Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Türkiye (Ratification: 1946)

The Committee notes the information and statistics provided by the Government and the observations made by the Confederation of Turkish Employers' Associations and the Confederation of Turkish Trade Unions on the application of the Convention.

1. In reply to the Committee's comments, the Government confirms that any disease which is not mentioned in the schedule annexed to the Regulations of 3 July 1985 may nevertheless be recognized as an occupational disease by the Higher Medical Social Insurance Council and that the schedule of pathological manifestations is of an indicative, not of a restrictive nature. On this subject, the Confederation of Turkish Employers' Associations also indicates that the compensation of occupational diseases is not subject to a restrictive approach and that Turkey has opted for a dual system composed of a schedule of occupational diseases and the possibility of considering diseases which are not included in the schedule as occupational diseases, in accordance with section 65 of the above Regulations. However, the Confederation of Turkish Trade Unions draws attention to the low number of occupational diseases reported (1,055 cases in 1997). According to the Confederation, this figure demonstrates that the system for the determination of occupational diseases is not adequate, particularly due to the insufficient numbers of medical personnel, the failure to undertake the necessary examinations and the lack of awareness and insufficient training of medical personnel in this field.

The Committee notes this information. It considers that it would be desirable, in order to prevent any ambiguity, that on the occasion of a future revision of the relevant legislation the Government should take all the necessary measures to add a provision to the legislation clearly indicating that the schedule of pathological manifestations is of an indicative nature (section 129 of Act No. 506 respecting social insurance, to which the Government refers on this matter, concerns the composition of the Higher Medical Social Insurance Council). Furthermore, the Committee would be grateful if the Government would provide detailed information in its next report with regard to the concerns expressed by the Confederation of Turkish Trade Unions concerning the inadequacy of the system for the recognition of occupational diseases.

2. With reference to its previous comments, the Committee notes with interest the Government's statement to the effect that the Regulations of 3 July 1985 establish, for each type of disease, a minimum duration of exposure to the hazard determined in the light of current scientific knowledge, and not a duration determined in a general manner for all the listed occupational diseases.