Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), communicated with the Government’s report. In its observations, TÜRK-İŞ indicates that the Tripartite Consultative Board does not meet regularly, despite the Tripartite Consultative Board Directive providing that the Board shall meet three times per year and may also hold additional extraordinary meetings, as needed. Moreover, TÜRK-İŞ maintains that the manner in which the representatives of workers’ organizations are selected to the Board is not in compliance with Article 1 of the Convention, as those selected must be the “most representative organisations of employers and workers enjoying the right of freedom of association”, whereas section 4 of the Regulations of the Board provides for the selection of the top three worker confederations with the most members. The Committee requests the Government to provide its comments in this respect.

Article 5(1). Effective tripartite consultations. The Government indicates in its report that social dialogue in Turkey includes all types of negotiation, consultation and exchanges of information between representatives of government, employers and workers on issues of common interest relating to economic and social policy. It reiterates its previous comments that the Economic and Social Council, the Labour Assembly and the Tripartite Consultative Board are the most important social dialogue mechanisms in Turkey for purposes of the Convention. The Committee notes the information provided by the Government on the meetings held by these three tripartite bodies during the reporting period. In addition, it notes that, in 2014, a fourth tripartite body, the Committee of National Employment Strategy, started meeting twice per year, in June and December. With respect to consultations on matters relating to international labour standards covered by the Convention, more specifically in connection with the re examination of unratified Conventions (Article 5(1)(c)), the Government indicates that the Turkish Employment Agency (İŞKUR) considers Turkish legislation to be in line with the provisions of the Private Employment Agencies Convention, 1997 (No. 181), but has indicated that this issue must be negotiated with the social partners. In this context, the Government refers to national legislation establishing temporary business relationships through private employment agencies, Act No. 6715, which entered into force in May 2016. With respect to tripartite discussions on other matters relating to international labour standards under Article 5(1) of the Convention, the Committee refers to its previous comments, in which it noted the observations of workers’ organizations, in which the Confederation of Public Employees’ Trade Unions indicated that the Government had made no effort to consult the social partners on the application of ILO Conventions. The Committee therefore requests the Government to provide more detailed information on the specific content and outcome of tripartite consultations held on each of the matters related to international labour standards set out in Article 5(1) of the Convention, including on the re examination of unratified Conventions (Article 5(1)(c)) and on questions arising out of reports to be made under article 22 of the ILO Constitution (Article 5(1)(d)). The Committee also refers to its comments made in 2015 on the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and invites the Government to continue to provide information on the consultations held with the social partners concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181), which would involve the immediate denunciation of Convention No. 96.