AYM General Assembly discussed the CHP’s cancellation application and resolved it. 13 and 54 of the Constitution of the Supreme Court, the expression of ‘economic and financial stability of metropolitan municipalities in urban services, banking services in the banking services’, which is stated in Article 63 of the Trade Unions Law No. 6356 and the Collective Bargaining Agreement between the conditions of postponing the strike and lockout for 60 days. It unanimously decided that it was against the third article.
“VERY IMPORTANT FOR THE WORKING OF DEMOCRACY”
It was pointed out that, on the grounds of the annulment decision published in the current issue of the Official Gazette, a restriction was imposed on the right to strike by allowing a statutory strike or lockout to be postponed. Emphasizing that the restriction imposed on this right, which is important for the functioning of democracy, must meet a compulsory social need, it was said:
“Banking services and urban public transportation services are not essential public services that are vital for the society accepted by the International Labor Organization. It is always possible for a strike in banking services to affect a certain level of economic and financial stability.
“LIMITATION OF THE RIGHT OF STRIKE CANNOT BE ACCEPTED”
In a sector that cannot be considered as a basic service in a democratic society, it is unacceptable to limit the right to strike afforded by the Constitution with economic concerns. In cases where the right to strike is not recognized, freedom of association and the right to collective bargaining have no meaning.
In this respect, the limitation imposed on the postponement of a legal strike that has been decided or started in the city public transportation services and banking services of the metropolitan municipalities, which is not vital for the society, is not compatible with the requirements of the democratic social order. ” (DHA)
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