Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Türkiye (Ratification: 1993)

The Committee notes the Government’s report and the observations made by the Turkish Confederation of Employers’ Associations (TİSK), the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Confederation of Public Employees’ Trade Unions (KESK), transmitted by the Government.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the Economic and Social Council, the Labour Assembly and the Tripartite Consultation Board are the most important social dialogue mechanisms put forward in the framework of the Convention. The Committee notes that the Tripartite Consultative Board has discussed legislative bills during its meetings. In 2013 and 2014, discussions were held on regulations for the implementation of temporary employment relationships via private employment agencies; however, an agreement could not be reached among the social partners. In its observations, referring to the single meeting of the Tripartite Consultation Board held in 2012 when more sessions are usually held per year, TİSK indicates that it would have been of benefit if the Board, whose purpose is to meet to carry out effective consultations, had been convened more frequently when legislation profoundly affecting working life was passed. TİSK indicates that the Government has taken initial steps in connection with the Private Employment Agencies Convention, 1997 (No. 181), and that it is planning to introduce statutory provisions, in cooperation with the social partners in the Tripartite Consultation Board, to allow private employment agencies to establish temporary employment relationships. TÜRK-İŞ and KESK are of the view that the Tripartite Consultation Board did not carry out any effective work on fundamental issues in the period under review, adding that legislative bills were prepared without taking into account the views of the workers’ organizations. KESK further indicates that the Government made no effort to consult the social partners on the application of ILO Conventions (Article 5(1)(d)). The Committee requests the Government to provide specific information on the tripartite consultations held within the Tripartite Consultative Board on the matters concerning international labour standards covered by the Convention (Article 5(1)). The Committee refers to its comments on the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and invites the Government to provide information on consultations relating to the re examination of unratified Conventions, such as the Private Employment Agencies Convention, 1997 (No. 181) (Article 5(1)(c)).