The Picketing in Turkish Labour Law

Merda Elvan Tunca
Pamukkale University, Faculty of Law, Department of Labour and Social Security Law

Abstract

The Collective labour disputes between the employee and the employer parties, during negotiations to conclude a collective labour agreement, can be resolved through peaceful and combative ways. Strike is a combative method that employees leave their work or disrupt their activities in the workplace in order to improve their working conditions economically or obtain new rights. If there is a strike which fulfils the conditions of a lawful strike regulated in the Law No. 6356 on Trade Unions and Collective Bargaining Agreement, there will be a lawful strike. The second type of strike which is the unlawful strike; is any strike that happens without fulfilling the conditions of a lawful strike. Picketing is also a combative method that is applied to solve the collective labour disputes in labour law, and has an importance within the freedom of expression. In daily language; picketing is defined as a personal or collective protest by using banners against an event or a person. In terms of labour law; picketing is defined as employees gathering at the entrance of their workplace while there is an ongoing strike, in order to complain about the employer to the other employees and to the society, and also to persuade the other employees to leave their jobs and join the strike. The aim of this study is to examine the concept of picketing in terms of Turkish labour law, judicial decisions and international law.

Presentation