Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes the information supplied by the Government to the Conference Committee in 1991 and the extensive discussion which followed, as well as the communications of the Turkish Railways Workers Trade Union (Demiryol-Is) and of Public Services International (PSI) of May and June 1991. It further notes in particular the conclusions of the Committee on Freedom of Association in Cases Nos. 997, 999 and 1029 (282nd Report) and Nos. 1582 and 1583 (281st Report) concerning Turkey, approved by the Governing Body at its February-March 1992 Session.

The Committee has expressed for many years its concern regarding two problems arising from the Turkish legislation on collective bargaining: numerical requirements for trade unions to be allowed to negotiate a collective agreement and compulsory arbitration in certain cases. In its last observation, the Committee also recalled its principles concerning the rights of public servants.

The Committee notes with interest that, following the recent general election, the new Government announced its intention further to liberalise and democratise the current legislation in general and the labour legislation in particular. The Committee notes in particular that, according to the Government Programme presented in November 1991 before the Grand National Assembly: the new Constitution will institutionalise trade union rights in conformity with ILO standards; trade union rights and freedoms will be guaranteed to civil servants and other workers in the private sector, including those in the banking industry.

The Committee takes note of the firm commitment given by the Government which, if implemented, would bring the legislation into closer conformity with the requirements of the Convention. Noting that the advisory services of the ILO have been offered to the Government, the Committee strongly hopes that these stated intentions will rapidly be followed by legislative measures, in order to encourage and promote the full development and utilisation of voluntary negotiation between workers' and employers' organisations, so that terms and conditions of employment may be regulated in this way, in accordance with Article 4 of the Convention.