The Mandatory Presence of a Union Representative in Bank Promotion Agreements

THE MANDATORY PRESENCE OF A UNION REPRESENTATIVE IN BANK PROMOTION AGREEMENTS

1. Introduction

The payment of salaries to employees of public institutions and organizations through banks brings to the fore the protocols to be concluded with the relevant banks and the resulting promotion payments. Since these payments directly concern the financial rights of employees, it is essential that the process be conducted transparently and in accordance with the employees' own will. Within this framework, "the inclusion of a union representative on commissions for promotion agreements is a legal requirement."

2. Legal Bases

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

• —Chaired by the authorizing official
• —"If at least 10% of the employees in the relevant unit are union members, one representative from the authorized union"
• —One member designated by a senior supervisor

Accordingly, "bank promotion agreements concluded without a union representative at institutions with unionized personnel are unlawful."

c) Decree Law No. 375 (Supplementary Article 24): It is stipulated that promotion payments shall be made directly to personnel. For this reason, the validity of decisions taken without the union — which represents the will of employees — becomes a matter of dispute.

3. Judicial Decisions

• —Ankara 9th Administrative Court, Case No. E:2010/559, Decision No. K:2011/1335 (23.08.2011): In a case filed over the failure to include a union representative on the commission in a promotion tender at Ankara University Faculty of Dentistry, the court "ruled to annul the transaction on the grounds that it violated Circular No. 2007/21."

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

4. Conclusion

Considered together, Law No. 4688, Prime Ministry Circular No. 2007/21, and judicial decisions confirm that: "Bank promotion agreements concluded without a union representative are unlawful." Should they be challenged by employees or unions, annulment of such agreements is possible.

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