorable treatment of the persons concerned; single or bilateral or multilateral agreement, which entered into force or will be, does not prevent the implementation of treaties or agreements or provisions of national law. fulfillment of
1. This Protocol II, 1 to Article 31 of the provisions of Section, without affecting the application method provided for in this Article, with
a- laws or regulations;
B employers or organizations with a collective agreement concluded between the employer and employee organizations;
C- with a mixed manner obtained from these two methods;
d- or can be accomplished by other suitable means.
2 of this Protocol II. Of Article 2 of Chapter 1, 2, 3, 4, 5 and 7, paragraphs 4 of Article 7 of the 6th and 7th paragraphs 1 of Article 10, 2, 3 and 5 paragraph, and 22 th and 21 th liabilities arising from substances, provisions shall be adopted in accordance with paragraph 1 of the employees about this matter has been applied to the vast majority have been fulfilled. Article J 1
Changes proposed by the Committee or any Party Governments, III of this Charter. and IV. as well as any amendments to Part I and II. Any changes to be made to expand the scope of the rights guaranteed in the Charter section, these changes will be forwarded proposals to the Council of Europe Secretary General and the Secretary-General will also be transferred to this Charter Party.
2. Any amendment made pursuant to the provisions of the preceding paragraph, the Council of Ministers to approve the text adopted after consulting the Parliamentary Assembly examined by the Committee to be submitted to the Government Committee. After the Committee of Ministers approval, the parties submitted to the adoption of this text.
3- Part I and II of this Charter. Any amendments to section it in terms of accepting the Parties will enter three parties by the Secretary General after the date on which they stated that they accepted the change of the month following the end of the one-month period effective on the first day.
Changes for each party to approve it later, after the date on which the Parties to the Secretary-General reported that acceptance of those changes on the first day of the month following the end of the one-month period will enter into force.
4- III of this Charter. Chapter and IV. Any changes to the section of the Secretary-General of all the parties after the date on which they stated that they accepted the change of the month following the expiration of the one month period shall enter into force on the first day. PART VI Article K
signature, ratification and entry into force of the Council of Europe
1. This Charter is open for signature by the member States. This Charter ratification, acceptance or approval shall be subject to conditions. Ratification, acceptance or approval documents shall be submitted to the Council of Europe Secretary General.
2. This Charter, after the Council of Europe Member States of the three will not be conditioned depending on the date they are announced by the previous paragraph shall enter into force on the first day of the month following the end of the one-month period.
3- This Charter approval for all signatory States to ratify it later, or accept the one-month period following the date of the ratification of the month following the end of the document will enter into force on the first day. Article L Territorial application
1. This Charter is applied to all Parties to the main countries. Each signatory State, when signing or ratification, acceptance or approval, while the document, a notification addressed to the Secretary General of the Council of Europe, as signs of land for this purpose is to be considered the main countries.
2. Any signatory parties, during the signing of the Charter or approval, acceptance or participation certificate while or later with a declaration to be made at any time in the Council of Europe Secretary General, it is responsible for the international relations or assumed international responsibility and said country or countries other than the host country can be specified in the notification of the present Charter to be applied to the report in whole or in part. This statement II of this Charter. It indicates that they are binding in terms of number of countries specified in the notification of the Department of substance or substances.
3 Charter shall enter into force on the first day of the month following the end of the next Secretary General of the one-month period from the date of this notice will be located in the territory or territories in the above statement.
Any of 4- Party at a later date, of this Article, paragraph 2 accordance with the rules in the country or countries included in this Charter application areas of this country, or any agent or number with the given paragraph that have not yet accepted the terms of countries that itself depends on number of Council of Europe can be explained by a notification addressed to the Secretary General. Then those obligations that have been accepted will be considered an integral part of the first notification in terms of the relevant territory and the Secretary General of this statement will be the date of the first day of the month following the end of the next quarter will enter into force.
