Labour Inspection Convention, 1947 (No. 81) - Türkiye (Ratification: 1951)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1, 2(1) and 3(1)(a) and (b) of the Convention. Labour inspection in the informal economy. Following its previous comments on the activities of the labour inspectorate to address the problems in the informal economy, the Committee notes the statistics in the Government’s report, including on the number of inspections undertaken by the Social Security Institution (SSI) auditors and by the inspectors of the Directorate of Guidance and Inspection (DGI). In particular, the Government indicates that the inspections conducted by SSI auditors from 2016 to 2019 detected 86,193 unregistered workers and 35,623 unregistered workplaces, and the inspections of the DGI in the period 2010–19 have led to the identification of 7,201 unregistered workers in 2,496 workplaces and notifications to the SSI for necessary action to be taken. In addition, the Committee notes the Government’s indication that the inspections of the DGI in the period 2015–19 have led to the payment of outstanding wages to workers, in the amount of 511,541,906 Turkish lira (US$65,195,227). In its supplementary report, the Government indicates that, in the inspections of the DGI between 1 June 2019 and 31 May 2020, 19 unregistered employees were identified and notified to the SSI for necessary actions to be taken, and 82,215,446 lira (US$10,691,779) in employee benefits were paid. The Committee also welcomes that, according to information from the ILO Ankara Office, three separate training modules have been prepared and conducted in 2018 and 2019, for 303 SSI auditors, 280 labour inspectors and 207 judges, covering the formal employment of refugees and migrants, international labour standards and occupational safety and health (OSH). The Committee requests the Government to continue to provide information on the activities of the labour inspectorate related to the conditions of work and the protection of workers in the informal economy. In this regard, the Committee requests the Government to provide any statistics on workers who were registered with the SSI, following notification by the DGI, and on cases in which workers were paid outstanding salaries resulting from their employment relationship, following labour inspections.

Article 3(2). Additional duties entrusted to labour inspectors related to immigration. Following its previous comments on the activities of the labour inspectorate in relation to migrant workers in an irregular situation, the Committee notes the Government’s indication that, pursuant to section 23 of Act No. 6735 on International Labour Force, entered into force on 13 August 2016, labour inspectors inspect whether migrant workers and employers fulfil their duties arising under the Act. In this respect, the Government states that labour inspectors focus on whether migrant workers have work permits and whether their working conditions and working environments are in conformity with the relevant provisions. The Committee notes that, according to the Government, labour inspectors fined 106 workplaces employing migrant workers found to be in violation of the legislation during the reporting period. The Committee further notes with concern that labour inspectors fined 214 migrant workers and 301 self-employed migrant workers. The Government further indicates in its supplementary report that, between June 2019 and May 2020, 61 migrant workers were fined a total of 215,751 lira (US$27,381) and five self-employed migrant workers were fined a total of 33,932 lira (US$4,306), along with fines for 42 workplaces employing migrant workers in violation of the legislation. The Committee recalls that, in accordance with Article 3(1) of the Convention, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Article 3(2) also provides that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee further recalls that it indicated in its 2006 General Survey on labour inspection, paragraph 78, that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. In this respect, the Committee indicated, in its 2017 General Survey on certain OSH instruments, paragraph 452, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities. The Committee requests the Government to take measures to ensure that any duties entrusted to labour inspectors with respect to migrant employees or migrant self-employed do not interfere with the fundamental objective of securing the protection of workers, including those same migrant workers, in accordance with the primary duties set out in Article 3(1) of the Convention. The Committee also requests the Government to provide further information on the activities of labour inspectors in relation to migrant workers in an irregular situation, including on specific measures undertaken by the inspectorate to ensure the enforcement of their rights. In this respect, the Committee requests the Government to provide detailed information regarding the role and responsibilities of labour inspectors in the application of Act No. 6735 on International Labour Force, including the time and resources of the labour inspectorate that are allocated to these responsibilities in practice as a proportion of inspectors’ overall time and resources.

