A lockout is defined as the collective dismissal of workers by an employer or an employer's representative, either on their own initiative or following a decision by an employer organization, resulting in a complete halt of activities in the workplace. This process involves the employer closing the workplace and suspending the employment contracts of the workers to achieve desired outcomes during collective labor negotiations. A lockout serves as a tool for employers in response to worker strikes and plays a significant role in collective bargaining agreements.

A legal lockout occurs when a dispute arises during collective bargaining negotiations and the workers' union decides to strike, leading the employer to temporarily close the workplace. Characteristics of a legal lockout include a professional purpose, compliance with legal procedures, and the absence of a lockout ban or obstacle. Certain legal conditions must be met for a legal lockout to be implemented. These conditions ensure that the employer's lockout decision is based on a legal foundation and maintains the legitimacy of the lockout.

1.     Professional Purpose: The implementation of a lockout must have a professional aim, typically used as a pressure tool by the employer to achieve their demands in collective bargaining negotiations.

2.     Compliance with Legal Procedures: The lockout decision must be taken and implemented in accordance with relevant legal procedures, ensuring that the employer acts within the bounds of the law and protects the rights of the workers.

3.     Absence of a Lockout Ban or Obstacle: For a legal lockout to be applied, there must be no legal lockout ban or obstacle, indicating that the employer has met all legal requirements when deciding on the lockout.

During a legal lockout, the rights and obligations arising from the employment contracts of the affected workers are suspended, and the workers cannot work elsewhere during this period. While employees are exempt from their obligation to work, employers are also temporarily relieved of their obligation to pay wages. However, mutual obligations of care and loyalty continue. Employers are not allowed to hire other workers, either permanently or temporarily, to replace the locked-out workers during the legal lockout.

·       Rights: The rights of employees arising from their employment contracts are suspended during the lockout but are reinstated once the lockout ends. Employees are prohibited from working elsewhere during the lockout and must wait for the employer to reinstate their jobs.

·       Obligations: Employees are exempt from their obligation to work during the lockout. However, their obligations of loyalty and care continue. They should refrain from activities that could harm the employer's interests during the lockout.

·       Rights: Employers are exempt from the obligation to pay wages and the workers' obligation to work is suspended during the legal lockout. Employers cannot hire other workers to replace the locked-out workers during the lockout.

·       Obligations: Employers are required to protect the rights of workers during the lockout and must reinstate them once the lockout ends. Additionally, employers must maintain essential services such as security and maintenance in the workplace during the lockout.

When the lockout ends, the obligations arising from the suspended employment contracts are reinstated. Workers resume their obligation to work, and employers must begin paying wages again. However, if the employer fails to provide jobs to all workers or delays in doing so, this behavior may be considered an illegal lockout.

Upon the end of the lockout, all rights and obligations arising from the employment contracts of employees and employers are reactivated. Workers return to their jobs and fulfill their work obligations, while employers resume their wage payment responsibilities. If the employer does not provide jobs to all workers after the lockout ends, this action is deemed an illegal lockout and may be subject to legal sanctions.

An illegal lockout is defined as a lockout implemented without a professional purpose, not in accordance with legal procedures, or despite the presence of a lockout ban or obstacle. In the case of an illegal lockout, the employer is required to fully compensate the workers for all their rights arising from the employment contract during the lockout period and cover any damages they incurred. Workers have the right to terminate their employment contracts with just cause within 6 business days from the day they learn of the illegal lockout or, in any case, within 1 year from the end of the illegal lockout.

·       Employer's Obligations: In the event of an illegal lockout, the employer must fully compensate the workers for all their rights during the lockout period and cover any incurred damages. This provision aims to prevent employers from unfairly harming workers through illegal lockouts.

·       Employees' Rights: Workers have the right to terminate their employment contracts with just cause within 6 business days from the day they learn of the illegal lockout or within 1 year from the end of the illegal lockout. During the continuation of the illegal lockout, the 6-day period does not run, ensuring the protection of workers' rights.