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
21 October 2025
Promotion of Medicinal Products for Human Use
Promotional activities for medicinal products for human use in Turkey are primarily governed by the Law on Pharmaceutical and Medical…
16 October 2025
Internal Investigations: Practical Insights
Internal investigations are fact-finding processes initiated when there is a suspicion that activities contrary to applicable laws,…
7 October 2025
Turkish Data Protection Authority eases registration requirements for organisations processing sensitive data
In Decision No. 2025/1572 dated 4 September 2025, the Turkish Data Protection Authority introduced an exemption for data controllers…
6 October 2025
New Communiqué on the Right of Access to the File has been Published
With the Communiqué Amending the Communiqué (Communiqué No: 2010/3) on the Regulation of the Right of Access to the File and Protection of…
3 September 2025
A Milestone for Eurasian Connectivity: The Middle Corridor’s Strategic Emergence and Türkiye’s Geopolitical Role
The launch of the first direct freight train service from China to Europe via the Trans-Caspian International Transport Route (TITR),…
28 July 2025
Recent Changes in Mining, Renewable Energy and Electricity Legislation
Law No. 7554 on Amendments to Certain Laws, which introduces changes to many fundamental pieces of legislation applicable to the energy…
