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

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

The Committee takes note of the information provided by the Government in its first and subsequent reports. It also takes note of the communications from the Turkish Confederation of Employer Associations (TISK) and the Confederation of Trade Unions of Turkey (TÜRK-IS). Moreover, the Committee takes note of the communications from TÜRK-IS and KAMU-SEN received at the Office on 22 October 2003. It requests the Government to communicate its observations on the content of these communications in its next report.

Article 1 of the Convention. National policy. In its communication, TÜRK-IS indicates that despite the fact that Article 1 of the Convention provides that each Member undertakes to pursue a national policy designed to ensure the effective abolition of child labour, no national policy is being pursued in Turkey, and the number of child workers is increasing daily. TÜRK-IS adds that a national policy geared to eliminating child labour can be effective in eliminating the reasons for child labour by increasing the employment of adults and providing job security. However, government practice is not designed on those lines. The Committee requests the Government to provide its observations in respect of these comments.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee had noted the information provided by the Government in its first report to the effect that it envisages using the flexibility clause contained in Article 4 to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the labour legislation. The Committee had also noted that the organizations of employers and workers concerned were consulted in this respect and that a Bill on child labour was currently being drafted. The Committee had observed that the Government’s intention to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the labour legislation appeared to be overly vague and ambiguous.

The Committee notes that subsections (1) and (5) of section 5 of Labour Act No. 1475 excludes from its scope of application sea and air transport and work sites employing three persons or less which come under the definition of section 2 of the Law on Tradesmen and Artisans (Act No. 507). It points out that, according to Article 5, paragraph 3, of the Convention, sea and air transport is one of the branches of economic activity for which the provisions of Convention No. 138 should be applied. Therefore, sea and air transport cannot be excluded from the scope of Convention No. 138. Moreover, the Committee recalls that Article 4 of the Convention allows exclusion only for limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requests the Government to indicate, for each of the categories of employment excluded, the reasons for which it wishes to exclude them from the application of the Convention (special and substantial problems of application). Moreover, the Committee asks the Government to supply more detailed information on the consultations that have taken place with the social partners on this matter.

In its communication, TÜRK-IS indicates that Convention No. 138 should cover all children without exception. TÜRK-IS also indicates that the national legislation of Turkey does not contain any provision concerning the minimum age at which children working in plantations and agricultural undertakings producing for commercial purposes are admitted to employment. In reply to TÜRK-IS’ comments, the Government states that the provisions of the Convention do not apply to work included in section 5 of Labour Act No. 1475 of 1971. However, a draft Bill on the establishment of the minimum age for admission to employment and for the employment of young persons under the age of 18 years is being elaborated and will include agricultural works in the scope of the new Act, as well as other works excluded from the scope of application of Labour Act No. 1475. The organizations of employers and workers were consulted in this respect.

The Committee observes that the scope of application of the draft Bill covers the types of work in industry, commerce, agriculture, forestry, fishing and maritime commerce in which young persons under 18 years of age may be employed including in apprenticeship and/or vocational training, work in open outdoor areas, domestic services and artistic activities in which young people and children may be employed, work in reform schools for children and work carried out for the purpose of other vocational rehabilitation. The draft Bill also stipulates that its scope of application does not apply to work performed in schools and on courses for the purpose of acquiring skills in the fine and visual arts and in the fields of music and sport; activities such as scouting and participation in campaigns focusing on assistance and social activities; and domestic work which is performed and shared in the home with a view to meeting the family’s needs and which is not geared to economic advantage. The Committee trusts that the draft Bill will be adopted shortly and requests the Government to provide information in this regard.

Article 9, paragraph 1. Appropriate penalties. In its communication, TÜRK-IS indicates that the penalty for violation of section 67 of Labour Act No. 1475 (minimum age for employment or work) is laid down in section 100 (major fine of not less than turk lirasi 45,000 and not more than turk lirasi 225,000). However, this sanction is far from ensuring the effective enforcement of the provision of the Convention, as required by Article 9, paragraph 1, of the Convention. The Committee asks the Government to reply to these comments made by TÜRK-IS.

The Committee is also addressing a direct request to the Government on other detailed points.