Labour Relations (Public Service) Convention, 1978 (No. 151) - Türkiye (Ratification: 1993)

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

The Committee notes the observations made by the Confederation of Public Employees’ Trade Unions (KESK) received on 1 September 2014 and the Government’s response thereto, as well as the observations from the KESK under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 4 September 2015 touching upon some elements of this Convention. It further notes the obervations of the Turkish Confederation of Employers’ Associations (TİSK) on the application of the Convention received on 19 November 2014.

Article 4 of the Convention. Acts of anti-union discrimination. In its previous comments, the Committee, having noted that Act No. 4688 (Public Servants Employees’ Unions Act) did not comport sufficiently dissuasive sanctions, had requested the Government to provide information on cases in which sanctions to enforce provisions prohibiting anti-union discrimination had been imposed. The Committee notes the Government’s indication that such acts are penalized by section 118 of the Penal Code (Act No. 5237) which provides for penalties of imprisonment. The Government further refers to circulars that have been published on the non-obstruction of trade union activities and provides a copy.

As regards KESK’s specific allegations that disciplinary inquiries are regularly carried out against its members and leaders, the Government states that all cases were brought before the courts on charges of terrorism and that none of the unionists have appealed to the Ministry of Labour and Social Security alleging that the investigations have taken place due to their trade union activity. The Committee further notes, however, a number of detailed allegations made by the KESK related to anti-union treatment, mobbing, dismissals and disciplinary actions, which it claims were targeted at its members in a variety of public services. The Committee requests the Government to provide specific information in reply to the KESK observations.

Article 7. Procedures for determining terms and conditions of employment. The Committee notes with interest the Government’s indication that following the Constitutional amendment adopted by the referendum on 12 September 2010, the right to conclude collective agreements was granted to public agents. The Government adds that, as a result, amendments were made to Act No. 4688 by Act No. 6289 of 11 April 2012 which ensures a system of free collective bargaining for public servants. While the KESK raises concerns about the use of compulsory arbitration, the Government indicates that such a system is only used once the procedures for collective bargaining have failed. The Committee requests the Government to provide information on the number of collective agreements concluded in the public service since the introduction of the amendments to Act No. 4688 and their overall coverage.

Finally, with regard to the procedure of collective bargaining in the public service as regards public servants not engaged in the administration of the State, the Committee refers to its observation on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the report provided by the Government in reply to its previous comments on Act No. 4688 on Public Servants Trade Unions and the amendments that have been made by Act No. 6289 on Public Servants’ Unions and Collective Agreement. The Committee further notes the substantial comments submitted by the Confederation of Public Employees Trade Unions (KESK) in Turkish in communications received on 1 September 2014. The Committee requests the Government to provide its observations on the KESK comments.

[The Government is asked to report in detail in 2015.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments submitted by the Confederation of Public Employees Trade Unions (KESK) in communications dated 31 August 2007, 1 September 2008, 20 August 2009 and 28 August 2010; the Turkish Public Employers’ Union Confederation (TÜRKIYE KAMU-SEN) in a communication dated 15 September 2009; and the Turkish Confederation of Employer Associations (TİSK) in a communication dated 28 August 2010 and the Independent Confederation of Civil Servants Union (BASK) dated 11 October 2010. The Committee notes the Government’s reply to the comments submitted by KESK in communications dated 2 September 2006 and 31 August 2007. It requests the Government to submit its observations on the remaining above-noted comments.

Article 1 of the Convention. Acts of anti-union discrimination. In its previous comments, the Committee had pointed out that section 18 of Act No. 4688 (Public Servants Trade Unions Act), while generally prohibiting acts of anti-union discrimination, did not impose sufficiently dissuasive sanctions and requested the Government to transmit any provisions containing sufficiently dissuasive sanctions to enforce section 18 of the Act and to provide information on any cases in which such sanctions have been applied. The Committee observes that the Government had submitted information on the relevant legislative provisions sanctioning acts of anti-union discrimination and that this information had been duly noted by the Committee in its comments on application of Convention No. 98 in 2008. The Committee regrets, however, that no information has been provided by the Government on cases in which sanctions to enforce provisions prohibiting anti-union discrimination have been imposed and therefore reiterates its request.

