Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Türkiye (Ratification: 1993)

Article 2 of the Convention. Right of workers, to establish and join organizations. In its previous comments, the Committee had noted that section 7(d) of Act No. 4688, as amended in 2012, requires that trade union statutes provide the place of residence of the founders of an organization to the office of the Governor of the province in order to be incorporated. The Committee had noted in its previous comment the Government’s indication that incomplete information does not affect the establishment of the union or the acquisition of legal personality. As the Government once again has not supplied the practical information previously requested, the Committee urges the Government to provide information on the manner in which section 7(d) of Act No. 4688 is applied and whether this has given rise to any claims or complaints with respect to delays, difficulties in registration or harassment, and what, if any, steps the Government has taken in this regard.

Article 3. Right of workers’ organizations to elect their representatives in full freedom and to organize their activities. In its previous comments, the Committee had noted that section 10 of Act No. 4688, at its last paragraph, provides that in case of non-respect of legal requirements concerning meetings and decisions of general assemblies, the union executives are removed from office by decision of labour court upon the application made by one of the members or by the Ministry of Labour. The Committee recalls that any removal or suspension of trade union officers which is not the result of an internal decision of the trade union, a vote by the members or normal judicial proceedings, seriously interferes in the exercise of trade union office. The Committee therefore once again requests the Government to review the last paragraph of section 10 of Act No. 4688 in consultation with the social partners and to inform the Committee of the measures taken in this regard. The Committee further requests the Government to provide detailed information on any applications for removal from office filed by government officials against union executives.

Right to strike. The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) which the Government sent with its 2015 report, alleging that the preconditions for lawful industrial action, meetings and demonstrations and announcements to the press are constantly being made more stringent and efforts are made to change standard meeting places and itineraries. The Committee requests the Government to provide its comments thereon.

The Committee had previously noted that section 58 of the Law on Trade Unions and Collective Labour Agreements (Act No. 6356) restricted lawful strikes to disputes during collective bargaining negotiations and had requested the Government to indicate the manner in which protest action, sympathy strikes and other means of legitimate industrial action are protected. The Committee notes that the Government reiterates that Law No. 5982 Amending Certain Provisions of the Constitution repealed the seventh paragraph of article 54 of the Constitution prohibiting politically motivated strikes and lockouts, solidarity strikes and lockouts, occupation of work premises, go-slows and other forms of obstruction, without however providing the information requested by the Committee. The Committee therefore once again requests the Government to indicate specifically the manner in which protest action, sympathy strikes and other means of legitimate industrial action are protected, in line with the constitutional amendment.

Determination of minimum service. In its previous comment, the Committee had noted that section 65 of Act No. 6356 grants the authority of determining a minimum service in the event of industrial action unilaterally to the employer and had requested the Government to review this provision with a view to ensure that workers’ organizations are able to participate in the determination of a required minimum service at the workplace, and that failing agreement the matter may be referred to an independent body that has the confidence of the parties. The Committee notes that the Government reiterates that no provision in the law forbids or impedes the consultation and prior agreement between the employer and the workers’ representatives on the required minimum service before the announcement is made by the employer; and that the competent trade union has the right to challenge the employer’s decision before the courts for a final determination. The Committee once again recalls in this regard that in order to promote the participation of the union in the determination of a minimum service in the event of industrial action, it would be important for the Government to clearly provide for such participation in the law, rather than granting this authority unilaterally to the employer. The Committee therefore once again requests the Government to take steps to review this provision in consultation with the social partners with a view to its amendment, and to provide information on any developments in this regard.

Public sector. In its previous comment, the Committee had noted that the public service in the broad sense of the term is prohibited from taking industrial action, and that the Public Employees Act No. 657 and Act No. 6111 provide disciplinary sanctions for such action. The Committee notes in this regard the Confederation of Public Employees Trade Unions (KESK) observations received on 4 September 2015 alleging that the ban on industrial action in public sector covers a very broad class of workers, whose number amounts to 3 million. In view of the principle that public servants who are not exercising authority in the name of the State should be able to carry out their activities, including industrial action, without sanction, the Committee had requested the Government to review the legislation. The Committee notes with regret that the Government has not provided any information concerning any measures envisaged or taken in this regard. The Committee therefore once again requests the Government to review the legislation concerning public service workers with the relevant social partners with a view to its amendment, so as to ensure that the ban on industrial action is limited to public servants exercising authority in the name of the State and those working in essential services.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]