19 January, 2012Workers fired for joining the Turkish metal union, Birlesik Metal-IS finally won justice after a three year long, bitter and intense struggle that exposed the country's debilitated legal system as much as the company's anti-union behavior.
TURKEY: After three long years, Turkey's Supreme Court handed down its final ruling, concluding that Sinter Metal, a global parts manufacturer, fired workers for joining the IMF affiliate, Birlesik Metal-IS.
The struggle originated in December 2008, when all 378 Sinter Metal blue collar workers, members of Birlesik Metal-Is, were illegally dismissed. Weeks later an additional 16 were dismissed in January 2009.
Immediately thereafter, the workers and their union launched a legal case for their reinstatement and a call for international global action.
The IMF, the European Metalworkers' Federation and affiliates from around the world repeatedly called on the company to reinstate the workers. IMF and EMF sent a number of delegations to the Sinter Metal pickets and auto unions put pressure on major auto manufacturers to press the company to respect fundamental workers' rights.
Following pressure from an outside legal expert brought in by the IMF to monitor court proceedings, a December 15 2010 ruling in favour of the workers was finally handed down, two years and ten months after the legal deadline for such cases. The court ruled that the workers were not dismissed for economic reasons as claimed by the company, but for their trade union membership. Sinter Metal was ordered to reinstate them, or to compensate them with 12 months wages and an additional 4 months wages for the judgment process.
While the company appealed the decision to the Supreme Court, the IMF and Turkish unions put pressure on the Turkish government through the International Labour Organisation. In December 2011 the Supreme Court confirmed the decision of the local court. The original number of reinstatement cases was 291. After two years of legal processes 104 dropped their cases, leaving a remaining 187 workers.
"While the Supreme Court ruling is much welcomed, it's a bittersweet victory for Sinter Metal workers and their union" announced Jyrki Raina, IMF General Secretary.
"Fuelled by a broken legal system and a culture of corporate impunity, this kind of case is all too common in Turkey. The victory we celebrate today is in honour of the determination of those Sinter Metal workers who believed that they could fight one more day than the system that works against them, one more day than the company with its high-priced lawyers and deep political pockets, one more day so that their children may work and live where workers' rights are respected."
"We will take up this glaring example of shortcomings in the Turkish judicial system with the government and to push for changes to guarantee workers' rights against anti-union companies like Sinter Metal," Raina added.