1982 Anayasasında Sendika Kurma Hakkı ve Sınırlanması

Abstract

1982 Constitution recognizes the right to form trade unions in article 51. According to the article 51, employees and employers have the right to form unions and higher organizations, without prior permission, in order to safeguard and develop their economic and social rights and the interests of their members in their labour relations. Thus, the Constitution guarantees the right to form trade unions as a consequence of the right of association, which is essential to a democratic society. On the other hand, article 51 of the Constitution includes a set of limitations regarding the right to form trade unions. According to the article 51, the right to form a union might be restricted on the grounds of national security, public order, prevention of commission of crime, public health, public morals and protecting the rights and freedoms of others. The limitations should be solely fixed by law. The Constitution recognizes civil servants' right to form trade unions as well. However the scope, exceptions and limits of the rights of civil servants who do not have a worker status should be prescribed by law in line with the characteristics of their services. This essay analyzes the right to form trade unions and it's limitation in regard with the right of association which deserves special protection in democratic countries. The scope and limits of this right have been discussed in the light of the relevant jurisprudence of the Constitutional Court.