TERMINATION AND SUSPENSION OF UNION MEMBERSHIP

Termination and suspension of union membership

ARTICLE 19 – (1) An employee or employer may not be forced to remain a member of a trade union or to leave membership.

(2) Each member may withdraw from membership by notifying them of withdrawal through the e-Government gate. The notification of withdrawal made through the e-Government gate reaches the Ministry and the trade union simultaneously in electronic form.

(3) The withdrawal shall take effect one month after the date of notification to the trade union. If a person who has withdrawn becomes a member of another trade union within a one-month period, the new membership is considered to have been acquired on the date of the expiration of this period.

(4) The decision to withdraw from the union membership is made by the general assembly. The decision is notified to the Ministry electronically through the e-Government gate and the issued one is notified in writing. Against the decision to be removed, the member may appeal to the court within thirty days from the date of notification of the decision. The court makes a final decision within two months. Membership continues until the decision to withdraw is final.

(5) The memberships and duties of those who have lost the title of employer or deputy employer in trade unions and higher organizations will end spontaneously on the date they lose this title. However, the membership of a legal entity does not decrease if those who are members of employer unions with the title of deputy employer representing a legal entity lose this title. In this case, the duties of the employer’s deputy in the organizational bodies cease.

(6) The trade union membership of the employees who leave their jobs by receiving an old age or disability pension or a lump sum payment from the Social Security Institution shall be terminated. However, the membership of those who continue to work and those who receive an old age or disability pension or wholesale payments during their duties on the management, supervisory and disciplinary boards of the organization and its branches continues for the duration of their duties and as long as they are re-elected.

(7) The union membership of the one who changes his/her line of work terminates spontaneously.

(8) Holding a position in the bodies of the workers’ organization and its branches does not terminate membership.

(9) The fact that a member of a labor union is unemployed for no more than a year does not affect his membership.

(10) The membership relationship of the member who is under arms due to any military assignment is suspended during this period.

(11) The procedures and principles regarding the acquisition of membership and the termination of membership shall be regulated by a regulation to be issued by the Ministry.

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