The crime of preventing the use of union rights

Freedom of union is abroad concept that covers both the right of individuals to organize and the right of unions protecting their own assets as well as exercising their activities freely. The guarantee of union freedom secured both at national and internat ional level has been realized by the entry into force of the Turkish Criminal Code No. 5237 in the field of criminal law. "The crime of preventing the use of union rights" is regulated under the article of 118 "Offenses Against Freedom" of Turkish Criminal Code No. 5237, consists of two paragraphs, in the first paragraph individual union freedom and in the second paragraph collective union freedom is taken under protection. Interms of ease of examination, the crime in the first paragraph is expressed as "Crime aganist the freedom of the individual union" and the crime in the second paragraph as "Crime aganist the freedom of collective union freedom". In our study, firstly, the concept of union freedom is examined and the basic regulations related to the protection of union freedom are given in national and international fields. In the evaluation of the crime, especially points of views in different directions in doctrine have been mentioned and the thoughts on these issues have ben tried to be explained. Judicial decisions were frequently referred in order to materialize the issue. In the conclusion section, a general evaluation was made and some suggestions were made regarding the controversial issues.