What is a strike and what is an illegal strike?
A strike is a temporary, voluntary and organized work stoppage of employees in order to achieve their demands during a labor dispute settlement. The employees’ representative organization, which is a party to the dispute and has the right to conduct collective negotiation, shall coordinate and lead this strike.
There are 6 types of illegal strikes, which can be defined as those which:
(i) Do not fall within the definition of a legal strike in accordance with Article 199 of the 2019 Labor Code.
(ii) Are not coordinated by the employees’ representative organizations.
(iii) Violate the regulations on procedures and formalities to conduct strikes in accordance with the 2019 Labor Code.
(iv) Are collective labor disputes which are being settled by the competent agencies, organizations and individuals pursuant to the 2019 Labor Code.
(v) Take place in cases where strikes are prohibited in accordance with Article 209 of the 2019 Labor Code.
(vi) Are postponed or canceled by the competent authorities in accordance with Article 210 of the 2019 Labor Code.
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