1. Any Party to this Charter, however, from the date of entry into force for the Charter itself at the end of the end of the period of five years or after every two years and in both cases, the Council of Europe Secretary-General may terminate it with six months notice.
2. Any Party may, in accordance with the provisions of the preceding paragraph II of this Charter. any material or article of which was accepted by the Department, would depend on material and paragraph number sixteen and fall below sixty three terms paragraph in terms of substance and that Party by substances in the same number of elected and the substance of paragraph 1 of Article be specifically referred to in subparagraph provided that do contain substances may terminate.
3. Any Party Article L 2nd required notification made in accordance with paragraph with respect to any land where the Charter applies, this Charter or II of the Charter under the conditions specified in paragraph 1 of this Article. It may terminate any agents of the Department. Article N
Additional Annex to this Charter is an integral part thereof. Article One
Notifications The Secretary General of the Council of Europe
a- any signature;
B ratification, acceptance or approval document to be given; the date of entry into force of this Charter in accordance with Article K
d Article 2 and paragraph 3, Article D, paragraphs 1 and 2, paragraph 2 of Article F of the substance L 1st, 2nd, 3rd and 4th the notifications made in the implementation of the clause; Any changes made under Article
f any denunciation made in accordance with Article M;
G- any other act relating to this Charter, statement or message to the Council of State and member of the International Labour Office shall notify the Director-General. representatives of the undersigned, being duly authorized by the
Procedure signed this Charter amended.
Council of Europe, both texts will be stored in the archives of the same degree on May 3 in French and English to be effective in 1996 in Strasbourg 't signed certified copies of the Council of Europe Secretary General by each member state, non-members who participated in the preparation of this Charter states and it will be sent to any state which has been invited to accede to this Charter.
Revised European Social Charter Oct
revised European context in terms of the individuals concerned Social Charter
1- 12th paragraph 4 of article and Article 13 of paragraph 4 of the provisions for 1 to Article 17 and and the persons referred to in the 20 to Article 31, this material 18 and Article 19 provisions, provided that it interpreted in the light, sitting as legal only parties concerned country from foreign or covers regular employees, nationals of other parties.
This review does not prevent the dissemination of similar ease by any Party to another person.
2. Each Party July 28, 1951, the Convention relating to the Status of Refugees, signed in Geneva and described in the Protocol of 31 January 1967, and the country lawfully in refugees, the other the possible pros and the above-mentioned agreement, the parties in any case and can be applied to these refugees the treatment will be for not less favorable than those obligations it has undertaken with international documents.
3. Each Party, September 28, 1954 in New York, as defined in the Convention relating to the made Stateless status and the country is legally stateless, as pros and the document in any case, the party mentioned above and which are applicable to the stateless of the obligations it has undertaken with other international instruments there will be no less favorable treatment.
Part II, paragraph 18
Part II, Article 18, paragraph 1
These provisions are not related to the entry problems of the country Parties and 13 December 1955 and signed in Paris European Settlement Agreement does not preclude the application of the provisions understandable form. PART II
Article 1, paragraph 2 This provision, which the union membership a condition of employment or the form can not be interpreted as prohibiting the application or allow it.
6 § 2 Parties to this provision;
A- month exceeding a total duration of weekly working time for employees and either a contract or employment relationship does not exceed eight hours;
B objective evaluation with the condition to be justified it may provide temporary and does not apply in cases where a specific nature of the contract or employment relationship.
§ 3 4
this provision, the function of these services for the purposes of this provision, organization and national laws of the functioning conditions or regulations, collective agreements or understandable format will be determined by other appropriate means to national circumstances.
Article 4 paragraph 4 This provision shall not be understood as prohibiting the dismissal form immediately in the event of a serious crime.
Article 4 Paragraph 5
obligations set forth in this paragraph of a party, except for the remaining excluded people, by law or collective agreement or the employees through arbitration allowed to be victimized by making deductions from the wages of the majority of the form will be considered fulfilled if given understandable. Article 6 paragraph 4
justification provided in accordance with Article D of restrictions that can be imposed on this right beyond that, each of the parties, according to him, can regulate the exercise of the right to strike by law.
