Özet:

The matter of the right to strike, which is an integral part of the trade union rights, is also the matter of the matter of the right to trade union and the right to collective contract. The use of this right for the first time included in the 1961 Constitution in our country has been substantially limited by the legal regulations that occurred in the period after 1980. In this study, on the existence of the right to strike in our country and therefore the rights of the trade unions, the strike delay institution will be discussed under the framework. In this context, the place of the right to strike in the international labour law has been examined and the legal regulations relating to the right to strike in Turkey have been explained in comparison with the international labour law. After these statements, the place in the law of the strike delay agency was discussed in the study of national safety and general health reasons that have caused strike delays and delays since 1963. In addition, the decisions made by the Council and the Constitutional Court against the delays of the strike and the international assessments on the practices of the delays of the strike in Turkey were included in the scope of the study. All these assessments have concluded that the delays in our country have effectively eliminated the meaning of the right to strike and that the law in our country needs to be amended to ensure the effective use of the right to strike in accordance with international conventions. On this need, legislative amendments have been proposed in accordance with international and national disputes relating to the application of strike delay.