a) The name of the Union is KÜLTÜR EMEKÇİLERİ SENDİKASI (Cultural Workers' Union), abbreviated as KÜLTÜR EMEK-SEN.
b) The headquarters of the Union is in Ankara. The Central Executive Board is authorised to change the address within the city.
c) Address of the Union: Kültür Mahallesi, İçel Sokak 3/8, Kızılay, Çankaya / ANKARA
Culture and Arts service sector. The Union operates throughout Turkey.
a) Starting from the premise that labour is the creator of all material and human values, the Union aims to improve the working and living conditions of employees and to protect and advance their democratic, social, political, legal and cultural personal rights and interests.
b) KÜLTÜR EMEK-SEN aims to establish a wage system commensurate with the labour of its members and all workers in workplaces within its field of activity — ensuring a life of human dignity — and to guarantee job security and social security for workers.
c) The Union aims to promote unity and solidarity among all its members regardless of language, race, colour, gender, political opinion, philosophical belief, religion, sect or occupation.
ç) The Union aims to fight against pressure and exploitation directed at its members and workers.
d) The Union aims for our culture to take its rightful place within universal culture. It aims to develop union initiatives that will protect ecological balance and the historical and cultural environment and ensure they are not damaged in production processes.
e) The Union aims for culture and arts services to be free of charge for all workers.
f) The Union aims to democratise the laws and regulations relating to the service sector; to ensure that culture workers have a say and decision-making power at every level regarding all practices related to all units in the sector, from planning to implementation and auditing.
g) The Union aims to defend peace against war in the world and in the country; to fight against racist, chauvinist, assimilationist, sexist and excluding cultural policies.
h) The Union aims to implement the "Right to Organise" arising from the Universal Declaration of Human Rights, the European Convention on Human Rights and other international agreements; to ensure all rights and freedoms are exercised within democratic standards; and to work jointly with democratic mass organisations and unions for the removal of bans on freedom of thought and organisation.
I) The Union accepts 8 March as International Women Workers' Day. It aims to solve problems arising from being a woman for female workers, to remove obstacles to their social and professional development, and to ensure their active participation in trade union activities. It aims to take a stance against gender discrimination and to change living and working conditions arising from gender discrimination.
i) The Union aims to ensure that elderly, sick, disabled and newly entering members are specially protected and supported by their employers at the workplace; and to implement the principle that "No qualifications other than those required by the job shall be sought" in hiring and promotion.
j) The Union aims to remove obstacles to strikes — the guarantee of collective agreements — and to establish and develop a democratic and free union life.
a) The Union fights on an actual and legitimate basis in line with the rights and interests of all working sections, against all kinds of obstacles and regulations that prohibit and restrict rights and freedoms.
b) Decisions taken in union bodies are made through processes of discussion, criticism, persuasion and self-criticism based on the principle of democratic centralism. While retaining the right to criticism, lower bodies comply with the decisions of higher bodies.
c) The Union adopts a form of organisation based on intra-organisational democracy.
ç) The Union advocates class-based trade unionism.
d) The Union is organisationally independent from capital, the state, and political parties and organisations.
e) The Union fulfils the requirements of class solidarity. For this purpose, it unites forces and actions with workers' unions at the national and international level.
f) The administrative and financial audits of the Union are open to all members.
a) The Union is authorised to participate in, conclude and be a party to collective agreements on behalf of its members; in case of dispute, it exercises rights arising from international agreements.
b) The Union opposes discrimination based on language, religion, race, culture and gender. It respects the freedom of thought and belief of its members. It defends their right to engage in politics and fights for the development and establishment of human rights, fundamental freedoms and democracy.
c) The Union opposes discrimination based on language, religion, race, culture and gender. It advocates service in the mother tongue in all public spheres, especially in culture and arts services.
