Get this from a library! sayili toplu iş sözleşmesi grev ve lokavt kanunu şerhi . [Seza Reisoğlu]. MADDE 1. — saydı Toplu İş Sözleşmesi, Grev ve Lokavt Kanununun 3 üncü maddesinin ikinci fık rası aşağıdaki şekilde değiştirilmiştir. Bir gerçek ve. En Çok Okunan Makaleler. DOĞAL KAYNAKLARIMIZ · Doğru bilgilenmeye davet / e Dursun · İHTİRAZİ KAYITLA BEYAN VE İDARİ İTİRAZA İLİŞKİN.

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After World War IImany Western capitalist states added the right to collective bargaining and to strike to their social rights. A restricted trade union law was passed inat which time collective bargaining and strikes were considered as dangerous and unnecessary in Turkey. For example, the Democrat Party DP supported the right to strike until it came to power in Geev the military coup, the law of Collective Bargaining, Strike and Lockout lkoavt a reality.

The Constitution recognized collective bargaining and striking as a social right. The Assembly passed Kkanunu no. Some other writers see international circumstances or electoral competition between political parties as significant.

In its examination of the process of the enactment of Law no. Disputes about the right to strike in Turkey date back to the turn of the 20th century and before the establishment of the Republic of Turkey in Initially, the Young Turks, showed sympathy for these strikes, but after a short time they grrev against the workers kaanunu the guise of national interest.

However, in a labour law was passed that banned trade unions and removed the right to strike. This corporatist model did not allow autonomous legal labour organizations. Disputes about the right to strike grew mainly after the transition to the multiparty system. In the run up to the election, the issue of the right to strike was not debated by the parties; nevertheless, the CHP changed an Article of the Law of Associations Cemiyetler Kanunu before the election thereby allowing the establishment of class-based organizations, as a result of which many trade unions were established.

The CHP was alarmed by this uncontrolled spread of trade unions and, in December greb, it banned socialist parties and trade unions.

If we had subscribed to a liberal regime in our country, of course we would have to recognize the rights granted by this regime.

But we subscribe to a Statist regime. Because here the state agrees to act as the arbitrator in the disputes between classes. That this law is drafted with a national spirit, that it includes restrictions which will not allow external agitations to function among these unions, particularly that it takes keeping political purposes out of it and keeping the nature of these unions as professional bodies into consideration, these constitute the basics of this law that we participate in and kqnunu.

We have accepted Statism as a basic maxim. If we were to become reactionaries, … if kannu were to give up on our considerations regarding the duties of the state or go back to the liberal order, which was in vogue forty or fifty, or even thirty years ago, then both vd and lockout will be necessary.

But if we were to become reactionaries … because we will not become reactionaries at any point, there will not be any need for strike and lockout, which may be necessary oanunu to have for class struggle in cases where there is no statism, no state arbitration. The state shall be a just arbitrator between labour and capital.

It shall protect both labour and capital. Classes will not confront kanunuu other with hatred, animosity, strikes and lockouts. This state will not allow it.


Thus, there will be no need for arms for the struggle. Indisputes about the right to strike were not restricted to parliament. Before the election, in its election platform, the DP promised workers lokavtt right to strike to secure their votes. As some trade union leaders announced that kanun only sought work security and not the right to strike, conflicts arose between trade unions.

The DP won the election and stayed in power until the military coup in Although the DP had promised workers lkavt right to strike before the election and prepared a draft Bill lkkavt Strike and Lockout init reneged on its promise.

In the s there were significant developments in the trade union movement. All trade kanhnu demanded the right to strike during the DP period and the IISB started a campaign in to pressure the government to fulfil its promise. Meanwhile, some academics, such as Professor Muammer Aksoy, Professor Cahit Talas and Professor Orhan Tuna, joined the debate on the right to strike and promoted it in newspapers and the public space. It brought an end to the DP and most of the DP leaders were arrested.

In addition, he specialized in social policy and security issues. Academics with reformist visions and politicians from CHP dominated the Commission. All these factors played a part in ensuring that the Constitution, which was approved by a plebiscite in Julyrecognized collective bargaining and the right to strike as a social right in the 47th Article.

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Thus, there was a wait for the law to be enacted in parliament. The results lkoavt the 15 October election were surprising. Although the CHP won the election with 36 per cent of the votes, this was insufficient to establish a one-party government. Worker demonstrations were unusual before in Turkey.

