Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the information provided by the Government representative to the Conference Committee in June 1995 and the discussions of that Committee.

The Committee also notes the comments made by the Confederation of Turkish Trade Unions (TURK-IS) relating to the insufficiently dissuasive nature of sanctions against anti-union discrimination, the prohibition upon federations and confederations from participating in collective bargaining and the compulsory arbitration imposed under the terms of Act No. 3218 of 15 June 1985 for ten years in free trade zones. The Confederation of Progressive Trade Unions of Turkey (DISK) made comments on the denial of the right to bargain collectively as a result of the over-stringent requirements set out in law as regards the criteria of representativity and also on the compulsory arbitration that has been imposed since 1985 in free trade zones. The Turkish Confederation of Employer Associations (TISK) considers, however, that the Convention is properly applied in Turkey.

The Committee recalls that for several years its comments have related to the requirements concerning the membership of trade unions, under which they are only authorized to negotiate collectively if they represent at least ten per cent of the workers in a branch and over half of the workers in an establishment; the denial of the right of public servants to bargain collectively other than those engaged in the administration of the State; and the imposition of compulsory arbitration in collective disputes which do not prejudice essential services.

1. With regard to the minimum requirement for membership of a trade union to be able to negotiate collectively, the Committee notes the information reiterated by a Government representative to the Conference Committee to the effect the abolition of the requirement that ten per cent of the workers in a branch must be members is still under examination, despite the objections raised by the organizations of employers and workers (TISK and TURK-IS).

However, the Committee notes that DISK in its comments criticizes these provisions, which have the effect of denying many workers the right to negotiate their terms and conditions of employment with employers. The Committee therefore reminds the Government that measures have to be taken to reduce the numerical requirements set out in the legislation and thereby allow the fuller development and utilization of machinery for the voluntary bargaining of collective agreements, in accordance with Article 4 of the Convention.

2. With regard to the denial of the collective bargaining rights of public servants not engaged in the administration of the State, the Committee notes the constitutional amendments published in the Official Gazette on 25 July 1995 and in particular article 53(2) and (3) of the Constitution, which lays down the right of public servants to establish associations and to collective bargaining in accordance with a special law that will govern this matter. The Committee expresses the firm hope that legislation will be adopted in the near future under this provision and that it will contain provisions which are in accordance with the requirements of Conventions Nos. 98 and 151, which have been ratified by Turkey.

3. As regards compulsory arbitration, the Committee notes that the Government representative maintains the Government's position that Act No. 2822, section 33, which imposes such arbitration, is not in contradiction with the principles of the Committee. He emphasized that the wording of this provision concerning cases that are likely to be prejudicial to public health or national security are fully in conformity with the position of the Committee of Experts. Furthermore, any government decision is subject to the supervision of the independent judiciary. The interested parties can also have recourse to voluntary arbitration at any time. Finally, the Government can withdraw its decision if the circumstances justifying it no longer existed.

The Committee notes this information, but it once again recalls that legislation should limit recourse to compulsory arbitration to essential services in the strict sense of the term. Consequently, in the Committee's view, Act No. 2822, section 33, should only apply to services the interruption of which would endanger the life, safety and health of the whole or part of the population. The Committee therefore requests the Government to take the necessary measures rapidly to limit the scope of section 33.

4. In view of the fact that the important problems described in this observation have been raised for several years, the Committee, while noting with interest certain developments at the constitutional level, considers it necessary to remind the Government that the assistance of the Office is at its disposal to facilitate the removal of the obstacles which are preventing the Convention from being fully applied.

5. The Committee also notes that the Government has not provided its observations on the comments made by TURK-IS and DISK on the application of the Convention. The Government sent its report on the application of the Convention during the present session of the Committee. The latter does not doubt that the Government has replied to some of the questions raised above. It will examine the Government's report during its next meeting. In order to complete the information at its disposal, the Committee requests the Government to reply to all the points raised by the two confederations in its next report.

[The Government is asked to report in detail in 1996.]