ç) The Union conducts collective bargaining with the employer on behalf of its members, and applies to relevant authorities and judicial bodies in cases of collective bargaining disputes.
d) In disputes arising from collective agreements and conflicts between members and the administration, the Union represents them before administrative and judicial bodies at all levels, files lawsuits and becomes a party in lawsuits filed for this reason.
e) The Union provides solidarity assistance to members who suffer as a result of trade union activities, in the manner to be determined in the regulations.
f) The Union organises conferences, panels, outdoor events, indoor meetings, celebrations, festivals, concerts and similar activities to inform the public about the economic, political, cultural and social problems of workers and issues related to trade union activities.
g) The Union may become a member of international trade union organisations. It may send or receive delegates, representatives and observers. It may engage in publications and exchange of ideas.
h) The Union publishes periodical and non-periodical publications in the name of the Union.
ı) The Union works to improve the care, education and health conditions of its members and their family members. It provides KÜLTÜR EMEK-SEN scholarships for the benefit of members and their families; establishes and manages health, recreation, sports, education and cultural facilities, libraries, nurseries, kindergartens, dormitories and mutual aid funds.
i) The Union works to ensure a fair arrangement regarding assignment, transfer, evaluation, promotion and participation in decisions affecting its members. It advocates the democratisation of the content and management of culture and arts, freedom of expression, and the democratic election of managers at all levels for fixed terms. It fights against precarious employment of culture and arts workers.
J) In line with the objectives of our statute, our union receives aid, donations and grants from institutions or organisations.
PART TWO — MEMBERSHIPWorkers employed in the Culture and Arts service sector may become members of KÜLTÜR EMEKÇİLERİ SENDİKASI. Those wishing to become members must complete and sign at least three copies of the application form and submit them to the union headquarters, branch or representations for acceptance by the authorised body. One copy is given to the applicant. Rejected applications are notified to the applicant with reasons. Membership applications not rejected within one month are deemed accepted. The central executive board retains one copy of the application form in the membership file; sends one copy to the member; and one copy to the employer to be kept as the basis for membership dues.
If a membership application is not rejected within thirty (30) days, it is deemed accepted. A rejected applicant has the right to file a lawsuit within thirty (30) days from notification at the competent local labour court. The amount of membership dues is five per thousand of the member's total gross income subject to stamp tax. The manner of collection, storage and use of dues is regulated by the financial regulations.
Members agree to comply with the statute and regulations accepted by general assemblies. In the event of termination of employment due to trade union activities, membership rights continue until the judicial process is completed.
Those transferred from the organisational area of one branch to another must apply to the new branch within 15 days of starting work and request transfer of their membership. The former branch sends the membership form to the new branch and notifies the General Headquarters. If the member does not apply, the relevant branches carry out this process on their own. Those transferred voluntarily lose their positions in former branch bodies. Those transferred involuntarily by the employer retain their membership and body positions until the end of the period for filing an administrative lawsuit, or, if a lawsuit has been filed, until the conclusion of the lawsuit.
Withdrawal is effected by completing and submitting the withdrawal form in three (3) copies to the institution where one works. The institution sends one (1) copy to the General Headquarters of the union. Withdrawal takes effect thirty (30) days after the withdrawal document is signed.
a) In cases of violations acting contrary to the union statute, a member's membership is suspended until the first general assembly by a 2/3 majority of the central executive board, upon decision of the union branch or central disciplinary board. Expulsion is submitted for approval by the general assembly. The membership of a member entering military service or taking unpaid leave is suspended until they return to duty.
b) A member suspended by the Central Executive Board upon a Disciplinary Board decision shall be temporarily or permanently expelled by an absolute majority of delegates attending the Central General Assembly. The expulsion decision is notified in writing to the expelled person and the employer. The member may appeal to the competent court within fifteen (15) days. Membership continues until the expulsion decision becomes final.
Grounds for expulsion include: c) Acting contrary to the objectives of the Union; ç) Acting contrary to the statute, regulations and decisions of management bodies; d) Using the Union for personal interests; e) Making unfounded reports, complaints or defamatory statements about union managers; f) Disclosing union secrets or engaging in acts that endanger the union's future; g) Engaging in gossip and mobbing among union managers or members.
h) The specific situations constituting grounds for expulsion and the disciplinary investigation procedures are regulated by a Regulation issued by the Central Executive Board.
