The right of collective action in Turkisch labor law in accordance with international conventions and judicial decisions

The collective view of freedom of expression in Labor Law, right of collective action which should be recognized as a necessity of being a democratic society, is a right of resistance used by workers against situations that concern their economic, social and work interests. First of all, in the 6th article of the European Social Charter, in which Turkey made a reservation, it has been emphasized that it is a superior concept by saying "collective action right including strike". Due to the principle of the integrity of union rights, it will not be possible to talk about the full protection of the interests of workers without the right to collective action. Although collective action right is considered as a right specific to workers, It is stated in the regulation of the European Social Charter that employers also have the right to collective action and employers use the collective action right as a lockout. The right to collective action, whose legal foundations are international norms, inspection and judicial decisions, has been recently started to be accepted with the decisions of the Supreme Court, due to the order in Turkish labor law to be based on international law, which is in conflict with domestic law (with the regulation art.90/5 of the Constitution). In our study, the collective action right is discussed in the light of judicial decisions by comparing international norms and decisions with the regulations in Turkish domestic law