NEWSLETTER-2019-metin

299 LABOR LAW pose, an authorized workers’ syndicate shall make and implement the decision, certain deadlines shall be obeyed, and there shall be no ban in the relevant branch of work. In addition, the strike should be the last option in order to sustain the collective bargaining process. Actions, such as quitting the job, slowing down the work, decreas- ing the efficiency, condemnation, striking with a political purpose, and taking collective leave that does not meet the abovementioned require- ments, are considered to be illegal. In the event of an illegal strike, the employer may terminate the employment contracts with just cause of the workers who participate in the strike decision and/or strike itself, or who encourage the participation and/or the continuation of the strike. In addition, if any kind of damage occur due to this illegal strike, the employer shall be compensated by the syndicate that decided to strike, or, if the illegal strike was made without any workers’ organization, or by the workers participating in the strike. Article 78 of the SCLAL also regulates administrative fines for illegal strikes. Conclusion In the Turkish legal system, universal rights arising from the col- lective labor law are protected by the Constitution. Employees and employers may execute a CLA in order to provide for regularity in working life, and to ensure stability and peace. Employers are obliged to apply the provisions of the CLA, except for those provision related to wages and financial aid, to all workers in the workplace; otherwise, they may have to pay compensation for violating the principle of equal treatment. In addition, employers cannot discriminate between their workers due to their syndicate activities, and cannot terminate employ- ment contracts; otherwise, they may be faced with syndicate compen- sation. If a dispute occurs during the CLA’s process, and if the parties cannot resolve the dispute in a peaceful way, the workers can make a legal strike in order to force their employers to accept their demands that are appropriate for their professional purposes. The employer may terminate the employment contracts of the workers and may demand compensation for losses he/she suffered only if the strike is illegal. All of these arrangements aim to prevent the CLA process from being prolonged and from the misuse of the right to strike; whereas, to seek a conclusion of the process in a healthy manner.