The Turkish Constitutional Court’s (“Constitutional Court”) decision dated 20 March 2025, published in the Official Gazette dated 22 September 2025 and numbered 33025, contains important assessments regarding determination of out-of-scope employees in collective bargaining agreements (“CBA”).
The applicant, who worked as a chief accountant, was a member of Türkiye Maden-İş Union, being the authorised union at the workplace that signed two CBAs with three-year intervals. Asserting that she has been excluded from the scope of the CBA solely on the grounds for being a white-collar employee, the applicant filed a lawsuit claiming employment-related receivables including wage increases granted to unionized employees, which were claimed to have long been applied to out-of-scope employees, but were discontinued as of 2007.
The first-instance court dismissed the case on the grounds that the applicant, being an out-of-scope employee, could not benefit from the wage increases of the CBA, and this situation did not constitute a breach of the employer’s duty of equal treatment. Upon the applicant’s appeal, the Samsun Regional Court of Appeal overturned the decision on the grounds that if it was determined that another out-of-scope employee had benefited from the wage increases without an objective justification, the claim should be upheld. However, upon retrial, the court of first instance found that none of the out-of-scope employees had received such increase and again dismissed the case. The regional court upheld this ruling, following which the applicant filed an individual application with the Constitutional Court.
The Constitutional Court examined whether the situation constituted a violation of the constitutional right to unionization. Referring to national and international legal regulations and the case law of the European Court of Human Rights, the Constitutional Court underlined that everyone has the right to conclude and benefit from a CBA, and that pursuant to Article 39 of the Law No. 6356 on Unions and Collective Bargaining Agreements, only “employer’s representatives” and “those who participate in collective bargaining negotiations on behalf of the employer” are excluded from this right.
In its assessment, the Constitutional Court also emphasized that the Turkish Court of Appeals had previously found no normative basis for a distinction between white-collar and blue-collar employees in determining eligibility to benefit from a CBA. Referring to a 2024 decision of the Court of Appeals, the Constitutional Court highlighted that, in assessing whether an employee may benefit from a CBA, factors such as the nature of the employee’s duties, corresponding responsibilities, remuneration, and whether the employee holds a managerial position within the organisational structure should be carefully examined. The Constitutional Court further stated that applying these criteria as restrictive measures, beyond those expressly provided by law – namely, being an “employer’s representative” or “participating in collective bargaining negotiations on behalf of the employer” – would constitute a violation of the right to unionization.
Consequently, the Constitutional Court held that excluding the applicant from the scope of the CBA solely on the grounds of being a white-collar employee constituted a violation of the right to unionization and awarded the applicant compensation for non-pecuniary damages.
This decision of the Constitutional Court stands out as an important precedent that will prompt re-evaluation of the definitions of “out-of-scope employees” both in current and future CBAs.
Share
Related persons
You can contact us for detailed information.


Legal Information
This briefing is for information purposes; it is not legal advice. If you have questions, please call us. All rights reserved.
You May Be Interested In
19 February 2026
Turkish Competition Law Newsletter – 2026 Winter Issue
Welcome to the 2026 Winter edition of the Paksoy Turkish Competition Law Newsletter series.
17 February 2026
The Constitutional Court Confirmed the Competition Authority’s Power to Conduct On-Site Inspections
The Constitutional Court decision dated 6 November 2025 and numbered E. 2023/174, K. 2025/224 (“Constitutional Court Decision”), published…
17 February 2026
Türkiye’s Digital Copyright Bill under parliamentary review: key takeaways for digital platforms and rightsholders
On 10 December 2025, the Digital Copyright Bill (“Bill”) was submitted to the Presidency of the Turkish Parliament.
11 February 2026
New Merger Control Regulation From The Turkish Competition Board: Increased Turnover Thresholds And Special Regulation For Technology Undertakings
With the Communiqué Amending the Communiqué on Mergers and Acquisitions Requiring the Approval of the Competition Board (Communiqué No:…
6 February 2026
Legal Developments Regarding the Cultivation of Cannabis and Cannabis Products
The Regulation on Cannabis Cultivation and Control (“Regulation on Cannabis Cultivation”) and the Regulation on Products Derived from…
30 January 2026
Recent developments in Turkish data protection law
The end of 2025 and the beginning of 2026 have seen notable developments in Turkish data protection law, particularly regarding personal…
