Prohibitions on strikes and postponement of strikes in Turkish labor law

Strike has been a method of struggle used by workers to compel employers to meet their demands in the context of class conflict between workers and employers. Particularly after the Industrial Revolution, strikes were not recognized as a right in the 20th century and were even prohibited because they were perceived as acts of violence. However, the increasing frequency of strikes made it necessary to establish a legal framework for them, and strikes gradually began to be recognized as a right in national legislations. The recognition of the right to strike did not mean it could be used without limitation; instead, its boundaries have been defined over time. In our country, the exercise of the right to strike has been restricted through various means under Law No. 6356. Among these restrictions, strike prohibitions and the postponement of strikes are prominent issues that arise in collective labor disputes. Strike prohibitions are enumerated in Article 62 of Law No. 6356. Additionally, certain special laws also regulate strike prohibitions. The postponement of strikes, on the other hand, is regulated under Article 63 of Law No. 6356. In this study, following a discussion of the concept of strike and the right to strike, the limitations on the right to strike in Turkish law will be analyzed. Subsequently, the regulations concerning the tools that restrict the right to strike, namely strike prohibitions and the postponement of strikes, will be explained, and an evaluation of these regulations will be provided.