Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes that the Government's report has not been received. It notes the Government's observations, dated January 1997, on the communication of the Confederation of Turkish Trade Unions (TURK-IS) of June 1996.

The Committee observes that TURK-IS, in its observation, refers to repeated comments by the Conference Committee on the Application of Standards, by the Committee on Freedom of Association and by the Committee of Experts. The main points raised are in relation to persistent divergencies in law and practice.

The Committee notes that the Government in its comments states that Bills prepared to bring the legislation into conformity with the ratified Conventions had been returned to the Ministry of Labour for review and revision; they will be submitted to the social partners for consideration before being reintroduced. The Committee also notes that, during the discussion on Convention No. 87, the Government representative at the Conference Committee in June 1997 mentioned various Bills and amendments currently under examination, especially as regards the right of public servants to negotiate collectively.

1. Articles 1 and 3 of the Convention. The Committee in its previous observations had noted the comments by TURK-IS on the insufficient protection against acts of anti-union discrimination. It notes that, in its more recent observations, TURK-IS states that, under Trade Union Act No. 2821, in case of discrimination at the time of recruitment the legal fine is too low and the burden of proof rests with the worker. There is no effective protection against dismissal, legal compensation (one year of wages) being very rarely granted and reinstatement being impossible under current legislation -- except for shop stewards. As for trade union officials -- except shop stewards, they are not adequately protected against transfers or dismissals. The Committee once more urges the Government to take the necessary measures in the near future to amend its legislation to ensure effective protection of workers against all acts of anti-union discrimination (including dismissal) in accordance with the Convention. The Committee requests the Government to give full and detailed information in its next report on the measures taken and the progress made.

2. Article 4. The Committee notes that TURK-IS mentioned in its observations a number of limitations on collective bargaining (confederations are barred from collective bargaining, industry-wide bargaining is not admitted, only one collective agreement is allowed at a given level, ceilings are imposed on various indemnities, there is a 60-day time-limit for bargaining, etc.). In its previous comments, the Committee had also noted the Government's intention to change the existing dual criteria of representativity currently provided for in legislation.

The Committee asks the Government to give detailed information in its next report on the measures taken to set aside the limitations and to encourage and promote voluntary collective negotiations in accordance with Article 4.

3. As concerns the denial of collective bargaining rights of public servants, the Committee notes that a Bill had been prepared which granted public servants the right to organize their unions and negotiate collectively with the administration as regards their salaries and working conditions and that the Bill had been submitted after consultation with the social partners to the Council of Ministers in May 1997. The Committee once more expresses the firm hope that the legislation will be enacted in the near future under the national constitutional provision (article 53, as amended) which lays down the right of public servants to establish associations and to bargain collectively and stipulates that this right is to be regulated by law.

It asks the Government to communicate in its next report precise information on any progress in the matter and to send a copy of the Bill as soon as it is adopted.

The Committee also asks the Government to send precise information on the right of association and particularly of collective bargaining of public employees who are not civil servants and contract personnel in public economic enterprises and other employees of public bodies.

4. The Committee had, in its previous observations, commented on compulsory arbitration. The Committee is addressing this point under Convention No. 87.

The Committee notes that, in order to further trade, Act No. 3218 of June 1985 on Free Trade Zones provides that, if negotiations failed, the dispute was to be referred to compulsory arbitration for a period of ten years from the inception of the free trade zone. The Committee asks the Government to give full information on the right to collective bargaining in the export processing zones.

The Committee requests the Government to give full and detailed information in its next report on the points raised above. It also once more asks the Government to consider availing itself of the assistance of the Office to remove the obstacles which prevent the Convention from being fully applied.

[The Government is asked to report in detail in 1998.]