From tothe government pressure, legal restrictions and the organizational weakness of unions meant that trade unions did not mobilized workers to demonstrate. With the Constitution, however, came a relatively free political atmosphere that encouraged different vr groups to use demonstrations to voice their demands in the public sphere. Until the collective bargaining and strike law was enacted in parliament intrade unions mobilized workers to demonstrate and take other actions to demand the rights promised in the Constitution.

About 5, workers walked barefoot and male workers were unshaved. On 17 December, 3, workers marched silently in Kocaeli for the right to strike and demanded a labour law. The governor of Istanbul, however, was against the rally. Preparations for the rally drew press attention, and newspapers reported disputes about it.

The largest worker demonstration in Turkey took place on 31 Decemberand was attended by more thanloksvt from Turkish cities and industrial regions.

The main demand was for the right to strike, and the spirit of the meeting was embodied in an illustration on a placard: A well-built worker at a table carries a Turkish flag in one hand and hits the table with his other hand.

Some men wearing neckties are around the table. At the bottom is written: The parliament is in session, but for what? Is nobody interested in us? On 5 May, the Senate held a session about the problem of unemployment.

Toplu is sozlesmesi grev ve lokavt kanunu – sendikalar kanunu – is …

This law is a necessity of the constitution. It must be included in the new government programme. In the next few days I will bring a draft for the collective bargaining and strike law before the cabinet. We must take care of these issues before long. If strike and collective bargaining are allowed, I am certain that workers will not resort to demonstrations.

That would be a major success. But you do not listen to me. We must find middle ground. Labour movements have been escalating lately. Now is not the time for it. We are going through a period of crisis.

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Let us not continue with such movements. We have found that Mr. Thalmayer did not keep his work here within the boundaries of his expertise and consultancy, that he moved past it towards active unionism by participating in marches and playing a role in organizing them, however advisory that may be. However, it would take more than a year to enact the draft bill. The last influential worker action before the enactment of the collective bargaining and strike law was the Kavel strike.

Kavel was a cable factory in Istanbul that employed about workers. Ironically, the firm declared a lockout despite the fact that neither strike nor lockout was legal yet. The strike and occupation continued for 35 days, even though once police attacked the workers and arrested several of them. In addition, the International Mine Federation supported the Kavel strike by publishing brochures to inform international labour organizations about the resistance Sosyal Adalet The Kavel strike incited further public debate about labour problems.

Ecevit added an Article to the draft bill to ensure the release of the arrested strikers in Kavel. We do not want to be reduced to that. If there is to be the right to strike, of course there will also be the right to lockout.

Holdings: Grev ve lokavt fonu yönetmeliği

At last, Law no. The Senate passed it in July and it appeared in the Gazette on 24 July There are different views about the enactment of Law No. TIP and unionists connected with the party interpreted the Law as a retreat from the 47th Article of the Constitution since the exercise of the right to strike was restricted and lockout was permissible by the Law Sosyal Adalet According to TIPlockout was in conflict with the Constitution. Despite minor criticism, it is widely accepted by scholars that Law no.

Scholars, however, debate which factors and dynamics led to the enactment of this law. Rozaliyev argues that the enactment of the law was the result of the struggle of the working class, and adds: According to him, it is impossible to ignore that Law no. According to Keyder, the relatively improved situation of labour rights in Turkey, when compared with other countries with similar conditions, was the result of the top-down reformist tradition of Turkish bureaucracy and of the historical development of social democracy throughout the world.

For Sungur Savran, the efforts of the CHP to gain the support of the working class had an impact on the enactment of Law no. However, from a more general perspective, he emphasizes the compounding effect of the worldwide development of labour rights Savran, However, the specific shape such achievements took was circumscribed by actual political developments. The arguments presented kanknu indicate several factors that effected the enactment of Law no.

I grevv that, in fact, each of these factors had an impact to a greater or lesser extent. What this meant was, the right to strike was not going to be realized anytime soon and it was postponed until after the MBK rule. Esteemed friends, the continued existence of the Turkish people today, as it was yesterday, is made possible by safeguarding the functionality of the Western democracy against the ideology and democracy of Marxism, by recognizing social greg and freedoms.