The Mandatory Presence of a Union Representative in Bank Promotion Agreements

THE REQUIREMENT FOR A UNION REPRESENTATIVE IN BANK PROMOTION AGREEMENTS

1. Introduction

The payment of public employees' salaries through banks brings with it protocols with the banks concerned and promotion payments. Since these payments directly concern employees' financial rights, the process must be conducted transparently and in accordance with the employees' will. Within this framework, in promotion agreements "the presence of a union representative on the committees is a legal requirement."

2. Legal Bases

a) Law No. 4688 on Public Servants' Trade Unions and Collective Agreement: this Law assigns unions the duty of protecting and advancing their members' economic and social rights. Since promotion payments relate directly to salaries, the unions' participation in the process is mandatory.

• —chaired by the spending authority
• —"if at least 10% of the employees in the unit concerned are union members, a representative of the authorised union"
• —one member designated by a superior

Accordingly, in institutions with unionised staff, "bank promotion agreements concluded without a union representative are unlawful."

c) Decree-Law No. 375 (Supplementary Article 24): it is stipulated that promotion payments are to be made directly to staff. Decisions taken without the union representing the employees' will therefore become of questionable validity.

3. Court Decisions

• —Ankara 9th Administrative Court, E:2010/559, K:2011/1335 (23.08.2011): in a case brought after no union representative was included on the committee in a promotion tender at the Ankara University Faculty of Dentistry, the court "annulled the transaction on the ground of contravention of Circular No. 2007/21."

• —Sivas Administrative Court decision: an annulment was ordered on the ground that the promotion protocol violated the maximum-duration condition in the Circular. This too shows that "promotion agreements are subject to judicial review and may be annulled where they contravene the legislation."

These decisions clearly establish that the absence of a union representative in promotion agreements is not merely a procedural deficiency but a ground for annulment.

4. Conclusion

When Law No. 4688, Prime Ministry Circular No. 2007/21 and the court decisions are considered together: "Bank promotion agreements concluded without a union representative are unlawful." Where employees or unions lodge complaints, the annulment of such agreements is possible. Promotion protocol processes in public institutions must therefore be conducted with the participation of authorised union representatives.

This opinion was prepared by the Culture Workers' Union. 2024