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Çalışma ve Toplum

Yıl 2009 , Cilt , Sayı 23

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Siyasî grev

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Dokuz Eylül Üniversitesi Hukuk Fakültesi1
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Özet Türkçe :

The Turkish Constitution, while recognizing the right to strike in its art.54, prohibits some forms of industrial action, such as political and general strikes. The Law No.2822 on Collective Labour Agreements, Strikes and Lockouts brings additional restrictions and penal sanctions punishing unlawful strikes, among which political strikes are subject to a special penal provision (art.73).

However, developments in comparative law, and especially French law, as well as rulings of the supervisory organs of the ILO bring an important distinction between political strikes in the narrow sense and other strikes aiming to influence public authorities, but regarding economic and social interests of workers. The latter enter within the protection of the freedom of association and should not be considered as unlawful forms of action.

Accordingly, the legislator should reshape the legal provisions in a way to bring a distinction between political strikes narrowly understood, and other strikes aimed to promote and develop economic and social rights and interests of workers. Legal sanctions may be modulated, in a way to attach more supple and lenient provisions to the latter.

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