Article 4. Placement of labour inspection under the supervision and control of a central authority. The Committee notes that the Government indicates that the DGI was established, following the merging of the Ministry of Family and Social Policies and the Ministry of Labour and Social Security under the name of the Ministry of Family, Labour and Social Services. The Committee notes the Government’s statement that the inspection functions of the Labour Inspection Board have been abolished and transferred to the DGI, pursuant to sections 67 and 78 of Presidential Decree No. 1 on the Organization of the Presidency, as amended, and that no functions relating to the monitoring of OSH have been transferred to other ministries. The Committee takes note of this information.

Articles 5(a) and 9. Association of technical experts and specialists in a manner such as to ensure the effective application of the legal provisions relating to the protection of the safety and health of workers. Following its previous comments concerning the status and conditions of service of OSH experts and workplace physicians responsible for carrying out risk assessments in workplaces, the Committee notes the information provided by the Government in this respect, including section 6 of the OSH Risk Assessment Regulation concerning the procedure for risk assessments. The Committee takes note of this information.

Article 6. Status and conditions of service of labour inspectors. The Committee previously noted the reiterated observations made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) claiming that labour inspectors should enjoy total independence, and it requested details on the status and conditions of service of labour inspectors in relation to other comparable categories of public officials. In this regard, the Committee notes the information provided by the Government regarding the legislation governing the status as civil servants (the Civil Servants Law) and the conditions of service of labour inspectors, including compensation rates and career progression. Noting this information, the Committee requests the Government to continue to provide information on any developments affecting the conditions of service of labour inspectors, and once again requests the Government to provide information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants exercising similar functions within other government services, such as tax inspectors and the police.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK), communicated with the Government’s report and received on 29 September 2020, and the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN), communicated with the Government’s supplementary report.

COVID-19 measures. The Committee notes the Government’s indication in its supplementary report that the number of inspections decreased due to COVID-19, but that the labour inspectorate focused instead on the examination of applications for short-time working allowances (unemployment allowances provided following an application to reduce or suspend the employment period). The Government also indicates that labour inspectors informed employers, workers and OSH professionals about occupational safety and health (OSH) measures to protect against COVID-19 in the workplace. The Committee requests the Government to continue to provide information on developments in this regard.