Article 7, paragraph 2
This provision in the parties' legislation, young people who have reached the minimum age limit in this work in accordance with the conditions as envisaged by the competent authorities is made, and these young people where taken measures to protect their health and safety, vocational training certainly does not prevent them from working to predict the extent necessary.
Article 7 paragraph 8
obligations set forth in this paragraph of a party, eighteen years of age are minors can not be operated at night work the majority of law foreseeing have been treated within the meaning of this obligation understood to be considered to be fulfilled.
Article 8, paragraph 2 This provision shall not be interpreted as an absolute prohibition set format. The following case, as in, exceptions may be:
a- a female employee termination to be guilty of abusing their duty to justify the employment relationship,
b-related work to stop the operation, the expiry of the period which has been provided in
c labor contract .
Article 12 paragraph 4
in the introduction to this paragraph, "according to the conditions contained in this Agreement" shall, others, as well as to nationals of the other Party by a party related to aid independently of any insurance contribution, may request the completion of a certain period of residence It means.
Article 13 paragraph 4 is not a party to the European Convention on Social and Medical Assistance government, other citizens have to name the parties, provided the treatment in accordance with the provisions of the Charter can confirm the terms of this paragraph.
Article 16 This provision is understood to include single-parent families in the form of protection that is provided here.
this provision, the law applicable to the child unless the lower teens, especially 7 foresaw the Charter, including Article where other specific provisions are without prejudice to, understood to include all persons under 18 years of age.
This does not mean that the obligation to provide compulsory education up to the age mentioned above. Article 19. Paragraph 6
implementation of this provision "a foreign worker's family" means, at least as long as they are dependent on the employee's wife and their small numbers and unmarried children of migrant workers understood by the receiving State. Article 20
unemployment assistance, old age allowance and widow, and issues relating to social security, as well as other provisions related to assistance to orphans has been agreed can be kept outside the scope of this article.
2- Especially pregnancy, confinement and the provisions relating to the protection of women about postpartum period is not considered discrimination as stated in this Article.
3 of this Article shall not prevent the adoption of specific measures aimed at eliminating the actual inequality.
4- qualifications due to the condition of fulfillment of this Article or professional activities that can be allocated only to people with a particular sex or be excluded from the scope of certain provisions of this Article. This provision of the parties, legal or regulatory process, create a list of professions that can be a dynamic manner in which a particular sex because of the nature or conditions of fulfillment of any of the form as required.
implementation of Articles 21 and 22 of this Article, "representatives of the employees", the term refers to national legislation or practice by such qualified persons.
2- "National legislation and practice" refers to the case, laws and regulations as well as collective agreements, other agreements between employers and employees' representatives, covers the customs and relevant judicial decisions. implementation of
3 of this Article, "business" means, with or without legal personality, to provide services to obtain financial gain or created to produce goods and the power to determine its own market policy tangible and intangible components comprehensible format specifies the whole.
4- religious communities and their institutions, even if these institutions are operating in the sense referred to in paragraph 3, could be excluded from the implementation of these substances is understood field. Some ideals inspired by or for organizations in activities directed by certain moral concepts of national legislation to protect, to the extent necessary for the maintenance of the line of business can be excluded from the application of these substances.
5 in a State, when used in a variety of operating rights organizations are involved in this matter, it understood to have fulfilled the obligations arising from the provisions of the Party. 6
Parties, determined by national legislation or practice, businesses that employ less than a certain number of employees can be kept outside the scope of application of this Article.
Article 22 1. This provision, neither the State of workplace health and safety regulations related to the obligations and powers of the authority of the officials responsible for monitoring their implementation organs and affect their responsibilities.
2- "social and socio-cultural services and facilities" are social benefits provided to employees of certain businesses, sports fields, nursing rooms, libraries, children's holiday camp etc. for. social and / or cultural facilities indicates understandable format.
