In Turkey that led to freelance workers being unionized DİSK, Basın İş scored another pioneering work. The union signed protocols at two institutions producing news for ARTI TV and Artı Gerçek, based on ILO conventions. The protocol paved the way for employees to participate in management.
After the 1980 military coup, many unions cannot make collective labor agreements, even though they hold the majority in their workplaces due to the industry threshold introduced to prevent unions from organizing. A protocol was signed as a result of negotiations with the employer of two companies, in which almost all employees are members of the DİSK Basın İş.
So far in Turkey, Social Workers' Union under DİSK had signed the protocol with Amnesty International per the ILO conventions. The recent protocol is the first protocol signed in the media sector.
Freelance employees became union members with the efforts of DİSK Basın İş, and a freelance journalist took part in the board of directors of the union.
AGREEMENT REGARDING WORKPLACE CONDITIONS
ARTICLE 1 - PARTIES
1) This agreement is entered into between the Turkish Press, Broadcasting and Printer Workers’ Union (DİSK Basın-İş) and Yirmidört Kare Basın Yayın Film Yapım Prodüksiyon Limited Şirketi (24 Kare Prodüksiyon) according to the conditions and principles listed below.
2) DİSK Basın-İş shall hereinafter be referred to as the union, while members of DİSK Basın-İş üyeleri shall be referred to as employees. Yirmidört Kare Basın Yayın Film Yapım Prodüksiyon Limited Şirketi and its deputies shall hereinafter be referred to as the employer.
ARTICLE 2 - SCOPE OF APPLICATION
1) This agreement applies to the 24 Kare Prodüksiyon A.Ş. workplace, all buildings, and annexes that belong to the employer, as well as all places to which workers can be assigned in line with their journalistic profession.
ARTICLE 3 - RESPONSIBILITIES
1) The parties recognize, above all, the fundamental principles of protecting employees’ rights in the workplace, the facilitation of employees’ professional development, and the representation of employees on the board.
2) In accordance with the law and this agreement, the employer’s management right may not be exercised in such a way as to negate the rights and benefits granted to employees.
3) The employer agrees to act in good faith in performing its duties to the best of its abilities, avoid using forceful influence and pressure to make members leave the union and join another union, and avoid interfering in the administration of the union either directly or indirectly.
4) Members of the union’s Board of Directors and area representatives are always at liberty to meet with employees and the employer on the condition that they first arrange an appointment.
5) In the event of disagreements between employees and the employer, the union’s workplace representatives and the employer shall first meet to address the problem. In the event that they fail to reach a solution, the union shall meet with the employer in an effort to find a solution. It is essential that the parties solve their issues in the most reasonable way possible without resorting to legal avenues.
6) In the event of problems or practices that the Labor Law does not address, either the employer or union’s workplace representative shall recommend the convocation of at least one deputy of the employer, one workplace representative, and one member of the union’s Board of Directors to address the issue and facilitate a solution.
ARTICLE 4 - WORKPLACE UNION REPRESENTATIVE
1) The number of union representatives in the workplace shall be determined in accordance with Law No. 6356.
2) Representatives shall be selected in accordance with the union’s statutes and regulations while the employer shall receive written notification of the results of the representatives’ election along with the relevant minutes.
3) Workplace union representatives shall convey all problems to either the employer or representatives that the employer determines and, depending on the nature of the issue, to the union’s administration so that the various parties may seek a solution.
4) A workplace union representative shall also act as the employees’ representative on the health and safety board.
5) The employer shall place a union announcement board in a location that all employees can view.
ARTICLE 5 - WORKING CONDITIONS
1) In regards to hiring and the assigning of tasks:
- a) In the hiring process, an employee shall be informed of her/his tasks and the department in which she/he shall work. For the purposes of this notification, an employee’s tasks and the department shall be clearly stated in the contract in line with the agreement between the employee and the employer. Once this article comes into force, this article shall apply to the hiring process. For previously hired employees, the permanent workplace application shall take precedence. In the event of any differences and discrepancies in implementation, this agreement shall take precedence.
- b) In the event that an employee is assigned a task that exceeds the scope of the job description included in her/his contract, the employer shall obtain the employee’s written consent, while the workplace representative will be informed of the situation. No one may be forced to do a job they do not wish to do. The employer exercises the right to demand revisions to tasks as changes occur in the course of work. At the end that the employer cannot reach an agreement with employees regarding such demands, Article 3.6 shall be applied.
- c) Staff numbers shall be determined according to the department. In the event of a reduction or an increase in staffing, representatives shall inform the union’s administrators about the matter.
- d) In new hirings, probation periods shall not exceed two months.
- e) The length of employment is the same as the length of employment determined in the laws.
2) In regards to professional development and training:
- a) The parties shall organize training programs for the purposes of deepening employees’ professional knowledge and experience. The parties may organize these programs together or separately.
- b) Employers may not place any financial burden on employees for training programs. Additionally, time spent in training shall be counted as time worked.
- c) Schedules of leaves for training and a list of participating employees shall be presented to the employer in advance.
- d) Employees shall use the leave period for training and are obliged to present any certificates gained to the employer and the union.
3) In regards to wage regulations:
- a) In setting the lowest wage in the workplace, the employer shall consider the hunger and poverty line in prioritizing efforts to provide a humane living standard.
- b) Once the agreement comes into force, wages shall rise with regard to the criteria listed in Clause a) of Article 5.3 at the beginning of every calendar year. The wage hikes shall not be less than the hike in the minimum wage. The raise date for 2021 will be discussed separately by the employer and the union, taking into account the pandemic conditions and possible effects on the workplace.
- c) Managers shall not earn wages that exceed those of employees by more than fourfold. Supplemental payments may be made to employees based on their professional experience or length of service.
- d) In the event that working hours exceed the working hours specified by law, the employee shall receive overtime pay in accordance with the law. Both parties may increase the overtime pay.
- e) Employees shall receive a bonus of at least 250 Turkish Liras every new year and every 1 May International Unity, Struggle, and Solidarity Day.
- f) The employer shall regularly provide all employees with monthly payslips calculated in accordance with relevant regulations and immediately address all problems regarding this issue. In the event that wages are not paid in full or are paid incorrectly, the mistake shall be corrected the following month, when the remaining wages from the previous month shall be added to that month’s wages.
- a) The employer shall take care to ensure that all employees use their annual paid holiday time as specified by law. Annual paid holidays may be taken in stages contingent on the consent of the employee. In the event that this occurs, however, at least 10 of the vacation days must be consecutive. The relevant articles of the Labor Law shall apply with regard to this issue.
- b) In the event that the nature of the job requires work to be done on public and religious holidays, workplace union representatives and the employer shall together determine who will work on the condition that the affected employees’ consent is obtained.
- c) In addition to annual paid leave, employees exercise the right to two days of leave every 15 days.
ARTICLE 6 - IMPLEMENTATION
1) This agreement and the rules that it stipulates shall enter into force on the date of signature. Considering the possible consequences of the Covid19 pandemic, the articles can be renegotiated at the request of the parties.
2) This agreement was signed by both parties on XX.XX.2021.
3) This protocol is extended to those who work with Har Medya Yapım Tanıtım Organizasyon ve Ticaret Limited Şirketi and those who work in companies where DİSK Basın İş is organized.
REPRESENTATIVES OF REPRESENTATIVES
DİSK BASIN-İŞ 24 Kare Prodüksiyon A.Ş.S