Articles 3, 5(b), 10 and 16 of the Convention. OSH inspections, including in the mining sector and in relation to subcontracting situations. The Committee previously noted the concerns of several trade unions relating to OSH inspections, including their insufficient coverage, the widespread noncompliance with OSH requirements and the high incidence of occupational accidents and diseases. In this respect, the Committee notes the statistics provided in the Government’s report, including the number of workplaces and workers in the mining sector and in subcontracting situations, of OSH inspections undertaken in such workplaces and of occupational accidents and diseases recorded. The Committee notes that the total number of occupational accidents reported in 2017, 2018, and in the first five months of 2019 remain significant (359,653 in 2017; 430,769 in 2018 and 159,099 in the first five months of 2019) and that the total number of OSH inspections conducted was 10,804 in 2017, 12,649 in 2018 and 3,088 in all of 2019. The Committee also notes the observations of the International Trade Union Confederation (ITUC) on Conventions Nos 155, 167, 176 and 187, which allege that the number of fatal occupational accidents has increased in 2020, as well as the Government’s response that the number of accidents should not be examined in isolation, but should be evaluated over the years, against OSH conditions and the number of employees in the country. The Government indicates that OSH inspections, including in mining, decreased due to COVID-19. With regard to occupational accidents, the Committee refers the Government to its detailed comments adopted in 2020 on the OSH Conventions ratified by Turkey. The Committee requests the Government to indicate the reason for the 75 per cent decrease in the number of OSH inspections in 2019, and to continue to provide statistics on the number of OSH inspections conducted and of occupational accidents and diseases registered in workplaces overall, including the mining sector and workplaces with workers in subcontracting situations. In the absence of information in this regard, the Committee once again requests the Government to provide information about arrangements in place to ensure collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Articles 5(a), 7(3), 17 and 18. Effective enforcement of laws and regulations providing for sufficiently dissuasive penalties. Effective cooperation between the inspection services and the judicial system. The Committee takes due note of the statistics provided by the Government concerning the number of inspections conducted and the sanctions imposed in the period 2016–19. Nevertheless, the Committee notes an absence of information on the compliance strategy pursued to address the issue of effective enforcement of dissuasive sanctions, which had been discussed in 2015 by the Committee on the Application of Standards (CAS) of the International Labour Conference on the application of Convention No. 155. The Government indicates that, despite the increase in fines for non-compliance with the Occupational Health and Safety Law No. 6331, as amended by Act No. 6645 in 2015, the amount of administrative penalties applied per inspection during the period 2016–18 has decreased compared to 2014, and the Committee notes from the statistical information in the Government’s supplementary report that there was a further decrease from 2018 to 2019. The Committee also observes with concern that the total number of fines imposed (3,938 in 2016; 3,485 in 2017; 2,637 in 2018; and 470 in 2019) remains low compared to the number of OSH inspections effectuated in the period 2016–19 (14,287 in 2016; 10,804 in 2017 ;12,649 in 2018; and 3,088 in 2019), and the number of enterprises suspended as a result of OSH inspections has substantially declined (820 in 2016; 726 in 2017; 239 in 2018; and 49 in 2019). With regard to effective cooperation between the labour inspection services and the judiciary, the Committee notes that, according to information provided by the ILO Ankara Office, the training programmes provided to labour inspectors and auditors of the Social Security Institution (SSI) in 2018 and 2019 included a component on judicial processes, with the participation of judges from the Ministry of Justice. The Committee also notes the observations of the TISK regarding the participation in ITC–ILO training courses, in February 2020, of 40 labour inspectors and two judges from the Supreme Court and Turkish Academy of Justice. The Committee requests the Government to provide further information on the impact of the increase in fines introduced in 2015, particularly on compliance with OSH legislation, and to continue to provide statistics on fines and sanctions imposed, as compared to the number of violations detected. It also requests the Government to provide information on the reason for the more recent decrease in the number of fines imposed as well as for the decrease in the number of penalties applied per inspection. The Committee further requests the Government to continue to take the necessary measures to ensure effective cooperation between the inspection services and the judiciary and to provide information in this regard.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. Further to its previous comments, in which it noted a total of 974 labour inspectors, the Committee notes the Government’s indication in its supplementary report that, as of August 2020, there were 939 labour inspectors, and 91 Auditors employed in the Directorate of Guidance and Inspection of the Ministry of Family, Labour and Social Services, with plans to hire 80 new Assistant Labour Inspectors. The Committee also notes the statistics provided by the Government concerning the number of OSH and administrative inspections conducted per year for the period 2010–18. With regard to activities undertaken to combat child labour, the Committee welcomes the Government’s indications regarding training provided on this subject to labour inspectors and to auditors between 2017 and 2019 and the information provided on the workplaces where it was determined that children had been employed. The Committee also notes that, according to the Government’s supplementary report, some activities regarding child labour have been postponed due to the COVID-19 pandemic.

With regard to its request on ensuring that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions, the Committee notes the observations of the TISK, which consider that the number of labour inspectors has not sufficiently increased in the face of a rising number of workers and workplaces. According to the TISK, the determination of priority sectors and enterprises, with different inspection plans according to enterprises’ type and size, would also be necessary to make a more efficient use of resources. The MEMUR-SEN also considers that due to insufficient staff and insufficient amount of equipment, labour inspections cannot be carried out adequately. The Committee requests the Government to provide its comments in this regard. Observing that the number of labour inspectors has remained stable since its previous comments, the Committee also requests the Government to indicate the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, and to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the application of the relevant provisions. In addition, the Committee requests the Government to provide further information on the role of auditors in the labour inspection system, including their functions and powers. With respect to the monitoring of child labour, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Public Workers Associations (Türkiye Kamu-Sen), as well as the observations made by the Turkish Confederation of Employers’ Associations (TİSK), all received on 29 October 2015. The Committee also notes the additional observations made by the TİSK, transmitted with the Government’s report.