Membership ends upon separation from public service, change of service sector, retirement or death. Retirees retain their positions in union branch, general headquarters or confederation bodies until the end of the period for which they were elected. However, the membership of those whose employment is terminated by the employer continues until the final conclusion of a lawsuit for the annulment of this action.
PART THREE — UNION BODIES AND THEIR DUTIESA – Mandatory Bodies: Central General Assembly · Central Executive Board · Central Audit Board · Central Disciplinary Board · Branch General Assembly · Branch Executive Board · Branch Audit Board · Branch Disciplinary Board.
B – Advisory Bodies: Council of Branch Managements · Council of Provincial Representatives · Council of Branch Workplace Representatives.
a) Determining Delegates: If union membership exceeds one thousand (1,000), the general assembly is held with delegates. The central general assembly consists of two hundred and fifty (250) delegates including the mandatory delegates specified in Law No. 4688. The total number of members is divided by the number of delegates to determine how many members one delegate represents. Delegate status continues until the next general assembly delegate election.
b) Meeting Time: The Ordinary General Assembly meets every three (3) years at the headquarters location, at the venue, date, time and agenda determined by the executive board. If quorum is not reached at the first meeting, the second meeting takes place within fifteen (15) days. The quorum is an absolute majority of the total number of members or delegates; not required at the second meeting.
c) Meeting Notice: Given in writing by the central executive board fifteen (15) days in advance. The activity and financial report, Audit Board report, and proposed budget for the next period are sent to delegates together with the invitation.
ç) Working Procedure: Roll call is taken by an Executive Board member. If quorum is present, the general assembly is opened by the union president or a designated board member. A chairman and at least two executive council members are elected to manage the assembly by open vote. Non-delegates cannot vote, speak on agenda items or make proposals. At general assemblies, the pre-set agenda cannot be deviated from. Adding items to the agenda requires a written request from 1/10 of attending delegates. Decisions are taken by an absolute majority of attending delegates, which cannot be less than a quarter of the total number of members or delegates.
d) Election Principles: Candidate lists are prepared by the presidential council according to the method determined by an absolute majority of delegates. Votes are cast after identity verification by national identity card and photo identity card, and after signing against one's name on the list. Each delegate has one non-transferable vote. The quorum for decisions is an absolute majority of attending delegates.
An extraordinary general assembly may be convened within sixty (60) days upon the invitation of the central executive board, when deemed necessary by the central executive board or audit board, or upon the written request of 1/5 of general assembly delegates. The invitation, procedure and working principles are the same as for the ordinary general assembly. Off-agenda matters cannot be discussed and agenda proposals cannot be made.
The Central General Assembly is the supreme authority of the union. Its main duties and authorities are:
A decision for the union to join or withdraw from a confederation is taken by an absolute majority of the total number of General Assembly delegates.
The union may join or withdraw from an international organisation in line with its objectives by decision of an absolute majority of the total number of General Headquarters general assembly delegates.
The Central Executive Board is the most authoritative decision-making and executive body after the central general assembly. It consists of at least three (3) principal members elected from among members by free, equal and secret ballot with open counting and tabulation. Alternate members equal in number to the principal members are elected.
The duty and authority to represent the union on behalf of the executive board is exercised by the General President. The board's duties include:
The executive board meets at least once every 15 days, chaired by the General President or, in their absence, the General Secretary or General Organising Secretary. The quorum is an absolute majority of the total number of executive board members; decisions are taken by an absolute majority of present members. In the event of a tie, the chairman's side prevails. If total membership falls below half after alternates are brought in, the general assembly is convened within one month. The Central Executive Board distributes duties within 7 days of election results being finalised: General President, General Secretary, General Organising Secretary, General Education/Press/Publication/Public Relations Secretary, General Financial Secretary, General Legal and Collective Bargaining Secretary, and General Women's Secretary — positions undertaken by four persons.
a) Represents the union's legal personality domestically and abroad; chairs the council of provincial representatives and council of branch managers. b) Closely monitors work carried out by other board members. c) Holds authority for press conferences and public statements. ç) Signs all accounting and asset documents with the financial secretary; authorised to open bank accounts and withdraw funds. d) Obliged to bring the Central Audit Board report to the first board meeting. e) Authorised to make expenditures up to the gross minimum wage without prior board decision in urgent cases; presents these to the board for approval. f) Owner of the union's publication organ. g) Supervisor of all offices, authorised to inspect; takes all necessary measures for coordination. h) Distributes duties among board members.
