ABSTRACT

The right to take collective action is a fundamental right including the right to strike. This right is valuable together with the trade union freedom and the freedom of collective bargaining, because both are complementary to each other. The right to take collective action cannot solely be assessed by the normative regulations of domestic law, excluding international law. Because it is a fundamental right. Therefore, it benefits from the protection of fundamental rights. The work of international organizations, especially by the International Labor Organization, should be considered in subject. In particular, the supervisory organs’ decisions of this organization have a guiding function. European Court of Human Rights’ decisions based on the European Convention on Human Rights are must be carefully observed. The principle of equality and prohibitions of discrimination should be considered. Limiting content of the right to take collective action or the right to strike, by the collective agreement procedure, restricts the exercise of the right to legal remedies. Providing that it is peaceful and measured, limiting the right to take collective action undermines the essence of the said right