Articles 1, 2(1), 3(1)(a) and (b), 22 and 23 of the Convention. Labour inspection in the informal economy. In its previous comment, the Committee noted that the TÜRK-İŞ called for the labour inspectorate to address the persistent problems in the large informal occupational sector (such as the non-payment of minimum wages, the lack of registration of workers with the social security authorities and adverse subcontracting practices). In this respect, the Committee noted with interest the establishment of an information system which, according to the Government, would enable labour inspectors to have access to information from multiple institutions regarding unregistered workplaces and uninsured workers.

Concerning working conditions in the informal economy, the Committee notes the information provided by the Government and the TİSK in its 2015 observations concerning the various activities undertaken to address undeclared work, including awareness-raising activities (on the effects of undeclared employment on social security rights and obligations, etc.) and labour inspection visits, as well as the number of unregistered workplaces and uninsured workers discovered during inspections. The Committee requests that the Government continue to provide statistical information on such activities. The Committee also once again requests that the Government provide information on the results of such activities (which have not been provided), particularly the number of cases in which workers were registered with the social security authorities, the number of cases in which workers were paid outstanding salaries resulting from their past employment relationship, etc.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes from the statistics provided in the 2015 annual report of the labour inspection activities that in 2015 administrative fines were imposed on 75 migrant workers for working without the required permission or failing to notify as required under Law No. 4817.

In this regard, the Committee recalls that it emphasized, in paragraph 78 of its 2006 General Survey on labour inspection, that the primary function of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and not to enforce immigration law. The Committee further highlighted that, with the exception of a few countries, only the employer is held accountable for illegal employment as such, with the workers involved being regarded as victims. The Committee requests the Government to take measures to ensure that any activities carried out by the labour inspectorate with regard to the legality of employment should have as its objective the protection of workers. The Committee requests that the Government provide more detailed information on the results of the activities carried out by the labour inspectorate in the area of controlling the migrant workers in an irregular situation (including information on the detected violations and the legal provisions concerned, the number of legal proceedings initiated, the number of penalties imposed and, in particular, the number of decisions ordering employers to settle unpaid wages and other benefits).

The Committee also requests that the Government specify whether labour inspectors provide migrant workers with information on the manner in which they may obtain the rights to which they are entitled, and briefly describe the procedure (including its duration) when such cases are identified by the labour inspectorate. Moreover, please provide detailed information on the number and circumstances in which migrant workers in an irregular situation have obtained the actual payment of wage arrears and other benefits due to them by virtue of their employment.

Articles 4, 5(a) and 10. Placement of labour inspection under the supervision and control of a central authority and effective cooperation with other inspection services. In its previous comment, the Committee noted the observations made by the TİSK in 2007 on the transfer of inspection duties from the Ministry of Labour and Social Security to other ministries (the Ministry of Health, the Ministry of Defence, and the Ministry of Energy and Natural Resources) and to municipalities, thereby obstructing the central coordination of labour inspection activities, and the effective communication of labour inspection data. In this regard, the Committee notes the information provided by the Government in reply to the Committee’s request concerning the organizational structure of the labour inspection services under the Ministry of Labour and Social Security, and the clarification that no functions relating to the monitoring of occupational safety and health (OSH) have been transferred to other ministries. In this respect, the Committee also notes the detailed explanations provided by the TİSK in its 2015 observation concerning the labour inspection functions assumed by the Ministry of Labour and Social Security.

Articles 5(a) and 9. Association of technical experts and specialists in a manner such as to ensure the effective application of the legal provisions relating to the protection of the safety and health of workers. The Committee notes the observations made by the TÜRK-İŞ that OSH experts and workplace physicians responsible for carrying out risk assessments in workplaces do not possess the necessary job security. The TÜRK-İŞ adds that the provisions concerning job security introduced by Act No. 6645 of 2015 (amending the 2012 OSH Act No. 6331) are inadequate. The TÜRK-İŞ therefore claims that other provisions are needed to guarantee that these experts may effectively exercise their functions in the area of OSH, free from any pressure exerted by employers. The Committee also notes the observations made by the Türkiye Kamu-Sen to the effect that the status and salaries of public OSH experts are not yet clearly defined. The Committee requests that the Government provide its comments in relation to the observations made by the TÜRK-İŞ and the Türkiye Kamu-Sen. It also requests that the Government provide detailed information on the system for conducting risk assessments, the legal provisions concerned and the status and conditions of service of the staff entrusted with carrying out risk assessment in workplaces.

