Crimes releated to violation of work and bloking of trade union rights

Within the scope of regulations related to the crimes related to violation of freedom of work and blocking of trade union rights, it is aimed to guarantee the workers? freedom to work as employees. It is clear that the existence of guarantees concerning the labour life in Penal Code will have positive effect on working peace.Industrial and technological developments caused mutual organization among employers and employees which resulted in making more humanitarian regulations in line with the guarantees set out in international convantions and constitutions. The issues such as safeguarding the employees? rights to make or not to contract with their free will and recongnition of unionist rights freedoms and penal protection in this respect are great important since these are the criteria of respect to democracy as well as being a significant factor on perception of a state among other states and international organizations. Owing to this fact, the crimes set out in the amended Penal Code which came into force on 1 June 2005 such as ?Violation of freedom of Work? under Article 117 and ?Blocking of Trade Union Rights? under Article 118 in addition to other crimes related to labor life have been elaborated within this thesis.First, historical development of freedom concept and freddom to work and then related types crimes in TPC, especially violence and threat crimes and other crimes which indirect effect labor life have been addressed in first chapter.With regard to the protection of freedom to work and organization, ?Violation of Freedom of Work? is regulated under Article 117 and ?Blocking of Trade Union Rights? under Article 118 of the TPC Law No 5237. Through these regulations, it is aimed to punish the acts against labor life and freedom to be organized. In TCP No. 5237, the crimes of Violation of Labor and work defined in Article 117/1; and the crime of exploitation of workers was defined in the second paragraph of the same Article; the crime of sustaining, transporting or moving in order to exploit workers was defined in the third paragraph of the Article and in the last paragraph of the Article 117, the crimes of forcing to change the content of agreements and causing to delay or stop working was defined. It is stated that the crime of violation of freedom of labor and working can be committed only with an action against the law or with a constraint or threat.The freedomof personal trade union rights are protected in the first paragraph of Article 118 and the collective union freedom were protected in second paragraph of the same Article in TPC No. 5237. It has been also stated that this crime can be commited with an action against the law or with a contsraint or threat in the second paragraph of this Article.The crime of violation of freedom of labor and work was taken into consideration in details in each paragraph in Article 117 and then prevention of the use of unionist rights crime which appears in Article 118 was taken into consideration as two distinct crimes, and the subjects of the elements of the crime, motivations which have influences the crime and sanctions reviewed in the second part .In the result section our opinion on crimes related with violation of freedom of working and blocking of trade union rights are expressed in light of new law.