Article 4. Collective bargaining. The Committee recalls that it in previous comments, it noted that sections 3(a) and 15 of Act No. 4688 denied several categories of public servants the right to organize and consequently the right to collective bargaining, as the definition of a public employee in section 3(a) refers only to those who are permanently employed and have finished their trial periods and section 15 lists a number of public employees (such as lawyers, civilian civil servants at the Ministry of National Defence and the Turkish armed forces, etc.) who are prohibited from joining trade unions. The Committee notes the Government’s intention to amend Act No. 4688 following the entry into force, on 12 September 2010, of the Law amending the Constitution. The Committee once again recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants employed in government ministries and other comparable bodies, as well as ancillary staff) who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey on Freedom of Association and Collective Bargaining, 1994, paragraph 200). The Committee trusts that Act No. 4688 will be soon amended and that the final text will take fully into account its comments above.

Finally, with regard to the procedure of collective bargaining in the public service, the Committee refers to its observation on the application of Convention No. 98.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information in the reports communicated by the Government on 8 March and 6 October 2005, and 19 July 2006 as well as the comments submitted by the following organizations: the Confederation of Public Employees Trade Unions (KESK), the Turkish Public Employers’ Union Confederation (TÜRKIYE KAMU-SEN), and the Union of All Municipality Civil Servants (TUM BEL-SEN). The Committee also notes that both the joint complaint made by KESK and Tum bel-Sen, dated 2 February 2005, and the allegations made by TÜRKIYE KAMU-SEN, dated 9 February 2006, concern the application of Conventions Nos. 98 and 151 within the context of Turkish law, specifically as they involve  Public Employees’ Trade Union Act No. 4688

1. Article 1 of the Convention. Acts of anti-union discrimination. In previous comments, the Committee had pointed out that Section 18 of Act No. 4688, while generally prohibiting acts of anti-union discrimination, does not impose any sufficiently dissuasive sanctions. Concurrently, both the Türkiye Kamu-Sen, in its most recent report, and the International Confederation of Free Trade Unions (ICFTU), in a previous report, pointed to a number of instances in which public employees, as trade union members or officers, suffered various acts of anti-union discrimination. The Government indicates that any violation of Article 18 does afford the representative legal recourse; the Committee notes however that it does not define what the sanctions may be imposed, nor give instances where sanctions have been used. Recalling that legal standards are inadequate if they are not coupled, notably, with sufficiently dissuasive sanctions to ensure their application, the Committee requests the Government to submit with its next report the text of any provisions containing sufficiently dissuasive sanctions to enforce Article 18 of Act No. 4688, and to provide information on any cases in which sanctions have been applied.

2. Article 4. Collective bargaining. The Committee notes that the comments submitted by TÜrkiye Kamu-Sen on 10 November 2004, claim that the 9 October 2004 decision by the Arbitration Board in the framework of the collective bargaining between the Public Employer Board and the Turkish Public Employers’ Union Confederation was made without the consent of both parties, as it was made outside the proper procedures as defined in Article 35 of Act No. 4688. The Committee equally notes the Government’s response indicating that the Reconciliation Board declared its final decision on 8 October 2004 only after the two parties had reached a partial agreement. Given the divergence between TÜrkiye Kamu-Sen’s version of these events and that of the Government the Committee reminds the Government that, where both parties have relied on a legislatively predetermined procedural mechanism for arbitration, and that procedure has not been followed and yet a final and binding decision is nonetheless handed down, this goes against the free and voluntary nature of arbitration and runs counter to the principles of the Convention. Therefore, the Committee stresses that in cases such as this, priority should be given to collective bargaining, arbitration should be voluntary, and the parties should always retain the option of returning to the bargaining table (see General Survey on freedom of association and collective bargaining, 1994, paragraph 259).

