مرکز منطقه ای اطلاع رساني علوم و فناوري - INTERVENTION ON STRIKE ACTION BY AN ADMINISTRATIVE DECISION

Abstract :

The right to strike, which is a substantial instrument to help struggling in collective labour conflicts, is an integral part of the freedom of association and the exercise of this right has been bound to strict rules of procedure in our law system. In addition to these strict rules, the power of the administration to postpone strikes by an administrative decision is an another restrictive factor on the right to strike. This authority belongs to the Council of Ministers in Turkish law. According to his appreciation, the Council of Ministers can decide to postpone a legal strike which has been called or commenced on the grounds that the strike is threatening public health or national security. Due to the notion of postponement, it is likely to suppose that this administrative decision will suspend strike actions temporarily. Actually in contrast, the right to strike is confronted with a permanent limitation if there is not an agreement between the parties at the end of the sixty-day suspension period. Because of the fact that the administration has frequently invoked this procedure in practice without taking into consideration the circumstances of the present case, interferences often occur in such a way that the core of the right is breached.