Master'sOpen Access

Consequences of illegal strikes

2012
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Advisor: Prof. Dr. Ayşe Melda Sur

Abstract (EN)

In this study, are discussed the right to strike and in which cases it becomes an illegal practice in terms of Turkish Law. Are also evaluated sanctions defined for such illegal strikes and application conditions of these punitive sanctions. In addition, we try to explain the polemical issues in doctrine and law.This study is comprised of two chapters. In first chapter, are explained the concept of strike and required psychological and material conditions for existence of strikes. We do not make distinction of legal end illegal strikes when defining the concept of strike. Are discussed strikes in terms of conditions they contain. Additionally, are also investigated in which cases strikes are regarded as legal or illegal practices. A strike can come into existence only if it contains all psychological and material conditions.In the second chapter, are discussed sanctions defined for illegal strikes. Collective Bargaining, Strike and Lock-out Code contains both legal and penal sanctions for illegal strikes. According to this law, sanctions are also applied for occupation of business site, business slowdown, reducing the output and other resistance movements. These sanctions are regulated in article 25/III of this Code. Are also discussed the consequences of illegal strikes in this chapter. Issues like termination of labour contracts due to illegal strikes, responsibility from damages of strikes and penal consequences of such practices are included in this chapter too. In addition, other legal situations affected by illegal strikes are explained in detail.Keywords: Strike, Illegal Strike, Cancellation, Just Cause, Liability from Damage, Compensation

Author

Dr. Hülya Erçandırlı

How to Cite

Hülya Erçandırlı (Master Thesis). Consequences of illegal strikes, 2012, Dokuz Eylül University.

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