3. In previous comments, the Committee has looked at sections 3(a) and 15 of Act No. 4688, which denies several categories of public servants the right to organize and consequently the right to collective bargaining. The definition of a public employee in section 3(a) refers only to those who are permanently employed and have finished their trial periods. Section 15 lists a number of public employees (such as lawyers, civilian civil servants at the Ministry of National Defence and the Turkish armed forces, etc.) who are prohibited from joining trade unions. The Committee recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants employed in government ministries and other comparable bodies, as well as ancillary staff) who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey, op. cit., paragraph 200). Therefore, the Committee requests the Government to revise sections 3(a) and 15 of Act No. 4688, taking into account the considerations made above and to keep it informed of developments in this regard.

The Committee deals with other matters connected to the application of the Convention in its observation on the application of Conventions Nos. 87 and 98.

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

The Committee takes note of the comments of the KESK affiliate Union of All Municipality and Local Administrative Services Employees (TÜM BEL SEN), dated 2 February 2005 as well as the Government’s observations thereon. It also takes note of the Government’s observations on the comments made by the Turkish Confederation of Public Workers’ Associations (TURKIYE KAMU-SEN) on 10 November 2004, with regard to the collective bargaining process in the public sector. As these issues are closely linked to the matters already under examination in the context of the application of Conventions Nos. 98 and 151, the Committee will examine these comments at its next meeting, in the framework of the regular reporting cycle, along with the Government’s report which is due in 2006.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the information provided in the report communicated by the Government as well as the comments, attached to the report, made by the following organizations: the Confederation of Public Employees of Turkey (TURKIYE KAMU-SEN) and the Confederation of Turkish Trade Unions (TURK-IS). The Committee notes that Act No. 5198 has amended some provisions of Act No. 4688 on public employees’ trade unions and that a draft bill amending Act No. 4688 further is under way.

Articles 1 and 4 of the Convention. The Committee refers the Government to its comments under Convention No. 98 concerning the draft bill under which the definition of public employees will be revised and the exclusion from the scope of Act No. 4688 will be limited to public employees holding positions of trust. It also refers the Government to its comments under Convention No. 98 concerning the protection against acts of anti-union discrimination.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It also takes note of the observations made by the Turkish Union of Public Employees in the Education, Training and Science Services Sector.

The Committee notes the adoption of the Public Employees’ Trade Union Act, No. 4688. In this respect, it refers the Government to its comments on Conventions Nos. 87 and 98.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. However, it notes the Government’s communication dated 28 September 2001 in reply to comments made by the Trade Union of All Labour and Social Security Employees (TUM SOSYAL-SEN) in a communication dated 23 February 2001.

In its previous comments the Committee had noted that the draft Bill regulating the trade union rights of public servants was to be debated again by parliamentary committees and Parliament together in a plenary session and requested the Government to indicate any progress made in this regard. In this respect, the Committee had requested the Government to reply to comments furnished by the Energy, Road, Construction, Infrastructure, Title Deed Land Survey Public Sector Employees’ Trade Union on the draft Bill on Public Servants’ Trade Unions.

The Committee notes that in its communication, the Government indicates that the Public Employees’ Trade Unions Act No. 4688 was adopted on 25 June 2001. Regarding the issue of salary disparities amongst public employees, the Government indicates the adoption of Decree No. 631 of 4 July 2001.

The Committee proposes to examine the conformity of the Public Employees’ Trade Unions Act No. 4688 and of the Decree No. 631 of 4 July 2001, in one of the working languages of the ILO with the provisions of the Convention at its next meeting.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. It also notes the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Trade Unions of Turkey (TÜRK-IS).

The Committee notes the Government's statement that the Bill regulating the trade union rights of public servants was submitted to Parliament leading to the adoption of half of its proposed provisions. However, due to the requests of the opposition parties and some of the public servants' unions for its revision, the adoption process was suspended. The draft Bill now stands to be debated again by the parliamentary committees and Parliament together in a plenary session.

Meanwhile, the Prime Minister's Office issued a circular dated 5 August 1999 concerning the public servants' unions which issued the following instructions to all the central and local administrative units:

... not to prevent public servants from organizing unions and confederations; not to interfere with the legitimate union activities by using the power of law enforcement; not to subject union executives and members to disciplinary proceedings for their union-related activities; not to hinder the convening of unions' general congress; not to restrict or ban the publication of informative documents about their organizations and activities; to deduct membership dues from the public servants' salaries, upon the written application of the members concerned, and deposit the dues in the union's bank account indicated by the union headquarters; to provide office space, within the available means, to enable the unions to carry out their activities and a billboard for the union-related announcements to be posted; and to take account of their opinions and proposals by establishing dialogue where necessary and to seek ways for cooperation.

