Turkey Kamu-Sen Manisa Provincial Representative and Turkish Sağlık-Sen Manisa Branch President Aydın Akagündüz made a statement regarding the justification of the Constitutional Court's decision regarding the cancellation of the collective bargaining bonus. In his statement, Akagündüz said, “The justification for the decision of the Constitutional Court regarding the cancellation of the collective bargaining bonus was published in the Official Gazette No. 5 dated 2024 March 32480. The Constitutional Court completely annulled the collective bargaining bonus, one of the biggest union gains of public employees. This decision of the court is unacceptable for public employees.
The Constitutional Court has no right to arbitrarily cancel a right obtained through collective bargaining, exceeding its authority, and victimize more than 2 million public employees. Such a decision means that the Constitutional Court puts itself in the place of the legislator, and it also deals a blow to the autonomy of the collective agreement. However, the main responsible for this strangeness is the CHP and their mentors, the so-called unions, who made the application for annulment and caused the suffering of millions of civil servants.
After the annulment decision of the Constitutional Court, all union member civil servants will now receive 537,93 TL per month instead of 190,21 TL. Accordingly, the so-called unions, CHP and the Constitutional Court, which claim to defend the rights of civil servants, have collaborated to cause a loss of 2 TL per month to 18 million 674 thousand 347,72 civil servants.
The main purpose of the collective bargaining bonus regulation was to create a strong unionism and to provide all unionized civil servants with the advantage of being a union member. While 2 million 18 thousand 674 civil servants benefiting from collective bargaining bonuses are members of 47 different unions, there are 42 thousand 937 members per union. 111 thousand 970 civil servants who cannot benefit from collective bargaining bonuses are members of 196 different unions. That means there are 571 members per union. 571 unions with an average of 196 members create diversity rather than unity. We refer the so-called unions, which victimized more than 2 million public employees with today's figures, just because of union bigotry and concern for seats, and caused their monthly 347 TL to be taken away from them, to the consciences of public employees.
For 32 years, we have struggled hard to achieve gains for our members. We worked to ensure that all public employees, regardless of whether they are union members or not, benefit from the achievements we have achieved; We did not allow anyone to be victimized. We would expect those unions to be more active, meet the necessary conditions and reach the right to collective bargaining bonuses for their members. They chose not to work by taking the easy way out, but instead chose to save their own fortunes at the expense of victimizing more than 2 million civil servants. Instead of raising themselves, they preferred to lower the rights of millions of civil servants.
The Constitutional Court made this strange decision and canceled a payment that was the vested right of public employees. This decision took place as the domination of the minority over the majority. Those who applied to the Constitutional Court requesting the cancellation of the collective bargaining bonus acted irresponsibly, unaware of what they were going to cancel.
This situation cancels one of the most important elements of public servants' unionism, such as the collective bargaining bonus, which has become an acquired right of millions of union member civil servants, who thinks that he has the authority to abolish a right obtained by law by putting himself in the place of a legislator, exceeding the limits granted to him by the Constitution. It is the work of the people and organizations that created and facilitated this.
However, the path is not exhausted. The Ministry of Labor and Social Security may prepare an additional protocol to solve the "Collective Agreement Bonus" problem, which is the most important issue of public personnel, by calling the Ministry of Finance and the confederation representatives who send representatives to the Public Personnel Advisory Board to a meeting in accordance with Article 4688 of Law No. 42.
Public employees, numbering 10 million together with their families, are waiting for the collective bargaining bonus to be reorganized and the loss of 347 TL to be compensated. "With a new regulation, our authorities must defeat the evil intentions of certain circles and save more than 2 million public servants from this strange understanding," he said.
