ILPC 2026

In this article, the right to strike İn Turkey is examined in every aspects. The restrictions, bans and the effect of the conditions of the state of emergency on the right to strike are analyzed and also Turkish workers'new strategy, which is collective actions, is examined. Right to strike is recognised by the Constitution of Turkey. It is also regulated by The Act on Trade Unions and Collective Labour Agreements, no. 6356 (TUCLA). According to the Constitution, if a disagreement arises during the collective agreement process, workers have the right to strike. Constitution does not put any other restrictions on political, solidarity and other types of strike. On the other hand, according to TUCLA, strikes have to meet some legal requirements. If the parties do not abide by these rules, the strike becomes unlawful. TUCLA limits the the aim of strike. Syndicates only declare a strike to protect or improve their member's economic and social rights also working conditions. In addition to this, public servants do not have the right to strike. As there are very serious restrictions and bans on the conditions of legal strike in Turkey, workers only have one choice: Collective actions! And collective actions must be examined in the light of international law. More than 15 years enjoying the right to strike in Turkey has become very difficult. For example, TUCLA gives an authority to Council of Ministers to postpone a legal strike for sixty days on the grounds of public health or national security. And a postponed strike can not continue after the postponement period. In the last 15 years, all of the strikes were suspended by this way. Postponements of legal strikes actually mean bans of strikes. In 2016, the state of emergency was declared in Turkey after a failed coup attempt. After that, so mant statutory decrees were taken into force. One of these statutory decrees regulated some provisions about right to strike. Thereto, on 12.07.2017, the president of Turkey said, "Strike is a threat and we use state of emergency's conditions to prevent this menace." In Turkey, workers have started to enjoy the right to strike by colletctive actions. Collective actions are not regulated by law. It takes its power from international law (Turkey approved ILO Conventions 87-98; European Convention on Human Rights). The Turkish Supreme Court does not interpret collective actions as illegal but these collective actions must satisfy some Supreme Court's criterias. In these conditions, if workers do not apply for collective actions, legal strikes are banned easily by legal ways. Turkish workers are like Sisyphus. They always do the same thing but the result is always the same: a new failure. So collective actions may be a new choice until a new mentatily comes.