The Committee takes note of this information. It trusts that the Bill regulating the trade union rights of public servants will be adopted in the near future and will ensure the application of the provisions of this Convention. It requests the Government to indicate in its next report any progress made in this regard. In this respect, the Committee requests the Government to reply to the comments furnished by the Energy, Road, Construction, Infrastructure, Title Deed Land Survey Public Sector Employees' Trade Union on the draft Bill on Public Servants' Trade Unions.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its report. It also takes note of the observations made by the Turkish Confederation of Employer Associations, the Confederation of Trade Unions of Turkey (TURK-I_) and the Energy, Road, Construction, Infrastructure, Title Deed Land Survey Public Sector Employees' Trade Union.

Further to the Committee's previous comments on the absence of legislation concerning the right to organize of civil servants, the Government indicates that a Bill regulating the trade union rights of civil servants is under active consideration of the Government. However, there has been considerable delay with regard to the adoption of this Bill due to the various changes in government that have taken place since 1994. The Government nevertheless expects this Bill to be resubmitted to Parliament shortly. In the meantime, it points out that section 22 of Law No. 657 on Civil Servants has been amended by Law No. 4275 of 12 June 1997 to enable civil servants to establish and join trade unions and higher-level organizations.

The Committee takes note of this information. It hopes that the Bill regulating the trade union rights of civil servants will be submitted to Parliament and adopted in the near future. The Committee requests the Government to indicate in its next report the progress made in this regard and to transmit a copy of the Bill once it has been adopted. The Committee hopes that this Bill will ensure the application of the provisions of this Convention. In this respect, the Committee requests the Government to reply to the comments furnished by the Energy, Road, Construction, Infrastructure, Title Deed Land Survey Public Sector Employees' Trade Union on the draft Bill on Public Servants' Trade Unions.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee noted that the Government's report was received during the meeting of the Committee but after its examination of the application of the Convention. Its previous direct request read as follows:

The Committee had taken note of the information provided in the Government's first report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) in communications dated 18 February 1994 and by the Confederation of Progressive Trade Unions of Turkey (DISK) in a communication dated 24 February 1995. It also notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1810 and 1830 (303rd Report of the Committee, approved by the Governing Body at its 265th Session (March 1996)).

The Committee notes with interest that article 53 of the Constitution has been amended by Act No. 4121 of 23 July 1995 amending the Constitution so as to enable trade unions of public servants to engage in collective bargaining with the Administration.

The Committee notes, however, that civil servants are not included within the scope of article 51 of the Constitution concerning the right to organize nor are they covered by Act No. 2821 respecting trade unions. It notes the Government's indication that a Bill regulating the trade union rights of civil servants has been prepared and submitted to the Turkish Grand National Assembly. The Committee hopes that this Bill will be adopted in the near future and that it will ensure the application of the provisions of this Convention and requests the Government to indicate in its next report the progress made in this regard and to transmit a copy of the Bill once it has been adopted.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee takes note of the information provided in the Government's first report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) in communications dated 18 February 1994 and by the Confederation of Progressive Trade Unions of Turkey (DISK) in a communication dated 24 February 1995. It also notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1810 and 1830 (303rd Report of the Committee, approved by the Governing Body at its 265th Session (March 1996)).

The Committee notes with interest that article 53 of the Constitution has been amended by Act No. 4121 of 23 July 1995 amending the Constitution so as to enable trade unions of public servants to engage in collective bargaining with the Administration.

The Committee notes, however, that civil servants are not included within the scope of article 51 of the Constitution concerning the right to organize nor are they covered by Act No. 2821 respecting trade unions. It notes the Government's indication that a Bill regulating the trade union rights of civil servants has been prepared and submitted to the Turkish Grand National Assembly. The Committee hopes that this Bill will be adopted in the near future and that it will ensure the application of the provisions of this Convention and requests the Government to indicate in its next report the progress made in this regard and to transmit a copy of the Bill once it has been adopted.