Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee takes note of the information provided in the Government's latest report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) and the Turkish Confederation of Employer Associations (TISK). It further notes the statement made by the Government representative at the Conference Committee in June 1996 and the discussion which took place thereafter. Finally, the Committee notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1810 and 1830 (303rd Report of the Committee, approved by the Governing Body at its 265th Session (March 1996)).

1. Articles 1 and 3 of the Convention. The Committee notes the comments made by TURK-IS that, although section 31 of the Trade Unions Act appears to provide adequate protection against anti-union discrimination, the lack of job security and of effective sanctions render this provision insufficient. In this regard, the Committee notes the Government's statement that once the studies aimed at ensuring conformity with the provisions of Convention No. 158, recently ratified by Turkey, have been concluded, it will provide the Committee with the necessary information on the issue. The Committee would ask the Government to indicate in its next report the progress made in this regard, as well as any other measures taken to guarantee workers more effective protection against acts of anti-union discrimination.

2. Article 4. With regard to the dual criteria for determining representative trade unions for collective bargaining purposes, the Committee notes the statement made by the Government representative at the 1996 Conference Committee to the effect that endeavours to abolish this requirement had failed because of the objections raised by TURK-IS and TISK. The Government representative added, however, that efforts would continue in this direction and that, with the establishment of the tripartite Economic and Social Council, the question of criteria for selecting representatives would be debated extensively and brought to a satisfactory conclusion. In its latest report, the Government has indicated that a Bill to amend Act No. 2822 on collective agreements, strikes and lockouts, proposes lifting the stipulation that a trade union represent at least 10 per cent of workers in a branch in order to have bargaining status. The Committee notes this information and requests the Government to indicate, in its next report, any progress made in reducing this dual requirement and thus promoting the fuller development and utilization of machinery for the voluntary bargaining of collective agreements in accordance with Article 4.

3. As concerns the denial of collective bargaining rights of public servants not engaged in the administration of the State, the Committee notes the statement by the Government representative at the 1996 Conference Committee that efforts were being made to draft legislation to regulate the trade union rights of public servants in accordance with the new amendments in the Turkish Constitution and the corresponding principles envisaged in Convention No. 151. In its latest report, however, the Government states its understanding, based on the French version of the text, that this Convention is not applicable to state officials. In this regard, the Committee would draw the Government's attention to paragraph 200 of its 1994 General Survey on freedom of association and collective bargaining where it has indicated that the distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided by the Convention. Noting from the Government's first report under Convention No. 151 that a Bill regulating the trade union rights of civil servants generally has been prepared and submitted to the Turkish Grand National Assembly, the Committee hopes that this draft legislation will contain provisions which are in accordance with Convention No. 98.

4. As regards its previous comments concerning compulsory arbitration under section 33 of Act No. 2822, the Committee is pursuing this matter in its examination of the application of Convention No. 87 by Turkey.

5. The Committee would once again remind the Government that ILO technical assistance is available if it so desires to facilitate overcoming the obstacles to the full implementation of the Convention noted above.