Strike Bans in Turkish Law Within the Scope of Ilo Norms

Abstract

The right to strike is an integral part of the democratic order as one of the most basic social and economic rights. Although it is a constitutional right, it is not an unlimited right. For this reason, its recognition and protection should be the rule, and its limitation and prohibition should be the exception. The right to strike, which is among the fundamental rights and freedoms, is an economic sanction that provides workers with bargaining power against employers through unions and is used to impose their demands on the employer. ILO (International Labor Organization) norms; These are internationally accepted principles and rules in order to observe and protect the interests of employees. Basically, the ILO; It has three objectives: ensuring social justice and universal peace, improving working conditions, and ensuring international competition equality. It is known that the right to strike and the prohibitions to strike are protected under the Convention No. 87 on Freedom of Association and Protection of the Right to Organize, which Turkey also ratified in 1993. The principles adopted by the supervisory bodies of the ILO regarding the right to strike also define the action of strike, how it can be implemented and in what circumstances it can be restricted. In this context, the strike bans imposed on some services are contrary to ILO norms. The former Collective Bargaining Agreement, Strike and Lockout Law No. 2822 was criticized for its prohibitions on the right to strike, and it was stated that it violated ILO norms. Although it was stated that attention was paid to ILO norms in the general justification of Law No. 6356, which repealed this Law No. 2822, it is seen that the regulations on strike bans are not sufficient. The aim of this study is to analyzethe strike bans regulated in Turkish law within the scope of ILO norms.