MINISTRY OF LABOR AND SOCIAL SECURITY HEADSHIP OF BOARD OF LABOR INSPECTION
MINUTES
Registry No. : 2.3910.76527.07.01
Title of Company : Novamed GmbH
Employer/Attorney : Novamed GmbH
Telephone/Fax : 249 05 00
SSK File No : 2.3910.01.1053290.07.01
Tax No : Kurumlar VD 632 018 8645
Address of Company : Free Trade Zone – Antalya
Notification Address: Free Trade Zone – Antalya
As per order of Board of Labor Inspection dated 02.11.2007 and number 7640 and as required by law number 2822, representatives visited above specified company as required by assignment notice dated 02.11.2007 and number 1189 of the Ministry of Labor and Social Security Antalya Group Headship, they negotiated with the attorneys of employees, presented records and documents and below points were deducted.
1- Kanseti production in the company is made by the installment of the materials purchased from outside. As per the date of inspection, it was ascertained that 25 men, 293 women, 318 workers work in the factory, 81 of these workers (two of which are men) are on strike (starting on 26.09.2006) and 7 workers are left out of Strike and Lock-out as required by the articles 39-40 of Law number 2822.
2- There has been no increase in the number of workers after the start of strike in the factory. However, new workers were recruited to substitude the workers who quitted or whose labor contracts are held in suspension (pregnancy, etc.) Written information was given to Antalya District Office regarding those workers.
3- Petrol-İş Labor Union brought suit in Antalya Labor Court claiming that new workers were recruited to substitute workers on strike and these workers are fulfilling the duties of the workers on strike. This suit was inspected by Antalya 1st Labor Court and settled on 16.08.2007 and the claim was rejected. ( photocopies of statement of claim, record of proceedings in which the decision of the court is found and expertise report are attached )
4- Number of the recruited workers according to terms from the negative result of collective bargaining is specified below.
- 49 workers from 19.07.2006 to decision of 11.08.2006 and date of announcement,
- 26 workers from 11.08.2006 date of announcement to the implementation of strike 26.09.2006,
- 72 workers from the implementation of strike to 31.10.2007.
80 workers quitted between dates 26.09.2006 – 31.10.2007.
It was understood that totally 321 workers worked in the factory on 26.09.2006 and as of 03.11.2007, 318 workers were working. And the difference between the workers who were recruited during the strike and the workers who quitted stemmed from the workers who were recruited temporarily to substitute workers whose labor contracts are held in suspension. (generally due to pregnancy)
5- Financial Manager Cem Günaltay said that: “ We have no illegal application regarding the strike ongoing at our factory. We only recruit workers to substitute workers who quit or can not work due to reasons such as pregnancy. Labor contract of the workers who were recruited to replace pregnant workers are cancelled after pregnant workers return to work. The suit brought about this by the labor union was rejected. There is no serious difference regarding overtime pay between the periods before and after the strike. Arrangement of the order of pregnancy or the ban of pregnancy is out of dispute. Parties bargained again on 30.10.2007 and the bargains were positive. We expect tht bargains will have positive result.” Photocopies of the documents regarding the overtime pay paid to workers are attached to minutes.
This minute has been arranged as 1 page, 4 copies, read and signed after the verification is accepted. One copy was given to employer attorney. 03.11.2007
A. İhsan Öztürk İlhami Kabaktepe Cem Günaltay
Labor Inspector Labor Inspector Employer Attorney
Financial Manager
MINUTES
Registry No. : 2.3910.76527.07.01
Title of Company : Novamed GmbH
Employer/Attorney : Novamed GmbH
Telephone/Fax : 249 05 00
SSK File No : 2.3910.01.1053290.07.01
Tax No : Kurumlar VD 632 018 8645
Address of Company : Free Trade Zone – Antalya
Notification Address: Free Trade Zone – Antalya
As per order of Board of Labor Inspection dated 02.11.2007 and number 7640 and as required by law number 2822, representatives visited above specified company as required by assignment notice dated 02.11.2007 and number 1189 of the Ministry of Labor and Social Security Antalya Group Headship, they negotiated with the attorneys of employees, presented records and documents and below points were deducted.
1- Kanseti production in the company is made by the installment of the materials purchased from outside. As per the date of inspection, it was ascertained that 25 men, 293 women, 318 workers work in the factory, 81 of these workers (two of which are men) are on strike (starting on 26.09.2006) and 7 workers are left out of Strike and Lock-out as required by the articles 39-40 of Law number 2822.
2- There has been no increase in the number of workers after the start of strike in the factory. However, new workers were recruited to substitude the workers who quitted or whose labor contracts are held in suspension (pregnancy, etc.) Written information was given to Antalya District Office regarding those workers.
3- Petrol-İş Labor Union brought suit in Antalya Labor Court claiming that new workers were recruited to substitute workers on strike and these workers are fulfilling the duties of the workers on strike. This suit was inspected by Antalya 1st Labor Court and settled on 16.08.2007 and the claim was rejected. ( photocopies of statement of claim, record of proceedings in which the decision of the court is found and expertise report are attached )
4- Number of the recruited workers according to terms from the negative result of collective bargaining is specified below.
- 49 workers from 19.07.2006 to decision of 11.08.2006 and date of announcement,
- 26 workers from 11.08.2006 date of announcement to the implementation of strike 26.09.2006,
- 72 workers from the implementation of strike to 31.10.2007.
80 workers quitted between dates 26.09.2006 – 31.10.2007.
It was understood that totally 321 workers worked in the factory on 26.09.2006 and as of 03.11.2007, 318 workers were working. And the difference between the workers who were recruited during the strike and the workers who quitted stemmed from the workers who were recruited temporarily to substitute workers whose labor contracts are held in suspension. (generally due to pregnancy)
5- Financial Manager Cem Günaltay said that: “ We have no illegal application regarding the strike ongoing at our factory. We only recruit workers to substitute workers who quit or can not work due to reasons such as pregnancy. Labor contract of the workers who were recruited to replace pregnant workers are cancelled after pregnant workers return to work. The suit brought about this by the labor union was rejected. There is no serious difference regarding overtime pay between the periods before and after the strike. Arrangement of the order of pregnancy or the ban of pregnancy is out of dispute. Parties bargained again on 30.10.2007 and the bargains were positive. We expect tht bargains will have positive result.” Photocopies of the documents regarding the overtime pay paid to workers are attached to minutes.
This minute has been arranged as 1 page, 4 copies, read and signed after the verification is accepted. One copy was given to employer attorney. 03.11.2007
A. İhsan Öztürk İlhami Kabaktepe Cem Günaltay
Labor Inspector Labor Inspector Employer Attorney
Financial Manager
