State Council Decision in Favour of Tekel Workers

Subsequent to the decision of the State Council, Tekel workers pull up stakes in Ankara. Protest actions of the workers are going to continue.

Time was up

The government had terminated the service contracts of the employees of the closed Tekel leaf tobacco factory and warehouse workers on 31 January and proposed to employ them as "temporary personnel" in the scope of the Civil Servants Act. Upon the decision of the Council of Ministers the workers were allowed a 30-day period to make an according application. However, the State Council decided on Monday (1 March) that the one month duration given to Tekel workers for their applications was contrary to the law.  Otherwise, the 30-day period would have expired yesterday (2 March) and thus the workers who did not apply within the time limit would have lost their rights. Moreover, Prime Minister Recep Tayyip Erdoğan had pronounced to intervene against the workers who were continuing their resistance in Ankara by the end of the given period of time. In a press conference held on Tuesday (2 March) in Ankara, Tobacco, Alcoholic Beverages and Food Subsidiary Workers Union of Turkey (Tek Gıda-İş) President Mustafa Türkel called the government to abolish the application of the 4C regulations within one month.

The 4C regulation would deprive the workers from their right to collective agreement and to strike. 4C furthermore includes a cut of salaries and severance pay without job guarantee. About 8,000 Tekel workers struggle for the protection of their personal employees rights and demand to be transferred to public enterprises in the scope of the Labour Act.

The government on the other hand insists on 4C and has improved the regulation's conditions, that is to say a raise in wages, extending the duration of employment to eleven months, 22 days of leave and severance pay.

Türkel announced a meeting of 1,000 people in front of the Türk-İş (Turkish Confederation of Labour Unions) building in Ankara on 1 April. He is going to publish a schedule of protest actions on the following day.

The struggle continues

TekGıda-İş president Türkel warned the prime minister, "The ruling party should make good use out of this time. We will not let you go on comfortably. Tekel workers will be in every meeting to be held by the prime minister and members of the ruling party. We will not stop struggling until the monstrous working conditions of 4C have been lifted".

Türkel declared to use all effective means for their struggle, including the possibility for a general protest action as agreed on by the four union confederations on 26 May.

Türkel commented on the State Council's decision to cancel the imposed time limit of 30 days: "It is good to experience justice. I want to thank the judiciary for this decision. The government is apparently applying pressure to the judiciary. All sorts of injustice towards the judiciary is another reason for us to struggle", Türkel said.

Lawyer Gökhan Candoğan had filed a lawsuit against the 30-day period of time imposed by the government. He said that the Tekel workers gained time with the State Council's decision and that the government's pressure has been lifted.

Candoğan told bianet that the workers obtained the freedom to apply to work under the 4C status whenever they want.

4C decision pending

Candoğan mentioned that after the State Council's decision, they are now awaiting the decision of the case regarding the cancellation of the 4C regulation.

"The government has the right to appeal to the decision regarding the time limit. However, it would be most appropriate to sit down with the TekGıda-İş union and reach a compromise. In the meantime, it would be the best to refrain from any further regulations". (TK/VK)