Constitutional Court rules in favor of freedom of labor

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The Constitutional Court (AYM) of Türkiye repealed the provision for those dismissed from public service by Statutory Decrees following the attempted coup in 2016 in relation to the dismissals from companies that are subsidiaries of public institutions.

The Court states in its ruling that these companies are not public institutions themselves.

The judgment published on the official website of the supreme court today, states that a disproportionate limitation was brought on freedom of labor and freedom of contract with the provision, which violates, the ruling says, articles 13, 48, and 49 of the Constitution of Türkiye.

The incorporated companies with a public partnership are subject to the same legal provisions as the private companies, and working in these companies does not require the conditions that are obliged for public employment, told lawyer Ali Şafak bianet.

Freedom of labor

Şafak said that today's AYM ruling is emphasizing the ambiguity of the rule, and it states that as such, people's freedom of labor may have been taken away.

The lawyer gave the example of software companies, explaining that such companies were not in the scope of the cancellation, considered to be related to national security.

But, after today's judgment, those who were dismissed from public service by Statutory Decrees can now work in companies with public partnerships not related to national security, Şafak explained.

"Measures should be proportionate"

The request was made at the supreme court for the cancellation of the related provision by 114 MPs including the Republican People's Party (CHP) group deputy chairpersons Engin Altay, Özgür Özel, and MP Engin Özkoç.

The ruling of AYM for cancellation indicates that measures were taken for "protecting national security and public order, and ensuring the sustainability of public services" but that "the measures taken have to be proportionate."

The supreme court states in its ruling that the companies included in the provision now canceled are not public institutions.

Over 100,000 civil servants from various institutions were dismissed by statutory decrees following the coup attempt. (AS/PE)