International Labour Law

I. General Overview

The rules established by states through collective efforts form the basis of international labor law. The sources of international labor law can emerge from multilateral treaties formed by supranational organizations, as well as from bilateral agreements.

II. International Labour Organization (ILO)

The International Labour Organization (ILO) is the only tripartite United Nations agency, bringing together representatives from governments, employers, and workers. Through this unique tripartite structure, the ILO provides a forum where the governments and social partners of its 185 Member States can freely and openly debate labor standards and policies. Turkey became a member of the ILO in 1932.

The ILO’s tripartite structure offers a unique platform to promote decent work for all men and women. Its main objectives are the realization of labor rights, the promotion of decent employment opportunities, the strengthening of social protection, and enhancing dialogue on work-related issues. The ILO has four strategic objectives:

• Promoting and enforcing labor standards, fundamental principles, and rights.
• Enhancing opportunities for men and women to secure decent jobs and fair income.
• Extending the coverage and effectiveness of social protection for all.
• Strengthening tripartism and social dialogue.

The ILO serves its tripartite constituents—and society at large—through various means, including:

• Developing international policies and programs aimed at promoting human rights, improving living and working conditions, and enhancing employment opportunities.
• Establishing international labor standards, supported by a unique system for monitoring their implementation.
• Providing countries with technical cooperation programs developed and implemented through active partnerships to support the effective application of these policies.
• Supporting research and training activities to further advance these efforts.

III. ILO Conventions

The primary legislative function of the ILO is to establish international labor standards. The conventions and recommendations adopted at the International Labour Conference form the essential sources of international labor law. International treaties are established when documents prepared at the Conference are adopted by a two-thirds majority of the delegates present. These conventions become binding once ratified by the legislative bodies of member states.

According to Article 90 of the Constitution of the Republic of Turkey, “The ratification of treaties concluded with foreign states and international organizations on behalf of the Republic of Turkey is subject to the approval of the Turkish Grand National Assembly by law.” Therefore, for an ILO convention to be enforceable in Turkey, it must be ratified by law. Once ratified, these conventions become part of Turkish domestic law.

Moreover, paragraph five of the same article states, “International agreements duly put into effect have the force of law. In case of a conflict between international agreements concerning fundamental rights and freedoms that have been duly put into effect and domestic laws, due to differences in provisions on the same matter, the provisions of international agreements shall prevail.” Accordingly, the provisions of ILO conventions concerning human rights take precedence, while other labor conventions are on par with domestic labor laws. In cases of conflict between international treaties and domestic laws, the principle of lex posterior or lex specialis is applied, giving priority to more recent or specific regulations.

IV. United Nations Documents

The Universal Declaration of Human Rights, ratified by Turkey on April 6, 1949, declares rights such as the right to work, just and favorable working conditions, protection against unemployment, equal pay for equal work, fair and adequate remuneration, the right to form and join trade unions, rest, limitation of working hours, paid leave, and social security. While the Declaration is not legally binding, it has gained widespread global applicability.

Other significant international documents include the Convention on the Elimination of All Forms of Discrimination Against Women (ratified by Turkey on July 24, 1985) and the Convention on the Rights of the Child (ratified in 1995), which both contain provisions related to labor. Additionally, the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted on May 9, 2001, addresses the legal status of migrant workers.

V. Council of Europe Conventions

1. European Convention on Human Rights (ECHR)

The Council of Europe, founded in 1949, has significantly contributed to the development of international labor law. The European Convention on Human Rights, adopted in 1950 and ratified by Turkey in 1954, includes provisions relevant to labor law, such as the prohibition of forced labor and the right to form trade unions.

2. European Social Charter

The European Social Charter, adopted by the Council of Europe in 1961, is one of the most important contributions to labor relations, outlining fundamental principles for employment. While similar to the ILO Conventions, the European Social Charter has a broader scope. Turkey ratified this charter in 1989 and subsequently adopted the Revised European Social Charter in 2006, with certain reservations. These reservations concern the following articles:

• Article 2.3, regarding the provision of at least four weeks’ paid annual leave.
• Article 4.1, on the right to fair remuneration for workers and their families.
• Article 5, concerning the right of workers and employers to form or join local, national, and international organizations.
• Article 6, concerning the right to collective bargaining, including the right to strike.

VI. European Union Labor Law

The European Union (EU) Treaty, also known as the Treaty on the European Economic Community, contains several provisions related to labor law and social policy. Regulations, directives issued by the EU Council and Commission, and decisions of the European Court of Justice are binding on member states. However, recommendations and opinions are not legally binding.

Turkey’s EU Accession Process and Its Impact on Labor Law

Turkey applied for membership in the EU in 1959, and relations began with the Ankara Agreement in 1964. The Additional Protocol, signed in 1973, addresses labor law and social security issues. Turkey entered into a Customs Union with the EU in 1996, enabling the free movement of goods with EU countries. Turkey’s full EU membership negotiations began in 2005, prompting efforts to harmonize Turkish labor and social security legislation with EU standards.

One of the key negotiation chapters is Chapter 19: Social Policy and Employment. Turkey must comply with EU labor laws and regulations to advance in this chapter, with a focus on improving union rights and addressing informal employment.

VII. Bilateral Agreements

Since 1961, Turkey has signed numerous bilateral labor agreements with countries such as Germany, Austria, Australia, Belgium, France, the Netherlands, Qatar, Libya, Jordan, Azerbaijan, Kuwait, and the Turkish Republic of Northern Cyprus. These agreements regulate the working conditions and social security rights of Turkish workers employed abroad.

Gökçe Aral

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