a) Conducts all union correspondence; collects publications, research and statistics; prepares information for collective bargaining. b) Responsible for implementation of regulations regarding union personnel. c) Prepares and submits the Executive Board agenda. ç) Carries out decisions and duties of the general president and union bodies. d) Acts as deputy for the General President in their absence.
a) Responsible for conducting the union's accounting in accordance with laws, statute and regulations; ensuring implementation of period budgets. b) Submits balance sheets, income-expenditure statements and financial reports to the Central Executive Board. c) Ensures collection of union revenues; that expenditures are made according to budget principles; that accounting records are properly maintained. ç) Ensures timely payment of taxes, salaries and insurance premiums. d) Ensures timely sending of expenditure advances to branches and oversees expenditures. e) Ensures proper maintenance of documents relating to movable and immovable assets and fixture records. f) Ensures union assets and vehicles are insured and policies renewed on time. g) Ensures money is withdrawn from banks with dual signature together with the General President or a board member. h) Prepares balance sheets and estimated budgets for general assemblies. ı) Without the knowledge of the executive board, not to keep more than a specified limit in the union treasury. i) Deposits union revenues into designated banks within 10 days of receipt. j) Ensures union accounts are kept ready for audit. k) Sends the financial balance sheet to branches every three months.
a) Services related to organising are attached to the organising secretary. b) Monitors trade union activities of branches and submits reports to the Central Executive Board. c) Ensures processing of membership registrations and resignations; organises the membership archive; sends membership cards to relevant institutions within 15 days. ç) Examines the regulation of activity areas of branches and provincial representations and prepares reports for the executive board. d) Assists in the timely and proper conduct of delegate elections and branch congresses. e) Ensures organisation in workplaces where the union is not yet organised.
a) Services related to education are attached to the education secretary. b) Prepares education programmes for workplaces, provinces, branches and headquarters and submits them for board approval. c) Makes proposals for budget allocations for educational activities. ç) Plans and conducts education programmes and seminars; ensures publication of educational materials. d) Makes proposals for budget allocations for press and publication activities. e) Monitors trade union activities related to the secretariat of branches and provincial representations. f) Creates an archive of union publications.
a) Ensures the formation and internal organisation of the Central Women's Commission. b) Submits the budget for women's activities to the Central Executive Board. c) Organises specific women's education programmes. ç) Ensures communication with other unions and democratic mass organisations; works on forming platforms for women's struggle. d) Determines the specific needs of women; identifies sexist policies and develops solution proposals; works to integrate gender equality policies into trade union policies. e) Ensures formation of commissions and departments for women's activities. f) Prepares press and publication materials for women's education and struggle.
a) Takes the necessary action regarding the legal problems of the union and its members. b) Carries out all work in line with Law No. 4688 regarding collective bargaining. c) Collects views and proposals from workplace representatives regarding Collective Agreements. ç) Collects and compiles all kinds of information, publications, statistics and documents needed for Collective Agreements. d) Monitors and resolves complaints and disputes from members relating to collective agreements and current legislation. e) Carries out all kinds of work related to personal rights. f) Assists the General Secretary in the preparation of regulations. g) Works to develop human rights awareness and sensitivity.
a) The Audit Board consists of three (3) principal members elected from among members by free, equal and secret ballot with open counting and tabulation. Alternate members equal in number to the principal members are elected. Term of office is three years. Principal members elect a chairman and rapporteur at their first meeting. The quorum is an absolute majority of total members; decisions by absolute majority of present members. The board meets at the union headquarters every four months to audit the central executive board and provide an interim report. At least two members must be present for auditing to take place. Auditors conduct audits at the union headquarters and cannot remove documents from the headquarters.
b) The Audit Board conducts administrative and financial audits in accordance with the union statute. It submits its interim report within seven (7) days and submits the end-of-term activity report to the general assembly. It audits whether the activities of the executive board are conducted in accordance with the general assembly. Upon the invitation of the central executive board, it also audits branches and provincial representations.
c) If the Audit Board detects irregularity or fraud, it notifies the central executive board with a report. If necessary, it may request the temporary removal from duty of those responsible. If the central executive board does not accept this request, the Audit Board may request that the general assembly be called to an extraordinary meeting. The general assembly decides on the reinstatement or expulsion of those removed. Retirement deductions continue to be paid to the T.C. Retirement Fund until the general assembly decision.