Article 6. Status and conditions of service of labour inspectors. In its previous comment, the Committee noted the reiterated observations made by the TÜRK-IŞ claiming that labour inspectors should enjoy total independence. The Committee notes that the Government, in reply to the Committee’s previous request for information on the status and conditions of service of labour inspectors, emphasizes that the legislation provides for procedural safeguards against arbitrary appointments and undue dismissal and that labour inspectors cannot be held responsible for acts done in the course of their duty. Moreover, labour inspectors must adhere to the ethical conduct of their profession and enjoy more favourable working conditions and career opportunities than other inspectors, which is necessary to protect them from undue external influences. The Committee once again requests that the Government provide details on the concrete status, remuneration scale, allowances and career prospects of labour inspectors (in relation to other comparable categories of public officials).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Public Workers Associations (Türkiye Kamu-Sen), as well as the observation of the Turkish Confederation of Employers’ Associations (TİSK), all received on 29 October 2015. The Committee also notes the additional observations made by the TİSK, transmitted with the Government’s report. It also notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) communicated with the Government’s report under the Occupational Safety and Health Convention, 1981 (No. 155).

The Committee notes the 2015 conclusions of the Committee on the Application of Standards (CAS) of the International Labour Conference on the application of Convention No. 155, which also relate to labour inspection, in particular concerning the need for an increased number of labour inspections in the area of occupational safety and health (OSH), more effective enforcement of dissuasive sanctions for labour law violations, and improved collection of statistics on the number of industrial accidents and occupational diseases.

Articles 3, 5(b), 10 and 16 of the Convention. Labour inspection and OSH, including in the mining sector and in relation to subcontracting situations. The Committee recalls from its previous comment that the number of inspection visits in the area of OSH had decreased from 19,469 to 11,533 OSH inspection visits between 2011 and 2012 and that several trade unions expressed concern at the insufficient coverage of workplaces by OSH inspections, the widespread non-compliance with preventive OSH requirements and the absence of dissuasive fines, as well as the high incidence of occupational accidents in subcontracting situations. Recalling the conclusions of the CAS in 2015 on the application of Convention No. 155 concerning the need to increase the number of labour inspections, the Committee notes from the statistical information provided by the Government in its reports under this Convention and Convention No. 155 that the total number of OSH inspections increased from 11,533 in 2012 to 14,174 in 2014, and 13,296 inspections in 2015 and that the number of labour inspections in the mining sector increased from 747 in 2012 to 1,391 in 2014 (according to the information in the 2015 annual labour inspection report, in the period from February to November 2015, 978 inspections were undertaken in the mining sector). It further notes the Government’s indication that in 2014, 230 inspections concerning subcontractors and primary employers were undertaken and that this number was 96 in 2015 (concerning 14,913 workers). According to the information provided by the Government in its report under Convention No. 155, it is estimated that more than 19 million people fall within the scope of the OSH Law No. 6331.

The Committee notes that the TÜRK-İŞ, the Türkiye Kamu-Sen and the KESK continue to express concern about the high number of occupational accidents and diseases (including in the mining sector and in subcontracting situations), and that the TÜRK-İŞ calls for revised inspection plans in view of insufficient action to achieve safe working conditions, particularly in subcontracting situations. The Türkiye Kamu-Sen adds that there are almost 2.5 million workers in subcontracting situations and they are especially vulnerable because they are not in a sufficiently strong position to form trade unions. The Committee notes from the information provided by the Government in its report under Convention No. 155 that while the National OSH Policy Document and Action Plan for 2014–18 includes objectives around OSH inspections, no relevant action points are contained in that document. The Committee further notes the information provided by the Government in its report under this Convention that no tripartite agreement was achieved in relation to labour inspection and the monitoring of activities on OSH in mining. Noting the increase in the number of OSH inspections, including in the mining sector, the Committee requests that the Government provide disaggregated statistics on the number of workplaces and workers employed in the different sectors, in particular, in mining and subcontracting, so as to enable it to assess the coverage of workplaces by labour inspection. The Committee is also requested to provide detailed information on the number of OSH inspections undertaken in these workplaces, particularly in the mining sector and in subcontracting situations. The Committee also requests the Government to provide information on the number of industrial accidents and cases of occupational diseases in these workplaces. Noting the efforts made to focus on workplaces with a high incidence of occupational accidents such as those in the mining and the construction sectors, the Committee requests that the Government provide more information on the inspection approach and strategy adopted, including the criteria for determining the inspection objectives and whether these are developed in consultation with the social partners.