Implementation of Article 23 paragraph 1 of this paragraph, "as long as possible" refers to the elderly person's physical, emotional and mental ability to relate to.
Article 24 1. For the purpose of this Article "termination of employment" and "end" are means the termination of employment with the employer's discretion.
2 of this article covers all workers but a party, persons who are employed in the following types of some of assurance in this matter or can exclude all:
a- fixed-term or working with the employment contract for a specific job;
B predetermined and provided that a reasonable period of time, the period of probation or trial period working with;
C temporarily working for a short time.
3 in terms of this article, in particular, the following matters do not constitute a valid reason for termination of employment: attend
a- union membership or outside working hours or union activities during working hours with the permission of the employer;
B ask the employees to act as representatives, to carry this title or be moved;
C laws or complain about an employer for allegedly violating regulations or to join the criminal proceedings or to apply to the competent administrative authority;
D race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national or social origin;
E maternity or family leave;
f temporary absence from work due to illness or injury;
4 of the terminated business contracting without a valid reason, compensation of employees, or other appropriate assistance and take the national laws or regulations, collective agreements or understood to be determined by other appropriate means to national circumstances.
Article 25 1. The competent national authorities, in exceptional circumstances and after consultation with employers 'and workers' organizations, some of the working groups of the special nature of the employment relationship should be understood that goes beyond the protection provided by this provision.
2 "helpless state" definition of national legislation (law), and it should be understood by the application.
3. This provision of the demand will be the work that gets covered include at least the following:
a- running in the event of insolvency or other termination of employment, this period of concession will be for not less than three months and is guaranteed to be less than eight weeks including the debt-claims, wage claims payments related prescribed period; B
employees, insolvency or employment contract payable as a result of the work done during the year in which the end holiday pay claims; In case incapable of
c employee or earlier termination of employment, preference will be for not less than three months during this period and to be in nature will be guaranteed to be less than eight weeks, will request for other paid leave to be paid for a specified period .
4 National laws or regulations on the protection of workers will demand, provided that in a socially acceptable level, can restrict a specified amount.
Article 26 of this Article, understood as the law does not require the parties to be removed. 2nd paragraph, it is understood to include sexual harassment.
of this article, family responsibilities that men and women workers, those responsibilities to prepare for activities related to the economy, to join or where prevent progress in these activities, their dependent children who are clear and applied for their care and support to the needy close family members .
"Their children dependents" and "close family members who need their care and support" terms, means that such persons tanımıa of the Party in national legislation.
Implementation of Article 28 and 29 of this Article, "representatives of the employees", the term refers to national legislation or practice by such qualified persons.
Chapter III of the Charter, which contains legal obligations of an international character and IV only their implementation. It is understood to be connected to the specified control section. A
Article, numbered paragraph of paragraph 1
understood that only includes substances that consists of a paragraph.
Article B, paragraph 2
to paragraph 2 of Article B, modified its provisions, with the following exceptions, the same substance or correspond to the Charter's provisions with the paragraph numbers
a- Charter Article 3 of 1 and 3 corresponding to the third paragraph, amended paragraph 2 of Article 3 of the Charter;
B 2 of the Charter corresponds to Article 3 and paragraph 3, amended paragraph 3 of Article 3 of the Charter;
C Article 10 of the Charter corresponds to paragraph 4, amended paragraph 5 of Article 10 of the Charter;
D Charter which corresponds to Article 17, paragraph 1 of the amended Article 17 of the Charter. PART VI Article
different applications based on objective and reasonable justification shall not be considered discrimination. Article F
"war and other exceptional circumstances" are understood to include also the threat of war.
21 and 22 of Article II of workers excluded in accordance with the addition of the substance, understood as not taken into account in determining the number of relevant employees. Article J
"Change", the term will be extended to include the addition of new substances to the Charter.
Search Translated Laws of Turkey