The crimes against working and freedom organisation in the Turkish Penalty Code

Developing industry and technology, globalism and with other factors, in order to protect own and other workers rights, in order to make equal agreements with the people who are good in economical and social state the workers have been organised. Being organised of workers has caused the capital owners also getting organised. The working life has got a new shape and content because of these organisations. The 1982 constitution not only accepts the person?s working, agreement freedom and creating free enterprise but also gives government to take precautions about free enterprises. It means that the free enterprises should work in stability and trust also it must work according to the social aims and national economy. In order to save organisation freedom and working life, international agreements have been accepted.In the number 5237 of TCK ( Turkish penalty code) protect of the working and organisation freedom; ın the article 117 ?the spoil of work and working freedom?, in the article 118 ?to hinder union rights?, in the article 116/2 ?the spoil of work site immunity? and in the article 80 ?crime of human trade? and crimes like these have been organised. With these organised articles, the movements aganist these articles have been punished. In the number of 5237 of TCK, in its 117/1 article ?the spoil of work and working freedom?, in the same article (117/2) ?crime of exploit, crime of impel and transport?and in the last part of article 117 ? forcing to change the index of agreement and cause to stop the work? have been re organised.The spoil of work and working freedom; violence, threat or the behaviour which is against to law is clearly explained. The meaning of violence and threat is also explained in law. Behaviour against to law is a very large concept. There are crimes in this concept. It is possible that these crimes may be material element of the crime of ? the spoil of work and working? In this position, a punishment will be given or not or mental assembly rules will be applied or not can be discussed.This condition is against to principles of law. In 5237 number of TCK, in its 118th article ?union rights hindrance ? crime has been coordinated ın the first paragraph personal union freedom, in the second paragraph the collective union freedom is saved. Also in the second paragraph the crime; it can be done with violence, threat or behavior against law is coordinated. What can be understood from a behaviour which is against to law is not very clear. In addition to that, the aggravate state of the crime which is organised under the headline of common authority is deficiency for our opinion we agree for the doctrin which the lawmaker should solve this deficiency.İnternational contracts has been made about the protection of the freedom of working and organising work. In these contracts, the meanings of working and freedom of organisation are clearly described, governments will make the necessary legal coordinations, and they have undertaken to guareantee them. In these agreement, it is said that noone will force the person to work, people can not be seen as slaves, noone will make the children work in heavy and dangerous duties, immigrants wil have the egual rights with the workers whq live in the country, while taking a person in a job or finishing his job, noone can differ people because of their nations, language, religion or for other reasons. In our study, we have taken attention to universal laws, international agreements and constitution after that types of crimes about working and organised freedom in the new TCK have been examined and it was aimed to find solutions to the missing points and proplems of the existing system.