Social Dialogue and Democracy in the Workplace

Social Dialogue and Democracy in the Workplace

Erdem Cam Social Dialogue and Democracy in the Workplace Trade Union and Employer Perspectives from Turkey 123

Erdem Cam Ankara Turkey ISBN 978-981-10-8481-2 ISBN 978-981-10-8482-9 (ebook) https://doi.org/10.1007/978-981-10-8482-9 Library of Congress Control Number: 2018933498 Springer Nature Singapore Pte Ltd. 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. part of Springer Nature The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore

For Turkish Workers

Foreword Social dialogue has become a key concept for the ILO s Decent Work Agenda as well as the EU s social policy. Social dialogue has many aspects and can be established at different levels (inter-professional, sectoral or workplace) in multiple ways. However, despite the conceptual differences, the basic idea behind social dialogue mechanisms is always more or less the same, i.e. to promote cooperation between the two sides of the industry in order to achieve industrial democracy. This insight has a very important implication, i.e. social dialogue should never be evaluated in economic categories but as an important input to a democratic society. The manner in which bilateral social dialogue at the micro level of the workplace is compatible with traditional collective bargaining systems and whether it weakens or strengthens it has been an issue of controversy for many countries. Also, there is no uniform answer to this issue. The manner in which the EU has handled social dialogue is very helpful. As a starting point, the EU was confronted with the utmost diversity in social dialogue at the workplace. There were certain countries that did not know of such a system itself, and they had an antagonistic approach, which is based exclusively on collective bargaining and industrial conflict for unsuccessful negotiations. For the management of companies, such an approach meant unilateral decision-making by employers without any involvement of the workforce. As far as patterns of workers participation were established, they had a very different shape in each country. The differences were with respect to (i) the relationship between bodies of workers participation and trade unions, (ii) the relationship between participation rights and collective agreements, (iii) the levels of decision-making (only at the shop floor or at the company level), (iv) the intensity of participation rights (information, consultation and even co-determination), (v) the topics covered by participation rights, (vi) the employees representation in company boards, and (vii) the protective rules for employees representative. Therefore, it was quite clear that none of these patterns could be considered as a model and transferred to other countries too. Every system was deeply rooted in history and culture of the respective country, and functioned as a symbol of national vii

viii Foreword identity. Only the idea of workers participation was transferable, and not the institutional arrangements. This raised a very difficult question for the EU, i.e. whether it should intervene or leave things as they were. Finally, in addition to establishing specific rules for transnationally operating companies, a decision was made to intervene in a minimalistic manner into the national structures by imposing a framework for information and consultation. This framework required different countries to implement it and ensure their existing institutions and actors are in full compliance. Only those countries that had no pattern of workers participation at all, a minimalistic system of information and consultation was imposed. This, of course, was problematic because for such countries this step was against their tradition and culture. Nevertheless, the EU took this step because the EU authorities were convinced of the evident advantages of workers participation as well as the mutual trust that was generated by permanent dialogue. This led to an increase in employees motivation and increase in productivity, elimination of conflicts, improved legitimacy of decision-making and easier implementation of management s decisions. Also, at the workplace, there was sustainable decision-making and better management because of the need to justify to employees representatives the importance of the envisaged decisions. However, in countries where such a system was imposed, they still only applied it reluctantly, which shows the importance of developing such structures in a country-specific manner. Social partnership is one of the primary requirements for proper functioning of social dialogue at the workplace. Therefore, trade unions on the one side and employers with their associations on the other side need have at least a basic willingness to cooperate with each other for issues that need to be decided at the workplace. Erdem Cam is quite aware of the fact that social dialogue can only be developed within the cultural, historical and institutional context of a specific country and that its functioning completely depends on the positive attitude of the social partners. Therefore, in his book, he discusses the theoretical concepts of social dialogue and the history behind the still rudimentary mechanisms of social dialogue at the workplace in Turkey. He also carefully and comprehensively analyses the views of the doctrine and particularly the perspectives of the social partners in Turkey on the possibility of establishing a more systematic way of a well-functioning mechanism enabling workers participation in the Turkish context. This effort barely can be overestimated and is of utmost importance for future development of a more democratic workplace in Turkey. Frankfurt, Germany November 2017 Manfred Weiss Former President of ILERA

