In our legislation as well, there are regulations guarantee the tradeunion membership in accordance with Constitution. Most recently, thatsubject has been also enacted in The Code of Trade Unions and CollectiveBargaining Agreements Numbered 6356 brought in force in 2013; especially some authors in doctrine asserted that, the code afromentioned, embodies some rugulations which restricts right to demand trade unionindemnity during the termination of a labor contract because of tradeunion membership thus they claimed that, the protection of freedom oftrade union membershipfall behind the previous regulations. The study herein, after reviewing the developments in our legislation, we will indicatethe persons and their situations who have right to demand the trade unionindemnity regarding the law and we will try to elucidate the emergingproblems concerning this subject.