Freedom of association, the principle of equality and the prohibition of discrimination are guaranteed in Turkish laws and the constitution. Who wishes can become a member of any union, check status of the membership or leave from the membership at any time as free of charge through the e-government system under the control of the Ministry.

All these transactions can be done online with the password given to the person by the government. Union membership is private information and is not known to the employer. It is both technically and legally impossible for employers to have a positive or negative impact on this process.The legal regulation on employment security in Turkey entered into force on March 15, 2003. With this regulation added to the Labor Law, which already contains rules in favor of the worker, the employer who dismisses the worker has to prove the reason for this with documents. Since the law was enacted, most of the lawsuits filed within the scope of employment security are concluded against to the employers.

As a result of the lawsuits filed by the workers who were dismissed due to indiscipline, a decision was made to reemploy the workers and to pay compensation to the workers if they were not hired. As there is an elective right of employer according to law; Posco Assan TST chose to pay all of the compensations included in the court decision when the court decisions became final. The guarantee of freedom of union is regulated in article 25th of the Law on Trade Unions and Collective Bargaining No. 6356. According to the article, “Recruitment of workers; it cannot be made conditional on joining or not joining a certain union, continuing or resign from a certain union, or being or not being a member of any union.

The employer cannot make any distinction between workers who are members of a union and workers who are not members of a union or workers who are members of different unions in terms of working conditions or termination of employment. The provisions of the collective bargaining agreement are reserved for wages, bonuses, premiums and social assistance related to money.

Workers cannot be dismissed or subjected to different treatment because they are members of an union or not, participate in the activities of workers' organizations or engage in union activities outside of working hours or during working hours with the employer's permission. Posco Assan TST acts in harmony with these regulations. There are no criminal cases or administrative proceedings made against Posco Assan TST on violation of union rights.Finally Posco Assan appeal the decision of Court of Cassation by giving the petition of “correction of decision” and therefore legal process is still pending. As a result, while there are still ongoing judicial proceedings, it would be appropriate to first wait for their results. Making explanations due to press and media about the legal process may be considered as a violation of Turkish law.

Note: For the union policy in the POSCO Corporate Citizenship Report, please see here [full response attached].