The right to strike and strike ballot in the context of collective labour law

The aim of this thesis is to examine the legal nature, function, and practical implications of the strike ballot, which constitutes one of the most significant mechanisms of Turkish collective labour law. The right to strike is a fundamental element of the collective bargaining process and enables the collective expression of workers' will. However, throughout its historical development, the strike ballot has sometimes been regarded as a reflection of workers' democratic participation, while at other times it has been criticized as a tool restricting the exercise of the right to strike. Therefore, a systematic analysis of the legal status of the strike ballot in light of positive law, international regulations, and practical implementation is required. The research methodology consists of legislative analysis, comparative legal examination, evaluation of judicial precedents particularly high court decisions and a review of scholarly perspectives. Within the study, the legal and practical evolution of the strike ballot from the periods of Laws No. 275 and 2822 to the present day is examined, with particular attention to regulatory changes and implementation challenges that emerged following the entry into force of Law No. 6356. The findings reveal that despite changes in quorum requirements and procedural rules, the strike ballot functions differently in practice depending on union strategies, employer attitudes, workplace structure, and the legal status of workers. Although recent Court of Cassation judgments increasingly interpret the strike ballot in a flexible manner favoring workers' autonomy, the discrepancy between legislation and practice has not yet been fully resolved. In conclusion, the study demonstrates that the strike ballot is not merely a procedural step but a fundamental legal institution essential for the effective exercise of the right to strike, union democracy, and the collective bargaining process. Ensuring an effective strike ballot mechanism requires clear and foreseeable legislative regulation informed by judicial practice and practical realities. Keywords: collective labour agreement, collective labour law, right to strike, strike ballot, trade union democracy