BAHÇEŞEHİR UNIVERSITY BİLGİ PAKETİ / DERS KATALOĞU
| LAW | |||||
| Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 | ||
Course Introduction and Application Information
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| LAW3112 | Labor Law II | Spring | 1 | 2 | 2 | 3 |
Basic information
| Language of instruction: | Turkish |
| Type of course: | Must Course |
| Course Level: | Bachelor’s Degree (First Cycle) |
| Mode of Delivery: | Face to face |
| Course Coordinator : | Assoc. Prof. FATMA BURCU SAVAŞ |
| Course Lecturer(s): |
Assoc. Prof. FATMA BURCU SAVAŞ Prof. Dr. AZİZ CAN TUNCAY |
| Recommended Optional Program Components: | None |
| Course Objectives: | Collective Labor Law is the continuation of the course of Individual Labor Law and the modern part of the Labor Law. The main objectives of the course are to examine the essence and the historical background of collective labor rights of employees and to analyze the concept of collective bargaining agreement and the peaceful and combative solutions of conflicts in Turkish Law especially according to the Act Nr. 6356 and Nr. 4688. |
Learning Outcomes
|
The students who have succeeded in this course; I. Defines the fundamental concepts of the Collective Labour Law such as employee, employer and representative of the employer. II. Examines the rights of labour union against the employers or employer associations and vice versa. III. Determines the methods of regulating the working conditions between social parties and their applications in practice. Evaluates the differences between the conflict of right and the conflict of interest. IV. Determines the types of collective bargaining agreement and analyzes the conditions of each type. V. Examines the collective rights of the workers and the right to strike. VI. Examines the collective rights of the employers and the right to lock-out. VII. Analyzes the public interest in finding peaceful solutions to the conflicts between social parties by applying the instruments of collective bargaining (strike/lock-out) according to the rule of parity of arms. VIII. Compares the comparative legal regulations and domestic legal regulations. |
Course Content
| 1. Week : Trade Unions: Concept and Historical Background, Definiton and Components, Concept of Collective Rights 2. Week : Trade Union and Employers Associations Membership: Conditions, Rights and Obligations, Assurances, Activities 3. Week : Right and Autonomy of Collective Bargaining, Definition, Content and Legal Essence 4. Week : Types of Collective Bargaining Agreements 5. Week : Competence and Authorization for Collective Bargaining, Denial of Authorization, Call for Collective Bargaining and Collective Bargaining Process 6. Week : Practical Course 7. Week : Provisions of Collective Bargaining Agreement and its Scope Based on Individuals 8. Week : Scope of Collective Bargaining Agreement Based on Location and Duration, Revisions, Applications, Invalidity and Cancellation of Collective Bargaining Agreement 9. Week : Mid-Term Exam 10. Week : Concept and Types of Collective Bargaining Conflict 11. Week : Concept of Mediation and Conciliation and Arbitration: Ordinary Mediation, Extra-Ordinary Mediation and Arbitration (Voluntary and Compulsory) and Critics of the System 12. Week : Strike: Problem of Equivalence of Strike and Lock-Out, Components and Consequences of Lawful Strike 13. Week : Lock-Out: Definition and Components of Lock-Out, Components and Consequences of Lawful Lock-Out 14. Week : Types and Consequences of Unlawful Strike and Lock-Out 15. Week : Termination of Lawful Strike and Lock-Out |
Weekly Detailed Course Contents
| Week | Subject | Related Preparation |
| 1) | Trade Unions: Concept and Historical Background, Definiton and Components, Concept of Collective Rights | |
| 2) | Trade Union and Employers Association Membership: Conditions, Rights and Obligations, Assurances, Activities | |
| 3) | Right and Autonomy of Collective Bargaining, Definition, Content and Legal Essence | |
| 4) | Types of Collective Bargaining Agreements | |
| 5) | Competence and Authorization for Collective Bargaining, Denial of Authorization, Call for Collective Bargaining and Collective Bargaining Process | |
| 6) | Practical Course | |
| 7) | Provisions of Collective Bargaining Agreement and its Scope Based on Individuals | |
| 8) | Scope of Collective Bargaining Agreement Based on Location and Duration, Revisions, Applications, Invalidity and Cancellation of Collective Bargaining Agreement | |
| 9) | Concept and Types of Collective Bargaining Conflict | |
| 10) | Concept of Mediation and Conciliation and Arbitration: Ordinary Mediation, Extra-Ordinary Mediation and Arbitration (Voluntary and Compulsory)and Critics of the System | |
| 11) | Strike: Problem of Equivalence of Strike and Lock-Out, Components and Consequences of Lawful Strike | |
| 12) | Lock-Out: Definition and Components of Lock-Out, Components and Consequences of Lawful Lock-Out | |
| 13) | Types and Consequences of Unlawful Strike and Lock-Out | |
| 14) | Termination of Lawful Strike and Lock-Out |
Sources
| Course Notes / Textbooks: | A. Can Tuncay / F. Burcu Savaş Kutsal / Yeliz Bozkurt Gümrükçüoğlu, Toplu İş Hukuku Beta Yayıncılık; Nuri Çelik / Nurşen Caniklioğlu / Talat Canbolat / Ercüment Özkaraca, İş Hukuku Dersleri, Beta Yayıncılık, Melda Sur, İş Hukuku Toplu İlişkiler, Turhan Yayıncılık; Ömer Ekmekçi, Toplu İş Hukuku, On İki Levha Yayıncılık |
| References: | Yargı kararları ve Şerhler |
Evaluation System
| Semester Requirements | Number of Activities | Level of Contribution |
| Midterms | 1 | % 40 |
| Final | 1 | % 60 |
| Total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 40 | |
| PERCENTAGE OF FINAL WORK | % 60 | |
| Total | % 100 | |
ECTS / Workload Table
| Activities | Number of Activities | Duration (Hours) | Workload |
| Course Hours | 16 | 3 | 48 |
| Application | 1 | 3 | 3 |
| Study Hours Out of Class | 15 | 2 | 30 |
| Midterms | 1 | 3 | 3 |
| Final | 1 | 3 | 3 |
| Total Workload | 87 | ||
Contribution of Learning Outcomes to Programme Outcomes
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions. | 4 |
| 2) | Have the knowledge of legal methodology and methods of comment. | 4 |
| 3) | Comment the modern legal gains with the historical knowledge. | 4 |
| 4) | Have the knowledge of philosophical currents of thought which are the bases of legal rules. | 4 |
| 5) | Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. | 5 |
| 6) | Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine. | 5 |
| 7) | Use at least one foreign language as scientific language. | 4 |
| 8) | Have the knowledge of the political and juridical foundation of the state. | 4 |
| 9) | Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development. | 4 |
| 10) | Have the ability to resolve the disagreements which can violate the social order in national or international level. | 4 |
| 11) | Have the ability to prevent the juridical disagreements between individuals. | 5 |
| 12) | Have the knowledge of international and comparative law systems. | 4 |
| 13) | Have the knowledge of the construction and the conduct of the national and international commercial relations. | 4 |
| 14) | Use Turkish in an efficient way both verbal and written. | 5 |
| 15) | Have the professional and ethical responsibility. | 4 |
| 16) | Have the knowledge on the European Union’s legislation and institutions. | 4 |
| 17) | Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. | 4 |
| 18) | Have the knowledge of the operation of the national and the international judicial bodies. | 5 |