Consequences of termination a strike in Turkish labor law

In this study, the termination of a strike and the consequences of the termination of a strike are analyzed. All cases of termination in the law and in the literature are included in the scope of the study, and the consequences arising from the termination of the strike are analyzed separately. The study was carried out due to the fact that the cases of termination of the strike are explained by each author in the literature by making a different classification and that some controversial cases of termination are included in separate sources, and the need to present a comprehensive study in which all aspects of the termination of the strike are addressed in the doctrine. In addition to the cases listed in the law as the termination of a strike, some situations defined as strike prohibition or strike barrier are also included in the scope. The consequences of the termination of the strike are evaluated separately as a result of the strike, the parties and the dispute. Accordingly, when and how the strike will end, which consequences will arise for the parties to the dispute, and how the dispute will be resolved are analyzed. In the study, strike postponement, strike ballot and strike suspension, which are accepted as strike prohibition in the literature but are considered to be terminations, are analyzed as terminations. The validity of the authorization certificate in the termination of the strike by court decision due to loss of members, which is not explicitly stated in the law, is discussed in all aspects. Since it is not explicitly regulated in the law, it has been discussed in the doctrine and the Court of Cassation as an open gap or a conscious gap. In the study, the distinction of the gap and the solution of the dispute are evaluated by considering the systematics of the law. As a result of the study, it is concluded that the most striking consequence of the termination of the strike is that the termination of the strike due to the loss of members should not be decided directly, and the authorization certificate should continue to be valid depending on the existence of a lockout decision or practice. Controversial issues have also been addressed in terms of the consequences of other terminations.