The Disciplinary Board consists of at least two (2) principal members elected from among members by free, equal and secret ballot. Alternate members equal in number to the principal members are elected. Principal members elect a chairman and rapporteur at their first meeting. At least two (2) members must come together to convene. Decisions are by majority vote; in case of a tie, the chairman's side prevails.
The board convenes within seven (7) days upon decision and invitation of the executive board. It examines accusations within five (5) days and requests the member's written defence. The member submits their defence within seven (7) days; otherwise they are deemed to have waived this right. The board issues its decision within thirty (30) days. The board may expand the investigation and appoint an investigator, who completes their work within fifteen (15) days.
PART FOUR — BRANCHES AND THEIR BODIESa) Determining Delegates: The branch general assembly is held with 125 delegates if branch membership is between 500 and 1,000; with 250 delegates if 1,001 or more. Delegates are determined by elections held at workplaces at least fifteen (15) days before the branch general assembly, by equal and secret ballot with open counting. The branch executive board is responsible for the conduct of these processes.
b) Meeting Time: The branch ordinary general assembly meets every three (3) years, having obtained the opinion of the union central executive board and at least two months before the union central general assembly, at the venue, date, time and agenda determined by the branch executive board. A second meeting, if required, takes place within fifteen (15) days.
c) Meeting Notice: The principles and procedures of central general assembly meeting notices apply.
ç) Working Procedure: The principles and procedures of the union central general assembly apply.
d) Election Principles: The election principles of the central general assembly apply.
The procedures and principles of the central extraordinary general assembly apply.
Election of bodies; discussion and discharge of executive and audit board reports; election of delegates to the central general assembly; carrying out other matters required by legislation or the union statute; and deciding on matters not within the area of duty of any body.
It consists of at least three (3) principal members elected from among members by the branch general assembly on the basis of free, equal and secret ballot. Alternate members equal in number to the principal members are elected.
The branch executive board meets at least once every 15 days. The quorum is an absolute majority of the total number of branch executive board members; decisions by absolute majority of present members. A member who fails to attend three consecutive ordinary meetings without submitting a valid written excuse is deemed to have resigned. If total membership falls below half after alternates are brought in, the branch general assembly is convened within one month. The branch executive board convenes within five (5) days after election results are finalised to distribute duties and elect: president, administrative secretary, financial secretary, organising secretary, education secretary, press/publication/public relations secretary, and social and external relations secretary.
Represents the branch; chairs the branch workplace representatives' council; supervises all branch offices; holds authority for press conferences and public statements; signs all correspondence with the administrative secretary and all accounting documents with the financial secretary; brings the Audit Board report to the first board meeting; may make expenditures up to a specified limit without a board decision when necessary.
Conducts all branch correspondence; collects publications, research and statistics; is responsible for regulations regarding branch personnel; prepares the Branch Executive Board agenda; carries out decisions of the branch president and branch bodies; acts as deputy for the branch president in their absence.
Conducts the branch's accounting in accordance with laws, statute and regulations; submits monthly financial reports to the branch executive board; ensures collection of branch revenues and proper budget implementation; ensures timely payment of taxes and insurance premiums; maintains proper records of movable and immovable assets; deposits branch revenues into designated banks within 10 days of receipt.
Processes membership registrations and resignations; organises the branch membership archive; ensures delegate elections and workplace representative elections are held in accordance with the statute; prepares and distributes publications on the benefits of organising.
Prepares education programmes and submits them for board approval; organises education seminars and maintains statistics; ensures publication of union materials; manages communication with national and international media; creates an archive of union publications.
