Toplu Pazarlık Kapsamını Etkileyen Faktörler: Karşılaştırmalı Endüstri İlişkileri Temelinde Türk Endüstri İlişkileri Sisteminin Modernizasyonu
Ayhan Görmüşİskandinav ülkelerinde olduğu gibi, yüksek sendikal yoğunluğun toplu pazarlık kapsama oranını yükseltici bir etkisi olmasının yanı sıra, işveren örgütlenme yoğunluğunun yüksek olduğu ülkelerde de, toplu iş sözleşmelerinin genişletilmesi yoluyla, toplu pazarlık kapsama oranı artırılabilmektedir. Ayrıca, toplu pazarlık kapsama oranlarındaki ülkeler arası farklılıklar ve sendikal yoğunluk ile toplu pazarlık kapsamı arasındaki ülke içi farklılıkları tam olarak anlayabilmek için toplu pazarlık düzeylerinin ve bu düzeyler arasındaki koordinasyon derecesinin yanı sıra, genişletme mekanizmasının rolünün incelenmesi gerekmektedir. Ancak, Türkiye örneğinde, toplu pazarlığın kapsamı, değişen yapısı ve toplu pazarlık kapsamını etkileyen faktörlerle ilgili ampirik çalışmaların sınırlı sayıda olduğu görülmektedir. Bu eksikliği gidermek ve literatüre katkı sağlamak için, bu araştırma, Amsterdam Üniversitesi’nin Sendikaların Kurumsal Özellikleri, Ücret Belirleme, Devlet Müdahalesi ve Sosyal Paktları veri merkezinin ve OECD’nin verilerini kullanarak, temel olarak, toplu pazarlık kapsamı ile kapsamı etkileyen faktörler arasındaki ilişkiyi karşılaştırmalı endüstri ilişkileri temelinde analiz etmeyi amaçlamaktadır. Ayrıca sonuç bölümünde, Türk endüstri ilişkileri sisteminin modernizasyonuna yönelik model önerileri tartışılmaktadır. Bu çalışma, toplu pazarlık kapsama oranı ile sendikal yoğunluk, toplu pazarlık koordinasyon derecesi ve genişletme mekanizmasının kullanım sıklığı arasında orta düzeyli bir korelasyon, işveren örgütlenme yoğunluğu ve baskın toplu pazarlık düzeyi arasında, yüksek düzeyli bir korelasyon olduğu sonucuna ulaşmıştır.
Factors Affecting Collective Bargaining Coverage: Modernisation of Turkish Industrial Relations System based on Comparative Industrial Relations
Ayhan GörmüşAs it is in Scandinavian countries, a high union density ensures the enhancement of collective bargaining coverage rates and also, the collective bargaining coverage can be boosted by the extension mechanism in countries with a high employer organisation density, as it is in France. Additionally, the role of collective bargaining levels, coordination degrees among bargains and the extension mechanism should be examined to fully understand the disparities in collective bargaining coverage rates across countries, and the differences of union density and collective bargaining coverage within the country. However, in the case of Turkey, it has been seen that there is a limited number of empirical studies related to the coverage and changes in the structure of collective bargaining and the factors affecting the collective bargaining coverage. To address this gap and to contribute to the literature, this research, using Amsterdam University database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts and OECD’s data, mainly aims to analyse the relationship between collective bargaining coverage and the factors affecting collective bargaining coverage based on the comparative industrial relations. Additionally, in the conclusion section, the model proposals for the modernisation of the Turkish industrial relations system are discussed. This study originally concluded that there is a significantly moderate size of correlation relationship between collective bargaining coverage rates and coordination degrees of collective bargaining and the usage frequency of the extension mechanism while having a significantly large size of correlation relationship between collective bargaining coverage rates and the employer organisation density, and a predominant collective bargaining level.
