The right to strike, which has an important place in working life, is a tool used by workers to improve their working conditions and rights. However, they may differ in terms of strike types and compliance with the legal framework. In this article, we will examine in detail the differences between legal strikes and illegal strikes.
What is a Legal Strike?
Legal strike, defined in the Trade Unions and Collective Labor Agreement Law No. 6356, is a type of strike carried out by workers in accordance with the legal procedure in order to protect and improve their economic and social rights in case an agreement cannot be reached in collective bargaining negotiations. Some conditions are required for a legal strike to take place:
Professional Purpose: The strike must have a professional purpose and be aimed at improving the working conditions and rights of workers.
Legal Procedure: The decision to strike must be taken by voting by the general assembly or authorized body of the union. Before starting a strike, a legal notice must be given and a cooling off period must be waited.
No Prohibition: There should be no strike ban or obstacle in the workplace where the strike will take place.
No Strike Obstacles: There should be no strike impediments such as strike votes, strike postponements or court orders.
Solutions to Legal Strike:
Workers participating in a legal strike cannot receive wages during the strike.
When the strike ends, workers return to their jobs under their old rights and conditions.
Material damages occurring in the workplace during a strike are shared proportionally between the workers participating in the strike and the employer.
What is an Illegal Strike?
An illegal strike is a type of strike that is not carried out in accordance with the legal procedure or is carried out in a workplace where there is a strike ban. Some examples of illegal strikes include:
Strikes without legal notice or cooling off period
Strikes without a strike vote or without obtaining the required majority
Strikes in public services or vital businesses
Politically motivated or solidarity strikes
Reasons for Illegal Strike:
Workers participating in an illegal strike have the right to terminate the employer’s employment contracts and demand compensation.
Material damages incurred in the workplace during the strike must be covered by the workers participating in the strike.
Criminal sanctions may also be imposed on those who participate in illegal strikes.