Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Türkiye (Ratification: 1961)

With reference to its previous comments, the Committee notes the explanations provided by the Government concerning Article 1, paragraph 4, and Article 2, paragraph 3, of the Convention.

Article 1, paragraph 1. The Committee notes that, according to the Government, the provisions of Decree No. 88/13168, of 18 July 1988, cover contracts awarded by public establishments for construction, services, earth-moving and for the transport of materials, supplies or equipment and the performance and supply of services, as set out in Article 1, paragraph 1(c)(ii) and (iii). However, as regards the manufacture and assembly of materials (activities referred to in Article 1, paragraph 1(c)(ii)), these activities lie within the scope of Labour Law No. 1475. The Committee recalls that the provisions of the Convention apply to all contracts to which at least one of the parties is a public authority in respect of the activities mentioned in Article 1, paragraph 1(c). The Committee therefore hopes that the Government will take the necessary measures to ensure that the labour clauses referred to in Article 2 of the Convention are included in public contracts for all the activities laid down in Article 1, paragraph 1(c)(ii) and (iii) of the Convention.

Article 5. The Committee notes the information concerning the various sanctions laid down in Labour Law No. 1475 in the event of violations of provisions concerning conditions of labour in general. The Committee also notes that section 5 of Decree No. 88/13168 provides for the application of sanctions to employers who do not respect the general conditions of labour set out by this Decree. Nevertheless, the Government has not indicated the sanctions laid down for violations of the labour clauses in public contracts. The Committee therefore hopes that the Government will examine the adoption of sanctions such as the refusal to enter into contracts in the event of violations in the application of labour clauses included in public contracts.

Point V of the report form. The Committee notes that the Government is not able to supply information concerning the number of public contracts and the number of workers covered by these contracts since such information is not available. The Committee hopes that the Government will soon be able to gather this information and transmit it.

The Committee also notes the comments made by the Confederation of Employers' Associations indicating that there have been no particular problems to report as regards the application of the Convention.