Articles 5(a), 7, 17 and 18. Effective enforcement of laws and regulations providing for sufficiently dissuasive penalties. Effective cooperation between the inspection services and the judicial system. The Committee notes that in its 2015 conclusions, the CAS requested that the Government ensure that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors. The Committee notes that while the Government has not provided specific information on measures taken to give effect to these conclusions, it welcomes the Government’s information that there has been an increase in the fines for non-compliance with the legal obligations in the 2012 OSH Act No. 6331 (through amendments introduced by Act No. 6645 in 2015). Moreover, it notes that the Government provides the requested information on the number of infractions detected and penalties imposed.

Concerning advice and enforcement, the Committee notes the Government’s indication that labour inspectors take a preventive approach during regular inspections, by primarily informing employers as to how to eliminate detected violations, rather than immediately initiating criminal proceedings. The TİSK reports the opposite situation, stating that labour inspectors have increasingly adopted an inflexible punitive approach, and calls for an increase in preventive activities, in conformity with the approach contained in the OSH Act No. 6331. The Committee further notes from the observations made by the KESK under Convention No. 155 that according to statements made by the Government, inspections in response to a complaint adopt a non-punitive and accommodating approach.

In this respect, the Committee emphasizes that an appropriate balance needs to be struck between the advisory functions of labour inspectors aimed at preventing occupational accidents and diseases, and sanctions, which remain an important element for effective labour law compliance. Highlighting the importance of the advisory functions of labour inspectors to make employers and workers aware of their rights and obligations, the Committee also recalls that the possibility of sanctions, where these are merited and warranted to deter future violations, constitutes an important component of any preventative strategy. The Committee requests that the Government provide specific information on the measures taken and the compliance strategy pursued to address the conclusions of the Conference Committee concerning the effective enforcement of dissuasive sanctions. In this regard, it requests that the Government provide information on the impact of the increased fines for OSH violations. The Government is also requested to provide detailed statistical information on the number of OSH infringements detected during inspection visits in general and in the mining and subcontracting sectors, the areas to which they relate and the corrective measures or penalties issued as a result (administrative fines, referral to the courts, convictions and acquittals, etc.).

The Committee also once again requests that the Government provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the justice system (such as the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate, training sessions, etc.) to provide for more effective enforcement in the area of OSH.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. In its previous comment, the Committee noted that the total number of labour inspections had significantly decreased between 2010 and 2012 which, according to the Government, was the result of the introduction of a proactive inspection approach, which has caused each inspection to take more time. The Committee also noted the observations made by the TÜRK-İŞ and the Confederation of Progressive Trade Unions of Turkey (DİSK) that the number of labour inspectors was insufficient to ensure a deterrent effect through inspections and penalties. In this respect, the Committee noted an increase in the number of labour inspectors from 840 to 1,020 (between 2011 and 2013), as well as the information that new labour inspection posts had been approved and were in the process of being filled.

The Committee notes from the information provided in the 2015 annual report that in October 2015, there were a total of 974 labour inspectors (572 specializing in OSH, and 402 specializing in working conditions) of which 215 were women inspectors. The Committee notes that recruitment of an additional number of 61 labour inspectors is expected to be completed in 2016. The Committee notes from the Government’s indications made in its report under Convention No. 155 that it is proposed to increase the total number of labour inspectors to 1,216. The Committee also notes the observations made by the TÜRK-İŞ that labour inspections directed at detecting child labour are inadequate. The Committee requests that the Government provide information on the number of labour inspectors (including their specialization), as well as the number of vacant labour inspection posts and the progress made in filling these vacancies. It encourages the Government to ensure that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. In this respect, it requests the Government to provide information on the total number of labour inspection visits from 2010. The Government is also requested to provide detailed information on the activities undertaken by the labour inspectorate to combat child labour.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the detailed information provided by the Government in reply to its previous request concerning the measures envisaged in the framework of the 2014–18 OSH Policy and Action Plan to improve the notification of occupational accidents and diseases. In this respect, it refers to its comments concerning the application of Article 11(c) of Convention No. 155.

