At this point, it is necessary to apply to the institutions and principles of administrative law. In addition, “non-judicial control” plays an important role in the issue of compliance of labour laws. Then, the problem of how the efficiency of labour laws will be strengthened by court practices should be analyzed. Besides, Turkish labour and administrative courts interpret domestic law under the light of these agreements and precedents. In recent years, Turkish labour and administrative courts have frequently referred to international agreements, EU-Directives and precedents of European Court of Human Rights and European Court of Justice in order to settle disputes concerning employment relations. In this context, “judicial review” plays a significant role in enforcement of labour laws. But, in the case of a conflict between international agreements, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail. According to article 90 of Turkish Constitution, international agreements duly put into effect carry the force of law. Moreover, Türkiye is a counterparty to many international agreements. The main example of this harmonization process is Turkish Labour Code.
As a consequence, Türkiye has started to harmonize its domestic law with EU-Directives. Although Türkiye has not been a member of European Union (EU) yet, Türkiye’s accession efforts to the EU has continued since 1960s.
In this contribution, this issue will be examined especially through the example of Türkiye as it has unique features in the sense of this critical problem. However, it should be analyzed whether these methods can really solve this problem effectively in practice. “Judicial review” and “administrative supervision” are generally accepted as the leading methods that ensure the effective enforcement of labour laws. While this problem causes the employees to be left at the mercy of the employers’ who are in the position of “social power” in this relation, it also leads employers more to ignore the rules of labour laws. The problem of compliance with labour laws has become one of the most significant issues in almost every country but especially in countries where the unemployment rate is very high.
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