Contents 1 Reason for Researching Social Dialogue at the Workplace... 1 References... 8 2 Concepts... 9 2.1 Social Dialogue... 9 2.1.1 Social Partners in the Context of Class Differences... 12 2.1.2 Social Dialogue in Workplace and Democracy... 13 2.1.3 Models Providing Social Dialogue at the Workplace... 16 2.1.4 Tripartite Dialogue... 18 2.1.5 Multilateral Dialogue... 19 2.2 Dialogue s Power of Influence on the Decision Making Process... 19 2.3 Industrial Democracy and Social Dialogue... 21 2.4 Conclusion... 27 References... 28 3 Theoretical Framework... 33 3.1 First Views on Social Dialogue... 34 3.2 Confrontational Approaches... 37 3.2.1 Confrontational Approach to Industrial Relations... 37 3.2.2 Power Relations in Industrial Relations... 38 3.3 Conciliatory Approaches... 39 3.3.1 Systems Theory... 39 3.3.2 Pluralist Approach... 41 3.3.3 Human Resources Management Approach... 43 References... 45 4 Method... 47 4.1 Methodological Background... 47 4.2 Studying Social Dialogue from Social Partners Perspective... 49 4.3 Research Question... 51 ix

x Contents 4.4 Interviewed Institutions... 52 4.5 The Process of Contacting the Interviewees... 54 4.6 Analysis of the Findings... 55 References... 57 5 Legal Framework and Scope of Social Dialogue at Workplace Level in Turkey... 59 5.1 Bilateral Social Dialogue in Turkish Working Life... 61 5.1.1 Close Pre-republic Period... 62 5.1.2 Post-republic Period... 64 5.1.3 Other Bilateral Social Dialogue Applications... 73 5.2 Conclusion... 91 References... 91 6 Opinions of Social Partners: Turkey, Land of Differences in Labour Relations... 95 6.1 Different Approach Patterns Amongst Social Partners... 96 6.1.1 Union Movement and Social Dialogue... 103 6.1.2 Barriers for Freedom of Association and Collective Bargaining... 108 6.1.3 Subcontracting and Social Dialogue... 118 6.1.4 Competition Productivity and Social Dialogue... 122 6.1.5 Workplace Social Dialogue in the European Union Process... 126 6.1.6 Workplace Boards and Social Dialogue... 134 6.1.7 Worker Representation and Volunteer Boards... 146 6.1.8 Social Partnership and Social Dialogue... 155 6.1.9 Socio-cultural Values and Social Dialogue... 158 6.2 A Theoretical Attempt to Explain Turkish Labour Relations... 162 6.3 Discussion... 170 References... 189

About the Author Erdem Cam, Ph.D. is the Associate Professor of Social Policy. He received his bachelor s degree from Gazi University, Department of Labour Economics and Industrial Relations, and his M.Sc. and Ph.D. degrees from the same department at Ankara University. For his Ph.D. thesis, he did his research at the University of Leicester and Bangor University in the UK. He then served as the Project Director and held many different positions at several EU- and government-funded projects. Dr. Cam has written several book chapters, translations, articles, compilations and participated in interviews on labour relations, labour market, labour administration, occupational health and safety and social policy. He has also written a book titled: History of Centre for Labour and Social Security Training and Research 1955 2011: Social Policy and Occupational Health and Safety Trainings in Turkey. In addition, he is the Founder Editor-in-Chief of the Journal of Labour Relations and holds different editorial positions on the board of other journals in the field of labour economics, labour relations, social policy and administrative sciences. He was also a Visiting Researcher at the Centre for Research in Equality and Diversity, Queen Mary University of London, in 2017. xi

