Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Türkiye (Ratification: 1998)

The Committee notes the information provided by the Government in its reports. It notes with interest that Turkey has prolonged its cooperation with ILO/IPEC until September 2006 within the framework of a Time-Bound Programme (TBP).

Article 3, paragraph 1, of the Convention. Minimum age for admission to hazardous work. The Committee notes that section 78 of Labour Act No. 1475 of 1971 stipulates that children under 16 shall not be employed in arduous or dangerous work. According to certain sections of the Labour Act, the employment or work of young persons under the age of 18 years is prohibited for different types of activities, for example sections 68 (underground and underwater work) and 69 (night work). The Committee also notes that under the terms of section 2 of the Regulations on Heavy and Dangerous Work of 1973 (Decree No. 716/74), it is prohibited to employ minors under 16 years of age in heavy or dangerous work. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It observes that, in accordance with the provisions indicated above, the minimum age for admission to hazardous work is 16 years instead of 18 years, as required under the Convention. Moreover, the Committee reminds the Government that Article 3, paragraph 3, of the Convention permits, under strict conditions of protection and prior instruction or vocational training, employment or work as from the age of 16 years. It also reminds the Government that this provision of the Convention deals with limited exceptions to the rule (of prohibiting hazardous work to young persons under 18 years), and not an overall permission to undertake hazardous work as from 16 years of age. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed or work in hazardous work.

Paragraph 3. Authorization to work as from the age of 16 years. The Committee notes that section 1 of the Regulations on Heavy and Dangerous Work of 1973, defines the types of work to be considered as heavy and dangerous, and the types of work in which minors of between 16 and 18 years of age may be employed. The Committee also notes that according to the Government’s first report and section 3 of the Regulations, a medical certificate shall be obtained upon the recruitment of minors of between 16 and 18 years of age who are to be employed from the age of 16 years in heavy or dangerous work. The Committee recalls that Article 3, paragraph 3, of the Convention not only lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected but also, that the young persons concerned receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention.

Article 7, paragraph 3. Determination of light work. The Committee notes that by virtue of section 67 of the Labour Act, children who have completed 13 years of age may be employed in light work which could not endanger their health and development or interfere with their education or hamper their opportunities of following vocational guidance and training programmes. The Committee reminds the Government that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It accordingly requests the Government to supply information on the types of light work activities that are permitted for children who have completed 13 years of age, and the conditions in which such employment or work may be undertaken. It also asks the Government to provide the relevant legislative texts in this respect.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its reports that no use has been made of the exceptions permitted by this Article. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 15 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee also requests the Government to provide information on whether children under the age of 15 years appear in artistic performance activities in practice.

Part III of the report form. The Committee notes with interest that the Government provided with its first report a publication of the Labour Inspection Board entitled "Report on the implementation of labour inspection policy on child labour in Turkey", which contains ample information on the action programmes implemented by the Board of Labour Inspection within the framework of ILO/IPEC assistance. From this report it appears that the supervision of child labour has been improved, although two major problems remain. First, the Ministry of Labour and Social Security recognizes that "The … contributory factors are marginalizing child labourers and placing them beyond the official reach of the Inspectorate" (the above report, page 5). This reflects the fact that child labourers are often found in the sectors which the Labour Act excludes from its application (e.g. workplaces with three employees or less). Second, the system of inspection within the Ministry of Education on workplaces of apprentices "has not yet been fully developed" (idem.). The Committee asks the Government to continue supplying information on measures taken or envisaged in order to improve the application of legislative provisions on child labour, especially in sectors which fall outside the scope of the Labour Act.

Part V of the report form. The Committee notes the information in the Government’s reports providing a general appreciation of the application of the Convention, and according to which although the legislative provisions are in line with the Convention, child labour still exists in the informal sector and in rural areas. It also notes with interest the Government’s indication in its 2002 report that Act No. 4306 of 1997 increased the period of compulsory education from five to eight years. The Government indicates in its first report that IPEC activities have been and continue to be of fundamental importance in developing a better understanding of the problem, raising awareness and accumulating experiences in this domain. The Committee notes the efforts made by the Government so far with the assistance of the ILO/IPEC, and hopes it will continue this cooperation.

Moreover, the Committee notes the information provided by the Government in its 2003 report, according to which the Labour Inspection Department of the Ministry of Labour and Social Security commenced the project of "Elimination of the worst forms of child labour by the year 2003 in industrial occupational branches which are selected in the Province of Izmir". It also notes that, in the inspections which were carried out by the labour inspectors at 4,892 workplaces of shoemaking, auto-repairing and textiles, a total of 4,341 children were removed from their workplace and 3,509 were returned to continue their education. In addition, the Government indicates that, according to the Household Labour Force Survey carried out by the States Statistical Institute (SST), the percentage of employed children aged between 12-14 years old was 26.4 per cent in 1998 and dropped to 11.3 per cent in 2000. The Committee requests the Government to continue providing information on the practical application of the Convention, including extracts from the reports of the inspection services, school enrolment and attendance data and information concerning the number and nature of the contraventions reported, as well as sanctions imposed.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.