Source: Petrol-İş
Source: Kristal-İş
Preventions of the right to strike did not only come in the form
of strike postponements. There was also an expansion of
suspension of right
to strike] - Strike is
the scope of strike that could be postponed (de facto bans).
a right, it cannot be
The emergency decree [KHK] No. 678 added the following to
prevented!
Article 63 of Law No. 6356 on Trade Unions and Collective
Bargaining: “A lawful strike or lockout that has been agreed upon or started
may be suspended by the Council of Ministers for 60 days if it threatens
public health, national security, urban public transportation services of the
metropolitan municipalities, or economic or financial stability in banking
services.” As a result, the strike ban on urban transportation and banking
services, which was annulled by the Constitutional Court in 2014, was
reintroduced indirectly by statutory decree No. 678. Moreover, the expression
“threat to financial stability” was added to the legislation, opening the way to
suspend strikes for economic reasons.
Sendikası - [2017
- BMİS protest on
Decisions to suspend strikes during the State of Emergency were not based
on the framework of State of Emergency legislation; they were instead based
on the provisions of Law No. 6356. Despite this, President Erdoğan underlined
that strike suspensions were part of the State of Emergency during a meeting
with employers’ unions. During his speech on July 12, 2017 at a meeting
organised by YASED (International Investors Association), which includes
Turkey representatives of leading companies such as Siemens, Dow, Unilever
and Sicpa in its Executive Board, President Erdoğan said:
“We use the State of Emergency so that our business world works
better. Now we intervene immediately in places where there is a
on the postponement of strike]
threat of strike through to the State of Emergency. We say, ‘No, you
can’t go on strike here, because you cannot disturb business life.
That’s why we use the State of Emergency [applause].”20
Sendikası - [2018
- Petrol - İş protest
Aftermath of the State of Emergency
Despite its official ending in July 2018, the effects of the State of Emergency
have continued, through legislation established by statutory decrees and
excessive authority given to provincial and district governors. There have been
many examples of a brutal and unrelenting attitude towards workers’ protests
even after the end of the State of Emergency. Some of these are listed below:
On November 6, 2018, 7 workers were dismissed from the TARİŞ factory located
in Çiğli Organised Industry Zone, due to their membership to the DİSK/Gıda İş
Union. Other workers started a protest, demanding their colleagues to be reemployed. As a result, the police took 65 workers into custody. Of these 65
workers, 33 were released in the morning and the rest in the following hours.
On November 22, 2018 in Kızılay, Ankara, a group of construction workers, who
were employed at General Directorate for Housing (TOKİ), started a protest
due to their wages not being paid for two years. Of those protesting workers—
20 https://www.evrensel.net/haber/326078/erdogandan-itiraf-ohalle-grevlere-musaade-etmiyoruz
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C O L L E C T I V E R I G H T S O F W O R K E R S U N D E R T U R K E Y ’ S C O N T I N U O U S S TAT E O F E M E R G E N C Y
T R A D E U N I O N R I G H T S I N E U R O P E A N A N D E U R O P E A N - A F F I L I AT E D E N T E R P R I S E S
T H E P I C T U R E O F L A B O U R R I G H T S V I O L AT I O N S I N T U R K E Y
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