Abbreviations and Acronyms BASİSEN BETAM Birleşik Metal-İş C.U. ÇASGEM ÇELİK-İŞ CEMR CLA CoO DİSK DİYİH EC ECom Enepri EP EPSU EU EUSG GENEL-İŞ HAK-İŞ HRM ILO IPA IPM K.T.M.U. KAMU-İŞ KAMU-SEN Banking and Insurance Employees Union Bahçeşehir University Centre for Economic and Social Research United Metalworkers Trade Union Cumhuriyet University Centre for Labour and Social Security Training and Research Trade Union in Steel, Iron, Metal and Auto Industry The Council of European Municipalities and Regions Collective Labour Agreement Code of Obligations Confederation of Progressive Trade Unions of Turkey Directorate General of External Affairs and Services for Workers Abroad European Community European Commission European Network of Economic Policy Research Institutes European Parliament European Federation of Public Service Unions European Union European Union Secretariat General General Services Workers Trade Union of Turkey Confederation of Turkish Real Trade Unions Human Resource Management International Labour Organization Industrial Participation Association Institute of Personnel Management Kyrgyzstan Turkey Manas University Public Enterprises Employers Union Public Employees Unions Confederation of Turkey xiii

xiv KESK KOSGEB KPSS KRİSTAL-İŞ MEGEP MEMUR-SEN MESS METU MISK MoLSS MoNE MUSIAD No. OHS ÖSS ÖZ GIDA-İŞ Ph. D. PHARE RILSA SCE SEEs SEİS SEOs SME SOE TARİŞ TBMM TEK TEKEL TEKSİF TEKSTİL İŞVEREN TEKSTİL TESK TEZ KOOP-İŞ TİSK TOBB Abbreviations and Acronyms Confederation of Public Workers Unions of Turkey Small and Medium Industry Development Organization Public Personnel Selection Examination Cement, Glass, Ceramic and Soil Industry Workers Union Strengthening the Vocational Education and Training System Project Confederation of Public Servants Trade Unions of Turkey Turkish Employers Associations of Metal Industries Middle East Technical University Confederation of Turkish Nationalist Workers Unions Ministry of Labour and Social Security Ministry of National Education Independent Industrialists and Businessmen Association Number Occupational Health and Safety University Entrance Student Selection Examination Trade Union for Workers in Food and Tobacco and Beverages Industry Doctor of Philosophy Poland and Hungary: Assistance for Restructuring their Economies Research Institute for Labour and Social Affairs Societas Cooperativa Europaea State Economic Enterprises Health Industry Employers Association of Turkey State Economic Organizations Small and Medium Sized Businesses State Own Enterprises Tariş Figs, Raisins, Cotton and Oil Seeds Agricultural Sales Cooperatives Union Grand National Assembly of Turkey Turkish Electricity Authority General Directorate of Tobacco, Tobacco Products, Salt and Alcohol Enterprises Turkey Textile, Knitting and Clothing Industry Workers Union Turkish Textile Industry Employers Association DISK Textile Workers Union Confederation of Turkish Tradesmen and Craftsmen Commerce, Cooperative, Education, Bureau and Fine Arts Workers Union of Turkey Turkish Confederation of Employer Associations The Union of Chambers and Commodity Exchanges of Turkey

Abbreviations and Acronyms xv TÜBITAK TÜHİS TÜM TEKSTİL-İŞ TÜRK-İŞ TUSİAD UEAPME US USA Vol. YDK YERELSEN YHK YODÇE YOL-İŞ The Scientific and Technological Research Council of Turkey Turkish Heavy Industry and Service Sector Public Employers Association All Textile, Clothing and Leather Industry Workers Union Confederation of Turkish Trade Unions Turkish Industrialists and Businessmen Association The European Association of Craft, Small and Medium-sized Enterprises United States United States of America Volume Supreme High Auditing Board Local Government Public Employers Union High Council of Arbitrators of Turkey Labour Institute for the Near and Middle East Road, Structure and Construction Worker Union