Can private security guards now become members of any trade union?

Yes, with the statutory amendment in 2012 and this AYM decision, the trade union prohibition for private security guards in public institutions has become entirely a thing of the past.

Why was the 'lengthy trial' complaint not accepted?

Because the applicant was required to apply to the 'Compensation Commission' and request the remedy of this damage before coming to the AYM; it was rejected because this avenue was not exhausted.

Why is there a dissenting opinion in the decision?

Two members differ from the majority regarding the method of remedying the violation (arguing that norm review should be conducted via the objection avenue); however, there is a consensus that there is a violation.

CONSTITUTIONAL COURT RULINGS10 August 2026

Security Guards Regained the Trade Union Right

Official titleDecision of the Constitutional Court Dated 19/2/2026 and Application Numbered 2021/48905

The Constitutional Court evaluated the prevention of private security guards working in public institutions from becoming members of a trade union as a violation of the 'trade union right' and ruled that non-pecuniary damages be paid to the applicant.

Details of the Regulation

The application was made upon the rejection of the trade union memberships of private security guards working at the State Hydraulic Works (DSİ) in 2011, citing the prohibition in the legislation of that period as the reasoning. The local court and the Council of State (Danıştay) dismissed the lawsuit, stating that the legislation as of the date of the transaction contained this prohibition. However, although this prohibition was lifted by a statutory amendment made in 2012 while the judicial process was ongoing, the courts of instances did not reflect the legal consequences of this amendment in their decisions.

In its examination, the Constitutional Court emphasized that the trade union right is an indispensable element of a democratic society. The Court stated that categorically depriving private security guards of the rights to establish a trade union or to become a member of a trade union is not in accordance with the 'requirements of the democratic social order' and does not meet a pressing social need. It was concluded that the interference was disproportionate and that constitutional guarantees were violated.

As a result of the decision, while it was unanimously decided that the trade union right was violated, the file was sent to the relevant Administrative Court for a retrial in order to eliminate the consequences of the violation. Furthermore, it was ruled that 50,000 TL in non-pecuniary damages be paid to the applicant trade union. The complaint regarding the right to a trial within a reasonable time, on the other hand, was found inadmissible due to the non-exhaustion of administrative remedies.

REGAS Commentary

This decision establishes that the obstacles to trade union organization for private security guards and personnel of similar status working in the public sector are unconstitutional. The decision is an important precedent reminding that in the event that a right that was prohibited in the past is recognized by statute, courts must interpret this amendment in favor of the 'essence of the right'. The trade union guarantee for employees has been reinforced.

Questions You Might Have

Can private security guards now become members of any trade union?: Yes, with the statutory amendment in 2012 and this AYM decision, the trade union prohibition for private security guards in public institutions has become entirely a thing of the past.
Why was the 'lengthy trial' complaint not accepted?: Because the applicant was required to apply to the 'Compensation Commission' and request the remedy of this damage before coming to the AYM; it was rejected because this avenue was not exhausted.
Why is there a dissenting opinion in the decision?: Two members differ from the majority regarding the method of remedying the violation (arguing that norm review should be conducted via the objection avenue); however, there is a consensus that there is a violation.

Key Terms

Sendika Hakkı: The freedom of employees to organize and establish trade unions in order to protect their economic and social rights.
Manevi Tazminat: The money paid to remedy the distress and wear suffered by a person due to an unlawful act.
Yeniden Yargılama: The process of re-examining a finalized decision by the court following the determination of a violation.

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