The Committee is raising other matters in a request addressed directly to the Government.

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

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 4 and 5(a) of the Convention. Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. The Committee notes that the Government has once again not provided the requested reply in relation to the comments made by the Turkish Confederation of Employers’ Associations (TİSK) in 2007 on the transfer of inspection duties from the Ministry of Labour and Social Security to other ministries (the Ministry of Health, the Ministry of Defence, and the Ministry of Energy and Natural Resources) and to municipalities, thereby raising obstacles to the coordination of labour inspection activities by a central body, including the communication of labour inspection data. The Committee requests the Government to provide an organizational chart of the labour inspection system in its entirety. Please also provide information on any functions within the meaning of Article 3(1) of the Convention entrusted to other ministries than the Ministry of Labour and Social Security, and the mechanisms in place for the communication of relevant data to the central labour inspection authority.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the repeated indications by the Confederation of Turkish Trade Unions (TÜRK-IŞ), according to which labour inspectors should work with total independence. In this regard, the Committee notes the Government’s indications that there is a legal obligation for labour inspectors to work with independence and objectivity. While the Committee notes the information on this obligation, it also once again requests the Government to provide information on the status and conditions of service of the different categories of labour inspectors so as to ensure, in practice, their independence of changes of government and undue external influences. In this respect, the Committee asks the Government to specify the status, remuneration scale, allowances and career prospects of labour inspectors in relation to other comparable categories of public officials.

Articles 5(a), 17 and 18. Effective cooperation between the inspection services and the judicial authorities. The Committee notes that the Government has not provided the requested information under the above Articles. The Committee once again requests the Government, with reference to its 2007 general observation, to provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the judiciary (the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate, joint training sessions with representatives of the judiciary, etc.)

Legislation. The Committee notes the copy of the revised Labour Inspection Guidelines, an appendix to Circular No. 2013/4, communicated by the Government with its report. The Committee also notes the Government’s reference to the 2012 Regulations on the Labour Inspection Board, a copy of which has not been received by the Office. The Committee requests the Government to provide a copy of the 2012 Regulations on the Labour Inspection Board in their current version.

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes the observatons made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) annexed to the Government’s report and received on 2 January 2014. The Committee also notes the observations made on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161), by the Confederation of Progressive Trade Unions of Turkey (DISK) received on 1 September 2014, the Confederation of Public Employees’ Trade Unions (KESK) received on 1 September 2014, as well as the observations of TÜRK-İŞ and the Confederation of Turkish Real Trade Unions (HAK-IŞ), received on 3 November 2014.

Articles 3(1)(a) and (b), 5(a), 10, 13, 14 and 16 of the Convention. Labour inspection and occupational safety and health (OSH). 1. Incidence of occupational accidents and cases of occupational disease, and their notification to the labour inspectorate. The Committee previously noted the information provided by the TÜRK-İŞ on the increase in the number of fatal occupational accidents and diseases reported to the social insurance institutions from 866 in 2008 to 1,171 in 2009. In this regard, it notes the indications by DISK, KESK and TÜRK-İŞ that the number of fatal industrial accidents in Turkey is very high, and that there is a problem of under-reporting of industrial accidents and cases of occupational disease. The Committee refers the Government to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), and requests the Government to consider examining ways in which the system for the notification of occupational accidents and diseases can be improved.