Employees and employers in democratic countries are organised not only to negotiate wages and employment conditions, but also to protect and develop their interests. The organised representation and the process of the negotiation and making-decision by collective bargaining is a fundamental establishment to regulate the labour market and the main pillar of social dialogue at the national level. Also, rights to organise and collective bargaining are a fundamental right to work determined by the ILO Convention No. 98.
It is well known that, as it is in Scandinavian countries, a high union density ensures the enhancement of collective bargaining coverage rates, and also the collective bargaining coverage can be boosted by the extension mechanism in countries with a high employer organisation density, as it is in France. Besides, the role of collective bargaining levels, coordination degrees between bargains in different levels and the extension mechanism should be investigated to fully understand the disparities in collective bargaining coverage rates across countries, and the differences of union density and collective bargaining coverage within the country.
Although a detailed and comprehensive comparative literature about the developing nature and coverage of collective bargaining has been accumulated, notably in OECD countries, in the case of Turkey, it has been seen that there are limited empirical studies related to the coverage and changing structure of collective bargaining. This literature gap delimitates the access to reliable and updated knowledge about the factors of the collective bargaining coverage in Turkey. In this sense, by using data taken from the Amsterdam University database on ICTWSS and the OECD database, this research mainly aims to analyse the relationship between the collective bargaining coverage and the factors affecting the collective bargaining coverage such as union density, employer organisation density, levels and coordination of the collective bargainings and the extension mechanism based on the comparative industrial relations. Additionally, in the light of findings collected from the study, model proposals for the modernisation of the Turkish industrial relations system will be discussed.
This study originally concluded that there is a significantly moderate size of correlation relationship between collective bargaining coverage rates and coordination degrees of collective bargainings, and the usage frequency of the extension mechanism while being of a significantly large size of correlation relationship between collective bargaining coverage rates and the employer organisation density and the predominant collective bargaining level. Also, the other results of the study are the following:
Examining countries with a high collective bargaining coverage, the empirical results and literature imply that high union density, central level of collective bargaining and frequent usage of expansion mechanisms are the factors that increase the collective bargaining coverage. However, the increase in union density needs the existence of a gent system, as it is in the Scandinavian countries, whilst the central level of collective bargaining and the prevalent usage of extension mechanisms depend on a high employer organisation density.
In Turkey, the predominant level of collective bargaining is the workplace and the enterprise levels, while in countries where the collective bargaining coverages are relatively higher than in other countries, collective bargaining is more predominant at the sectoral and national level. Additionally, the negotiation of collective bargaining at the sectoral level is legally impossible in Turkey, however, group collective bargaining, which negotiates at the workplaces and the enterprises in the same industry, may be qualified as the substitution of sectoral collective bargaining.
It is seen that collective bargaining representation criteria in the majority of the countries compared vary according to the domestic dynamics of the countries, and are shaped by having a certain number of members, a legal arrangement, a social agreement, achieving a certain vote threshold in the ballot in which employees participate, and judicial decisions. However, in Turkey, the collective bargaining representation authority is designated by law and consists of a double threshold system: 1% industry threshold based on the union density in the industry, and the workplace and the enterprise thresholds: 50%+1 for workplaces and 40% for the enterprises. In practice, the fixation of the collective bargaining representation to the double threshold makes it difficult to achieve a representation authority for newly established unions and leads to a reduction of the collective bargaining coverage.
Although industry and workplaces thresholds which are needed for a collective bargaining representative have been reduced in Turkey after the year 2012, collective bargaining coverage rates have still been lower than both trade union density and employer organisation density, and this negative difference continues to increase every year. This reveals that some of the employees, though they are union members, are not covered by collective bargaining, and they face some obstacles related to use their right to organise.
Under the double affiliation principle in Turkey, only signatory bargaining parties and their members can benefit from wages and working conditions determined by collective bargaining. However, it is possible for employees who are not signatory union members to benefit from the collective agreement by paying a solidarity fee.
Finally, although the extension mechanism has been legally regulated since the period of the institutionalisation of industrial relations in Turkey, it does not have a significant effect on the collective bargaining coverage. This is because, until now, it has been rarely used.
