High Council of Arbitrators of Turkey

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The High Council of Arbitrators (Turkish : Yüksek Hakem Kurulu, YHK, also translated as Supreme Arbitration Board) is a permanent arbitral tribunal in Turkey. It was established in the 1982 Constitution for resolution of conflicts between the employer and employees on collective bargain agreements. [1] [2] The authority is defined in Law no 2822 ratified on 3 May 1986, [3] and can be used for organizations and companies where strike is not allowed by the law. The council has final decision authority on the agreements. [4]

Turkish language Turkic language (possibly Altaic)

Turkish, also referred to as Istanbul Turkish, is the most widely spoken of the Turkic languages, with around ten to fifteen million native speakers in Southeast Europe and sixty to sixty-five million native speakers in Western Asia. Outside Turkey, significant smaller groups of speakers exist in Germany, Bulgaria, North Macedonia, Northern Cyprus, Greece, the Caucasus, and other parts of Europe and Central Asia. Cyprus has requested that the European Union add Turkish as an official language, even though Turkey is not a member state.

Arbitral tribunal a panel of adjudicators to resolve a dispute by way of arbitration

An arbitral tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire. Members selected to serve on the tribunal are typically professionals with expertise in law and mediation, although some scholars have suggested that the ideal composition of an arbitral tribunal should include at least one economist, particularly in cases that involve questions of asset or damages valuation.

Turkey Republic in Western Asia

Turkey, officially the Republic of Turkey, is a transcontinental country located mainly in Western Asia, with a smaller portion on the Balkan Peninsula in Southeast Europe. East Thrace, located in Europe, is separated from Anatolia by the Sea of Marmara, the Bosphorous strait and the Dardanelles. Turkey is bordered by Greece and Bulgaria to its northwest; Georgia to its northeast; Armenia, the Azerbaijani exclave of Nakhchivan and Iran to the east; and Iraq and Syria to the south. Istanbul is the largest city, but more central Ankara is the capital. Approximately 70 to 80 per cent of the country's citizens identify as Turkish. Kurds are the largest minority; the size of the Kurdish population is a subject of dispute with estimates placing the figure at anywhere from 12 to 25 per cent of the population.

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Structure

The structure is based on three bodies, one neutral, one in favor of the employees and one in favor of the employers. Neutral body consist of one expert judge from the High Court of Appeals of Turkey, an external and neutral member appointed by Ministers of the Government, an academician on business law or economics by the Council of Higher Education (Turkey) and a bureaucrat from the Ministry of Labour and Social Security (Turkey).

Cabinet of Turkey body that exercises supreme executive authority in Turkey

The Cabinet of Turkey or Council of Ministers is the body that exercises supreme executive authority in Turkey. It is composed of the heads of the major ministries. From 1923 to 2018, Ministers were ceremonially appointed by the President on the advice of the Prime Minister. From 2018, Turkey adopts an Executive Presidency meaning that the President has the full responsibility to appoint and relinquish Ministers from their duties. The cabinet is the executive power and is responsible for the management of the state.

The Council of Higher Education is responsible for the supervision of universities in Turkey, in a capacity defined by articles 130 and 131 of the 1982 constitution.

Ministry of Labour and Social Security (Turkey)

The Ministry of Labour and Social Security is a former government ministry office of the Republic of Turkey, responsible for labour and social security affairs in Turkey. The ministry was merged with the Ministry of Family and Social Policy in July 2018 to form the Ministry of Labour, Social Services and Family. The current Minister is Zehra Zümrüt Selçuk.

Employees are represented by two representatives of the labor confederation that has the highest number of members. Employers are represented by a representative of the employer union with highest number of members and a representative appointed by Ministers of the Government for negotiations on civil servants. [5]

Resolution Structure

The decisions are based on documents presented, [6] but the council has right to interview the parties if it is considered that the documentation is not explanatory. [7]

Decisions are based on majority of votes, it tie situations Council Head is favored.

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