IndustriALL Global Union and industriAll European Trade Union, both representing workers in mining, energy, and manufacturing industries throughout the world, wish to contest POSCO Assan’s reply to BHRRC dated July 2022, which does not reflect reality and misleads the public and investors regarding human rights violations at its Kocaeli plant...

In their most recent reply to BHRRC in June 2022, POSCO Assan says that: “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.”

This is not true, as it can easily be shown by the court decisions, initially at the court of first instance, which were challenged and upheld by the Regional Court of Appeals and later by the highest court, the Supreme Court...

In these decisions, the court clearly states that POSCO dismissed the workers due to their union activity and obliges POSCO to pay 12 months extra salary in addition to their severance pay, which is not mentioned in POSCO’s reply regarding these dismissal cases. The judges’ wording is very clear on this: they outline that article 25 of the Law on Trade Unions and Collective Bargaining No. 6356 regarding freedom of association has been violated and as a penalty for this violation of union rights, the company must pay an additional 12 months’ salary without any conditions.

Along with serious violations of individual workers’ rights, the company management also violates the collective rights of workers, particularly freedom of association and the right to collective bargaining, by denying that Birleşik Metal İş is legally the representative union, despite clear rulings by the court.

The local court ruled in favour of Birleşik Metal-İş, and the Court of Appeal confirmed the ruling. As a final step, the company took the matter to the Court of Cassation. The final court, the Court of Cassation, decided that Birleşik Metal İş is the representative union in the workplace...

[full response attached]