Precedent-setting ruling on strike at the Italian High School: Court of Appeal confirms 'strike-breaking' occurred

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Cenk BAŞBOĞAOĞLU

Collective bargaining agreement (TİS) negotiations conducted at the workplace level between the Tez-Koop-İş Union and the management of the Italian High School had ended in a deadlock.

Following the failure of the mediation process, the union initiated a legal strike as of February 2, 2026, and 14 teachers working at the high school actively participated in the strike and stopped working.

26 Teachers Appointed to Replace Striking Teachers 

While the strike was ongoing, a notable administrative action was taken in line with the high school management's application and the request of the Istanbul Provincial Directorate of National Education. 

Based on a letter dated March 5, 2026, from the General Directorate of Private Education Institutions under the Ministry of National Education, 26 teachers with civil servant status were temporarily assigned to replace the 14 striking teachers. With these assigned teachers starting classes on March 23, 2026, the union sought legal recourse on the grounds that the strike, a constitutional right, was being neutralized by administrative measures. The union filed a lawsuit for the "determination of strike-breaking actions," stating that there was a violation of Article 68 of Law No. 6356. "determination of strike-breaking actions" lawsuit.

High School Management Held the Ministry Responsible

Attorneys for the defendant, the Italian High School, denied the allegations of strike-breaking in their defense at court. They argued that the teacher assignment process was not a unilateral action by the high school, but an administrative act established ex officio by the Ministry of National Education and the Governor's Office to ensure the continuity of public service and protect the students' right to education. The high school's attorneys requested the dismissal of the case, stating that the dispute fell under the jurisdiction of administrative courts and that a lawful balance had been established between the right to education and the right to strike.

Ruling in Favor of the Union from the 26th Civil Chamber of the Regional Court of Justice 

The court of first instance, the Istanbul 4th Labor Court, had ruled at the end of its proceedings that the school management "had engaged in strike-breaking actions." decision. 

Reviewing the file upon the high school management's appeal, the 26th Civil Chamber of the Istanbul Regional Court of Justice found no procedural or substantive violations of the law in the local court's decision in its ruling dated July 17, 2026, numbered 2026/1356.

In the reasoning for its decision, the Court of Appeal emphasized that striking is a constitutional right and stated that it was clearly understood that the appointments made by the District Directorate of National Education to replace the striking teachers were "of a nature that obstructs the implementation of a legal strike." Therefore, the court panel unanimously decided to reject the defendant school's appeal on its merits.

News Source: Cenk Başboğaoğlu