ABSTRACT

The Trade Unions and Collective Bargaining Agreements Law dated November 7, 2012 and numbered 6356, which abolishes the Collective Bargaining Agreements, Strike and Lock-out Law numbered 2822, while re-regulating the trade unions and collective bargaining agreements, also re-regulates the concept of strike. Although the system of autonomy of collective bargaining agreements is ensured by the Constitution, according to the latest Law numbered 6356, it is provided as a system completely operating under the supervision of the state taking into consideration especially the determination of membership to trade unions and also the requirement of certificate of authorization to be a party to a collective bargaining agreement, the application of collective bargaining agreement procedure, the determination of disputes, mediation, suspension of a strike and strike prohibitions, the principles of strike applications and other relevant limitations and therefore, it is observed that the new system contradicts with the principle of autonomy