The strike prohibited by decision of the President is in its ninth day

The strike launched by 400 workers at the Bekaert factory, which produces steel wire for tire factories in Izmit, has reached its ninth day despite being banned by decision of the president.

The workers, who rejected the 50 percent increase offered by the Belgian employer for the first 6 months of the year and demanded a 130 percent increase for the first 6 months, decided to go on strike after a period of 4 months.

At this point, production at the factory, where approximately 600 workers work, has been halted for 9 days.

Describing the process to sozcu.com.tr, the president of the United Metal-İş union, Adnan Serdaroğlu, stated that the workers continued the strike in shifts demanding an increase according to the real inflation they felt; the employer sent a letter to the workers in the middle of the night, saying that this strike was illegal since it was postponed by decision of the president and threatened with dismissal without compensation.

NEGOTIATIONS CONTINUED FOR 60 DAYS, EMPLOYERS APPEAL TO POSTPONE THE STRIKE

President Recep Tayyip Erdogan, with the decision published in the Official Gazette on December 13, postponed the strikes at the two Bekaert Çelik factories in Kocaeli for 60 days.

As justification, the strikes were shown to be “harmful to national security”; It was indicated that the decision was made in accordance with article 63 of the Law on Unions and Collective Bargaining No. 6356.

Serdaroğlu said: “The negotiations were held for 60 days. When we say the mediation period, no results could be obtained for 4 months and we reached the strike stage. There were protests and boycotts in the factories, but the bosses’ approach did not change and we finally posted the strike decision at the workplace,” he said.

Stating that they notified the employer of the strike decision a week in advance, Serdaroğlu stated that the employer requested the postponement of the strike and then the strike was postponed with the decision of the president.

“This is not a postponement, it is a ban. We did not recognize this decision because it is unconstitutional,” Serdaroğlu said, adding:

“The government is making it easy for the Belgian employer by postponing the strike instead of mediating and making amends for the workers’ losses. However, what the worker wants is not to be crushed by the cost of living that he feels.

In Izmit, a bagel went from 2 lira to 5-6 lira in a year. While everything was doubling or tripling, a 50 percent pay increase was being offered. The worker is opposed.

‘THE BELGIAN EMPLOYER GIVES 2.2 EUROS PER HOUR’

Reporting that the hourly wage of the workers working here is 44 TL, Serdaroğlu said: “This is equivalent to 2.2 euros. The hourly wage of workers in Belgium is 20-25 euros. In other words, we are trying to get a quarter or a fifth of their salaries, but the government is hindering us.”

‘THIS IS MANUFACTURING WIRE FOR TIRE FACTORIES, HOW CAN IT ENHANCE NATIONAL SECURITY?’

Serdaroğlu also reacted to the postponement of the strike because it was considered to “disturb national security”.

“This factory produces steel wire for tire factories. It produces the steel wire in the tire, so what does the disruption of national security have to do with ceasing production here?” Serdaroğlu said: “In recent years, we had a constitutional court decision that would create a hurdle against the phrase “disturbing national security by metal strikes”. If you declare that the strike is illegal, we will show you these documents,” he said.

WORKERS AT RISK OF FIRE WITHOUT COMPENSATION

According to Serdaroğlu, the employer conveyed a message to all the unionized workers who were on strike: “The strike you are conducting is illegal.

Speaking to Sozcu.com.tr, Murat Özveri, PhD lawyer in Labor Economics, stressed that this is possible, but even if workers do not go on strike, dismissal without compensation is a common method used by employers in Turkey.

‘POSPLAY OF THE REALLY ILLEGAL Strike’

“85 percent of laid off employees in Turkey really deserve compensation,” Özveri said. As soon as you touch the thread of the employer, they can always fire you with the slightest objection, even if it is a way of seeking rights for you.

Stating that what is really illegal is the decision to postpone the strike, Dr. Özveri made the following assessment:

“The postponement of the strike goes against article 11 of the European Convention on Human Rights and the convention on economic, social and cultural rights. The main theme that must be supported here is that, despite all the risks he faces, the worker defends a fundamental right such as the strike, even risking dismissal”.

HOW IS THE STRIKE DELAYED?

In accordance with the Collective Bargaining Agreement, the Strike and Lockout Act, if a legal strike or lockout that has been decided or initiated is detrimental to general health or national security, the strike may be postponed for 60 days per presidential decree.

However, according to the law, postponed strikes cannot be restarted after the 60-day postponement period.

If the parties cannot reach an agreement within the postponement period, the dispute is resolved by the Supreme Board of Arbitration (YHK). Therefore, the postponement of the strike means a de facto strike ban.

During the AKP period, 17 strikes were postponed for similar reasons. With the postponed strikes at Bekaert İzmit Çelik Kord Industry and Bekaert Kartepe Çelik Kord Industry, this number has reached 19.

Furthermore, the number of workers whose strikes were postponed during the AKP period is around 195 thousand.

PREFERRED STRIKE

Previously postponed strikes during the AKP period are as follows:

– 2003: Petlas AS (Oil Es)
– 2003: Şişecam (Crystal Business)
– 2004: Şişecam (Crystal Business)
– 2004: Prielli, Good Year, Brisa (Tyre Business)
– 2005: Erdemir Madencilik (T.Madenİş)
– 2014: Şişecam (Crystal Business)
– 2014: Çayırhan and Çöllolar Coal Process. (T. Mining Business)
– 2015: Collective Bargaining Agreement of the MESS Group (United Metal Is)
– 2017: Asil Çelik (United Metal Business)
– 2017: Emis Group (United Metallurgical Business)
– 2017: Akbank (Banksis)
– 2017: Şişecam (Crystal Business)
– 2017: Meraf İlaç (Oil Business)
– 2018: MESS Group (United Metal Is, Türk Metal, Çelik Is)
– 2018: Soda Kroman-Şişecam (Kristal İş)
– 2019: Izban (Railway Business)
– 2020: Soda Sanayi AŞ (Oil)