Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Battal Şener HÂKİM

Konular:-

Anahtar Kelimeler:Legal interest,Capacity of sue of trade unions,Community case,Collective capacity to sue of trade unions,Individual capacity to sue of trade unions

Özet: The capacity to sue of trade unions is regulated under article 26/II of STİSK in which two different capacities are involved. The first capacity has collective and the second one has individual feature. Within the scope of collective benefits of entire working life not on behalf of one particular member. It is aimed to protect common interests of certain number members of the union. Besides, it is not required beneficiaries to be the member of union in order to file a collective case. The right of collective action recognized to unions is also a community case. In the context of individual capacity, unions are entitled to file a lawsuit arising from employment contract, working relationship and social security rights on behalf of its members or their inheritors upon the written applications and represent them in such a case against

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