Özet:

One of the most important features of democratic countries is that they give people the right to protect their interests. When we look at the scope of labour law, one of the important rights granted to the parties of labour contracts, namely workers and employers, is strike and lockout. In our country, these rights are guaranteed by the Constitution. Strike is a right that workers use against the employer to protect and improve their social and economic rights. Lockout, on the other hand, is a defensive right that the employer can use to protect its own interests against workers who go on strike. However, strikes and lockouts are not unlimited. Because in some cases of strike or lockout, it is not only the economic interests of employers or workers; the legitimate interests of third parties that need to be protected, such as safety and health, and even the public interest may be severely damaged. It is in such cases that the prohibition of strikes and lockouts comes to the agenda. It should be noted that, since lockout is a right that is exercised in connection with the strike, the bans imposed on strikes will also apply to lockouts. In contemporary legal systems, arrangements are made to allow the parties to exercise these rights in the widest way possible. In our country, especially with the Trade Unions and Collective Bargaining Law No. 6356, the right to strike and lockout has been tried to be recognized in a more liberal way. For this reason, businesses and workplaces with strike and lockout bans have been reduced.

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