Limitation of Executive Authority in Strike Postponements

In Turkish Law, the executive body (formerly the Council of Ministers, currently the President) has been granted the authority to delay a legal strike for 60 days in extraordinary cases. It is not controversial that this intervention to strike, which is a constitutional right, should be used expendientially. To this end, the administrative decision must be effectively monitored by the judicial bodies and successful peaceful initiatives should be put in place during the postponement period. The authority to postpone, which entered the Turkish Law with the right to strike (1963), was very frequently and often inexpediently used by all political administrations in our country. Moreover, in the 1982 constitution, it was accepted that the dispute would be resolved by the High Arbitration Board, which is the mandatory arbitration body if the consensus could not be reached at the end of the postponement period. This situation further increased the importance of judicial review and peaceful solution initiatives. However, with the amendments made to the relevant law in recent years, new ones have been added to the reasons for postponement; the effectiveness of the administrative judiciary have decreased, and the peaceful solution initiatives have failed to exceed the level of routine practices. After collective bargaining agreements were concluded by the high arbitral tribunal, the individual applications that labor unions made to the Constitutional Court have also been naturally unable to solve the actual problem