Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

In its previous comments, the Committee noted the communications from the Turkish Confederation of Employer Associations (TISK), the Confederation of Trade Unions of Turkey (TÜRK-IS) and KAMU-SEN. The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) and the information provided by the Government in its report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy. In its communication, TÜRK-IS indicated 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 of this type was being pursued in Turkey, and the number of child workers was increasing daily. TÜRK-IS added that the effectiveness of a national policy to eliminate child labour depends entirely on the elimination of the causes of child labour, namely the improvement of employment and the employment stability of adults. However, government policy was not designed along those lines. The Committee requested the Government to provide its observations on these comments.

The Committee notes with interest that according to the General Survey of 2005 on labour inspection (paragraph 51), six action programmes on child labour within the IPEC framework were implemented by the labour inspectorate in the Turkish Ministry of Labour and Social Security between 1994 and 2003, and 108 labour inspectors worked full time on child labour issues in order to fill the information gap existing in this field. It also notes the detailed information provided by the Government in its report, particularly with regard to the programmes of action implemented in collaboration with ILO/IPEC. In particular, it notes that, in addition to the elimination of the worst forms of child labour within ten years, one of the objectives of the national Time-Bound Policy and Programme Framework (TBPPF) is also to establish a coherent policy for the elimination of child labour. In this respect, it notes that the Child Labour Unit (CLU), established by the Ministry of Labour and Social Security with a mandate to gather and disseminate information on child labour, ensure coordination among cooperating parties and develop policies related to child labour, has developed a Policy Framework for the Elimination of Child Labour in Turkey. This Policy Framework was presented for comment to the various parties concerned by child labour, including the public. According to the Government, the Policy Framework reviews the present situation in relation to child labour, ILO/IPEC activities and the various strategies adopted to combat child labour. The Committee requests the Government to provide information on the Policy Framework, with particular reference to the policies developed for the elimination of child labour. It also requests the Government to provide a copy of the Policy Framework for the Elimination of Child Labour in Turkey when it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted the intention expressed by the Government in its first report to make use of 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 national labour legislation. The Committee observed that the Government’s expressed intention appeared to be overly vague and ambiguous. Moreover, the Committee noted that, in its communication, TÜRK-IS indicated that Convention No. 138 should cover all children without exception. TÜRK-IS also indicated that the national legislation in Turkey does not contain any provision concerning the minimum age from which children may work in plantations and commercial agricultural enterprises. In reply to the comments by TÜRK-IS, the Government indicated that a bill to establish the minimum age for admission to employment and to determine the conditions of employment of young persons under 18 years of age was under preparation. According to the Government, the bill would cover agricultural work, as well as other types of work excluded from the application of the Labour Act. It also added that the organizations of employers and workers had been consulted in this respect.

The Committee notes the information provided by the Government to the effect that the categories of employment or work which have been excluded from the scope of application of the Convention consist of limited categories of employment or work. It also notes that, under the terms of section 4(1) of the Labour Act, No. 4857 of 22 May 2003 (hereinafter the Labour Act), the following activities and categories of workers are not covered by the Act: (a) sea and air transport businesses; (b) enterprises carrying out agricultural and forestry works and employing fewer than 50 workers; (c) all building work related to agriculture within the limits of the family economy; and (e) domestic service. However, it notes that section 4(2) of the Act provides that the following activities are covered by its provisions: (a) loading and unloading from ships; (b) work performed on the ground facilities of civil aviation; and (c) construction work in agricultural enterprises. The Committee also notes the information provided by the Government that the Act on Turkish civil aviation regulates the working conditions of personnel on aircraft and that the minimum age for admission is 18 years. The Government adds that the Maritime Labour Act No. 854 regulates sea transport activities, but does not contain a provision establishing the minimum age for admission to employment or work. Finally, the Committee notes that, according to the information available in the ILO, a new law, Act No. 5395 on the protection of children, was adopted on 3 July 2005. This new Act is reported to supplement the Labour Code for the categories of employment or work excluded from the Code which are referred to above.

The Committee once again reminds the Government that Article 5, paragraph 3, of Convention No. 138 enumerates the sectors of economic activity to which the Convention shall be applicable as a minimum, which include maritime transport. Accordingly, this sector cannot be excluded from the scope of application of the Convention. The Committee requests the Government to provide information on the effect given to Act No. 5395 on the protection of children in relation to the categories of employment or work excluded from the scope of the Labour Code and to provide a copy of the above Act. It also requests the Government to indicate the minimum age for admission to employment or work in the maritime sector.

Article 9, paragraph 1. Appropriate penalties. The Committee noted previously the indication by TÜRK-IS that the penalties established for breaches of the Labour Act, particularly with regard to the minimum age for admission to employment or work, are far from ensuring the effective enforcement of the provisions of the Convention, as required by Article 9, paragraph 1, of the Convention. The Committee requested the Government to reply to the comments made by TÜRK-IS. In this respect, the Committee notes with interest the detailed information provided by the Government concerning the new penalties established by the Labour Act of 2003 for violations of the provisions on the minimum age for admission to employment or work.

Part V of the report form. Application of the Convention in practice. In its communication, the ICFTU indicates that, according to the National Statistics Institute (SSI), over 1 million children were working in September 2002. Nevertheless, it would appear that this number is falling. Indeed, according to a study carried out by ILO/IPEC, entitled "Gender, education and child labour in Turkey" published in 2004, the official estimates of the number of working children are 510,000. The Committee is concerned at the situation of children who are compelled to work in Turkey through personal necessity. While noting the measures adopted by the Government to eliminate child labour, it encourages it to redouble its efforts to progressively improve this situation and requests it to provide detailed information on measures taken in this regard.

The Committee is also addressing a request directly to the Government on other precise points.