To answer this question one has to start with the text of Law No. 5953 itself, because the Law does have an article headed "Union" — but it is no longer in force.
Article 22 Has Been Repealed
In the official text the article appears as: Union: Article 22 — (Repealed: 15/7/1963 — Art. 33 of Law No. 274.)
The special provision of Law 5953 on unions was therefore repealed in 1963 by Article 33 of the Trade Unions Act No. 274.
Another Article Repealed at the Same Time
| Article | Heading | Status |
|---|---|---|
| Art. 22 | Union | Repealed — 15/7/1963, Law No. 274 Art. 33 |
| Art. 23 | Social insurance | Repealed — 17/7/1964, Law No. 506 Art. 141 |
Both articles ceased to be special provisions and were transferred to general statutes: unions to union legislation, social insurance to social security legislation.
Constitutional Basis
The right to form and join a union is regulated in Article 51 of the Constitution. For a journalist there is additionally the guarantee of press freedom in Article 28. These are separate but mutually reinforcing guarantees, and together they protect the journalist's freedom of association at constitutional level.
The One Reference to Unions Still in Law 5953: Notification
One provision mentioning unions remains in force. Under Article 9, the making of the contract by the employer and its termination by the terminating party is notified by declaration within fifteen days to three places:
- The Regional Directorate of Labour
- The civil administration
- The journalist's union if they are a member — otherwise the professional body with the largest membership
Under the same article the civil administration sends a copy of these declarations to the competent institution for the determination of the journalist's seniority. The notification is the first link in the chain that keeps the seniority record. This is covered in the notification article.
Vested Rights Cannot Be Rolled Back
Article 25 provides that the obligations falling on the employer as a result of applying this Law cannot be relied on as a reason for reducing journalists' wages and other rights to lower levels. Under Article 30, an employer acting contrary to this is subject to an administrative fine.
This article also supports the protection of rights won through collective bargaining: existing rights cannot be pulled down on the pretext of the burdens imposed by the Law. It is covered in the vested rights article.
Bottom Line
Article 22 of Law 5953 on unions was repealed in 1963 and the subject transferred to general union legislation. A journalist's union rights arise from Article 51 of the Constitution and general union legislation. The only provision on unions still in force in Law 5953 is the contract and termination notification in Article 9.