News

Dr. Ufuk AYDIN Dr. Ufuk AYDIN (uaydin@anadolu.edu.tr) is the author of the book “Unions in Professional Sports: The PFA and Turkey” (it was published in Turkey in 2007 by The Turkish Confederation of Trade Unions; it was published in Turkish).

Anadolu University-TURKEY



A Brief History

Turkey’s first and last trade union in sports was the Professional Footballers Union (Futbol-Ýþ Sendikasý-FS), founded in 1965. The Union had a very short and rough history. During its 19 years of existence, the union had 13 general meetings and changed its name several times. In 1976, the union had a peak in membership and reached up to 440 members. At its last general meeting in 1979, the union had 290 members. After the army coup in 1980, the activities of FS, like all other unions in the Country, were suspended and the union was warned to make some changes in its constitution. But the union was so weak, lost his members and the climate of the period was very pessimistic, therefore the changes could not be completed and the FS was shut down.



After this disappointing attempt, not any serious action to establish a sports trade union has occurred in Turkey. Today, there is only Professional Footballers’ Association, which has very few members and power.



Legal Background

Professional sportsmen are excluded from the Labour Act Nr.4857 because the players do atypical work. But sport as a branch of activity is included in the Act. The exclusion of sportsmen from the Labour Act is not a major problem for trade union rights. According to the Act of Obligations, a person who works by a contract of service is an employee; and professional sportsmen are working by contracts of service. So it can be interpreted that, the professional sportsmen are employees, excluded from the Labour Act and included in the Act of Obligations. Another proof of their employment relationship is the Social Security Act Nr.506, which takes the professional sportsmen as employees and insured (Art Nr.2).



According to the Trade Unions Act Nr.2821; an employee (no matter if he is included in The Labour Act or not) may join or even establish a trade union (Art.Nr.20). So, there is no legal obstacle for the sportsmen to establish or to join trade unions in Turkey.



Trade unions should be established according to the branch of activities in Turkey (Trade Unions Act Nr.2821, art.nr.3). There are 28 branches of activities in the Act, but none for sports. Thus, the initial problem about the establishment of a trade union in sports will be the indication of the branch of activity. According to the majority in the doctrine, the trade union must be established on the “branch of entertainment and accommodation places” (Nr.25). The main reason for this approach is that the professional sport is mainly an event of entertainment and similar organisations in Europe are members of federations or confederations of trade unions in entertainment (for example the PFA in England is a member of Federation of Entertainment Unions-FEU), so it has to be the same in Turkey. After the establishment of such a trade union in sports, everyone working in the professional sports industry can join the union.



The next debate about the trade union in sports is whether the membership can be limited to a specific group such as footballers. According to the vast majority in the Labour Law Doctrine this will be illegal. So the union must be open to everyone in the professional sports industry, they may join or not.

Economics and the Activities Of the Union

Traditionally, the main income of the trade unions consists of membership fees. According to the Trade Unions Act, the monthly fee for a trade union should not exceed the daily wage of the employee (Art Nr.23). As the trade unions in sports have very little membership (for example one of the strongest union in sports, The PFA, which has about 100% of union density, has about 4000 members), the membership fees will not be enough for the union to operate. But, amazingly, the Act Nr. 2821 allows the unions to get funds from lots of sources. Such as donations, incomes from real estate and especially incomes from the activities that unions organise (Art Nr.33).



The income from the activities will be the main source for the union to survive. By this clause, the union may get a share from the TV or Internet broadcasting. It should be remembered that, the main reason for the main strike threat in England was about the PFA’s demands on TV broadcast earnings. As the PFA has won the battle; it gets about 15 million pounds of guaranteed income. So that, a union in professional sports in Turkey must struggle to get a share from the broadcasting revenues, as it is a vital source for living.



Once the income from the broadcasting is guaranteed, it will be easy for the union to operate. The law allows lots of activities such as creation of benevolent funds, accident funds, benefit schemes, retirement income schemes or educational funds. The union can also organize courses for the professionals or ex-professionals, for the public and especially for the children, which will make the union sympathetic. It can easily be said that, due to the Trade Unions Act (Nr.2821), a union on professional sports in Turkey may act as its peers in other countries.



Collective Agreements and Strikes

According to the Collective Agreements, Strikes and Lockouts Act (Act Nr.2822); a union must have a 10% of membership in the branch of activity at national level and a majority in the workplace in order to sign a collective agreement. As the field of entertainment is so wide; it would not be realistic that such a union can reach these numbers. So, in spite of the fact that there is not a legal problem in making an agreement, it would be very difficult for a union to conclude a collective bargaining agreement. The same reasons are likely to occur in the field of strikes. Law allows the unions to go on a strike after the conflict in the bargaining stage. As the union can’t reach the collective bargaining process, it cannot go on a strike either.



Instead of a collective bargaining agreement, a general agreement according to the Act of Obligations can be concluded (Art Nr.316) by the union, the clubs and the federations. By this agreement, the basic rules for the player wages, transfers, sportsman rights and other things related to business of professional sports can be concluded. The Act of Obligations does not require such percentages of memberships for the unions. The general agreement may have a weak effect, but it might be a good start to the industrial relations in Turkish Professional Sports Industry.



Conclusion

It can be said that, in the near future a trade union in professional sports should be established in Turkey. There is no legal problem for the creation, membership and the activities of the union. If it is not a collective bargaining agreement, the union can conclude a general agreement and this will be a perfect introduction to the industrial relations in professional sports industry in Turkey. As it will help the fair play in sports and become a sympathetic trade union, it will also enhance the trade union movement in Turkey.