Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Türkiye (Ratification: 1952)

The Committee notes the Government's report and the information that it supplied to the Conference Committee in June 1988 and the subsequent discussion. The Committee also notes the conclusions of the Committee on Freedom of Association in the cases that it has examined concerning Turkey (260th Report, November 1988), in so far as they relate to the application of the Convention and it notes the observations supplied by the Turkish Confederation of Employers (TISK) and the Confederation of Turkish Trade Unions (TURK-IS).

In its previous comments, the Committee expressed its concern regarding two problems relating to the Turkish legislation on collective bargaining, namely the numerical requirements set out for trade unions to be allowed to negotiate a collective agreement (section 12 of Act No. 2822) and the procedure for postponing a strike and for compulsory arbitration in certain specified cases (section 33 of Act No. 2822). The Committee has examined with interest the amendments made by Acts Nos. 3449 and 3451, which improve the legislation in certain respects. However, it is bound to note that the situation remains unchanged with regard to the two provisions referred to above.

The Government states that it is convinced that there are no grounds of a legal or practical nature for amending the provision that lays down the double numerical requirement, and bases its view essentially on the following arguments:

- this requirement reflects "national conditions";

- it has not been criticised by the other social partners;

- it has made it possible to establish powerful trade unions, with sufficient human and material resources to represent their members effectively.

With regard to the provisions imposing compulsory arbitration in certain situations, the Government emphasises, firstly, that this procedure has only been imposed once since 1983 and, secondly, that:

- it applies only in exceptional cases (when the health of the population or national security are endangered), and only if the exceptional circumstances continue;

- the law provides for the possibility of an appeal to the administrative appeal tribunal;

- agreement can always be reached during the period of postponement;

- the tripartite composition of the Supreme Arbitration Board guarantees the balanced nature of its decisions.

The Committee notes with regret the position adopted by the Government and urges it to amend the legislation in order to encourage and promote the full development and utilisation of voluntary negotiation between workers' and employers' organisations for the conclusion of collective agreements, so that terms and conditions of employment can be regulated in this way in accordance with Article 4 of the Convention.

It urges the Government to indicate in its next report the measures that are envisaged, firstly, to grant trade unions, which do not represent 50 per cent of the workers in an enterprise or 10 per cent of the workers in a sector of activity, the right to negotiate collectively terms and conditions of employment, at least on behalf of their own members and, secondly, to restrict the application of the compulsory arbitration procedure established by the legislation in cases where a work stoppage due to a strike would endanger the life, personal safety or health of the whole or part of the population.

Furthermore, in view of the continuing ambiguity in this respect, the Committee requests the Government to indicate whether, in the terms of the Convention, public servants covered by the Convention, namely those who are not engaged in the administration of the State, enjoy the right to organise and to negotiate freely their terms and conditions of employment, and it requests the Government to supply with its next report the legislative texts and regulations relating to this matter.