Takes the necessary action regarding the legal problems of the union and members; monitors legislation; carries out activities that develop all kinds of economic, democratic and social rights of members; prepares contract drafts in accordance with the union's programme; monitors authorisation processes at the workplace.
Makes proposals to the executive board on social activities and activities to end gender discrimination; ensures communication and cooperation with women's secretariats of trade union organisations; acts in coordination with the administrative secretary.
The Branch Audit Board consists of three (3) principal members elected from among members by free, equal and secret ballot. Term of office is three years. The board meets every three months to audit the branch executive board and provide an interim report. Auditors conduct their audits at the branch office and cannot remove documents from the branch office. If the Branch Audit Board detects irregularity or fraud, it notifies the branch executive board and central executive board with a report. The general headquarters general assembly decides on reinstatement or expulsion of those removed from duty.
The establishment, working procedures and principles of the central disciplinary board also apply to the branch disciplinary board.
The Council of Workplace Representatives consists of representatives elected from workplaces within the branch boundaries, meets under the chairmanship of the branch president and upon the invitation of the branch executive board. It makes advisory decisions.
Regulated in accordance with regulation provisions to be issued by the Ministry of Finance, the Ministry of Labour and Social Security and the Presidency of the State Personnel Department pursuant to Article 41 of Law No. 4688 on Public Servants.
Amendments to the union's main statute are made by a two-thirds vote of the number of general assembly delegates. The number of members attending cannot be less than twice the total number of members of the executive and audit boards. Each article must be approved by an absolute majority of the total number of General Assembly delegates.
The ordinary and extraordinary general assembly may decide on the dissolution of the union. The dissolution decision can be taken by a two-thirds (2/3) vote of the number of general assembly delegates. In the event of dissolution, the relevant articles of the relevant law apply.
Union representatives are determined by election held at the workplace by the branch executive board, in order to convey members' problems to relevant parties and to ensure communication between the union and the employer. Members can only be representatives where they work. A union representative continues until the end of the term but may be removed if there is a disciplinary board decision against them or upon application of an absolute majority of union members at the workplace.
Union revenues are collected in accounts opened in banks determined by the central executive board at headquarters, and by the branch executive board at branches. To cover mandatory expenditures, an amount up to ten times the net monthly salary of a first-grade culture worker may be kept in the union safe. Union dues are deducted by the employer from members' monthly payrolls. The monthly dues amount is five per thousand of the net total of salary, base salary, seniority salary, all supplements and allowances payable to a civil servant at the first step of the 15th grade. The authority to determine the monthly dues amount belongs to the general assembly.
In the event of dissolution, if the union's assets have not been left to an organisation of the same nature pursuant to Law No. 4688, they are transferred to the confederation of which it is a member, if any. Money and property remaining after liquidation cannot be transferred to any natural or legal person other than those specified. They cannot be distributed among members. If the transfer is not accepted by the confederation, or if the dissolved union is not a confederation member, or if the union and confederations are closed by court order, money and property are transferred to the treasury. Fixtures are written off by commission report and executive board decision. Movable fixture purchases are made by the central executive board; immovable fixture purchases are made by authorising headquarters by general assembly decision.
Those elected to union bodies who are decided by the General Assembly to leave their job and work as professional managers, and whose salaries are not paid by the employer, receive from the union their salary and other personal rights — not exceeding the total to which their position and grade entitles them — during their term of office.
Managers serving at General Headquarters, branches, provincial and district representations must declare their own, their spouses', their children's and their dependants' movable and immovable assets in a written declaration submitted within three months of election in each term. Asset declarations are kept by the Central Audit Board. If a suspicious increase is detected, the Central Audit Board carries out the necessary examination. Depending on the result, it may request the Central Disciplinary Board to apply disciplinary provisions.
The "Union Central Executive Board" is authorised to make mandatory changes to the statute upon legal necessity and at the request of the competent authority, as well as to correct spelling, grammar and adaptation errors.
KÜLTÜR EMEK-SEN FOUNDING BOARD
Yavuz DEMİRKAYA
Asım ÜNER
Sami KAYA
Keziban BÖLEK
V. Bora KILINÇ
H. İbrahim KOCAMANOĞLU
Yıldız GÜLBUDAK