Article 25 of the Trade Unions and Collective Bargaining Agreement Law No. 6356 grants the right to "union compensation" to workers who are dismissed due to union membership or union activity. This compensation cannot be less than the worker's 1-year wage; It is one of the strongest job guarantees.
Legal Framework
- 6356 Article 25/1: The employer cannot discriminate against the employee due to his or her union membership.
- 6356 Article 25/2: Discrimination is prohibited due to union election rights, participation in activities or determination of authority.
- 6356 art.25/3: Special regime of proof if the worker claims that the employment contract has been terminated for these reasons.
Burden of Proof — Reversed
In a union compensation case, if the employee presents concrete evidence, the employer must prove that there is no negativity between the termination and union reasons. This is the basic mechanism of job security.
Typical "Union Cause" Indicators
- Dismissal during collective bargaining negotiations.
- Successive dismissals after union establishment/membership increase.
- Termination for union representatives.
- The majority of workers laid off in the same period are union members.
- Surprise application of performance-based excuses.
Union Compensation Amount
- Minimum: 1 year salary.
- The employee's seniority, wage, and termination severity may be increased, taking into account.
- It can be requested together with the reinstatement lawsuit.
- An employee who does not request reinstatement may still receive union compensation.
Supreme Court 9th HD — Established Approach
9. In union compensation, HD seeks the strict implementation of the regime of "the employee must show concrete signs" and "the employer has the burden of proving that there is no union reason", and it must be shown with concrete evidence (performance report, economic justification, company-wide dismissals) that the reason for termination is among ordinary job requirements. Otherwise, union compensation and, if necessary, reinstatement will be imposed.
Relationship with Reinstatement
- It is possible to request reinstatement within the scope of job security (4857 art.18, 30+ workers).
- If the employer refuses reinstatement, 4-8 months wage compensation + 1 year wage union compensation.
- If reinstatement is accepted, court period wage compensation + union compensation together.
Practical Steps
Union compensation files are highly consistent; It should be carried out with labor law lawyer.