2. Labour inspections in the area of OSH, including in the mining sector. The Committee notes the statistics provided by the Government, according to which 19,469 OSH inspection visits were carried out in 2011, and 11,533 in 2012. It also notes the indications of DISK, according to which labour inspections cover only 6 per cent of all workplaces in the country. It notes the observations made by KESK that the serious mining accident in Soma, where 301 workers lost their lives, resulted from widespread non-compliance with preventive OSH requirements. According to HAK-IŞ, the number of occupational accidents and, in particular the mining accident in Soma, show that OSH inspections are insufficient to ensure compliance with OSH obligations under the law. In this context, TÜRK-İŞ emphasizes the need for effective OSH inspections, and indicates that administrative fines for non-compliance with OSH obligations are not dissuasive.

The Committee notes from the Government’s report that mining was one of the priority sectors in 2012, with 747 OSH inspections carried out in that year. In the light of the OSH situation in the country, TÜRK-İŞ welcomes the plans of the Government for 2014–18 to target the metal, mining and construction sectors with a view to the prevention of occupational accidents. Furthermore, the Committee notes the Government’s announcement during a press conference in November 2014 concerning the introduction of a set of OSH measures in the mining and construction sectors, including labour inspection, with the specific aim of reducing the incidence of fatal occupational accidents and enhancing safety standards at the workplace. The Committee requests the Government to indicate the measures taken or envisaged to improve the effectiveness of labour inspection in the area of OSH, particularly in the mining sector, and to provide detailed statistical information on the preventive and enforcement activities of the labour inspectorate in this regard (the number of workplaces and the workers employed therein, the number of visits in these workplaces, the preventive measures ordered such as injunctions with immediate effect in the event of imminent danger to the health and safety of the workers, violations found and penalties imposed in the area of OSH and the legal provisions to which they relate, as well as the number of industrial accidents and cases of occupational disease).

Please provide disaggregated data for the mining sector, in particular on the number of workplaces liable to inspection (including their size and geographical distribution), and the number of these workplaces that were covered by labour inspection. The Committee also requests the Government to provide information on the authority responsible for labour inspection in the mining sector and the number of labour inspectors specializing in this area.

3. OSH conditions in subcontracting situations. According to KESK, occupational accidents mostly occur in subcontracting situations. TÜRK-İŞ indicates that about 1 million workers are employed by subcontractors and that due to the absence of labour inspections, they are forced to work under unhealthy and insecure conditions.

The Committee notes the statistical information provided by the Government on the activities and results relating to the control of illegal subcontracting practices. Fifty-nine subcontractors were inspected and a total of 10,490 workers identified, which resulted in the imposition of administrative fines in 15 workplaces. It notes that no specific information was provided by the Government on the number of cases in which non-compliance with OSH provisions was detected in these workplaces. The Committee requests the Government to provide information on the preventive and enforcement activities of the labour inspectorate concerning the application of the legal provisions relating to conditions of work and the protection of workers in subcontracting situations (the number of relevant inspections carried out, the number of infringements detected and legal provisions to which they relate, and relevant actions taken).

4. Labour inspection in the informal economy. The Committee notes that TÜRK-İŞ refers to persistent problems in the large informal sector of the country (such as the non-payment of minimum wages, the lack of registration of workers with the social security authorities and adverse subcontracting practices), and calls for the labour inspectorate to address them. In this regard, the Committee notes the statistical information provided by the Government on the activities and results of inspection visits targeted at undeclared work, including the notification to the social security authorities of undeclared workers and their registration. Noting that the Committee has, for a number of years, noted the absence of statistics on the number of unregistered workplaces and uninsured workers, which makes it difficult to carry out labour inspections in these workplaces, the Committee notes with interest that in the framework of the Seventh Action Plan for the Strategy to Combat the Informal Economy, an information system has been established, which allows labour inspectors to have access to relevant information of multiple institutions. The Committee requests the Government to continue to provide statistical data concerning the enforcement of the legal provisions relating to conditions of work and the protection of workers through the activities of the labour inspectorate relating to undeclared work (the number of cases in which workers were registered with the social security authorities, the number of cases in which workers were paid outstanding salaries resulting from their past employment relationship, etc.). The Committee also requests the Government to provide information on the estimated number of unregistered workers and uninsured workers (including those employed in the mining sector and in subcontracting situations).

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. The Committee previously noted that 840 labour inspectors were employed at the labour inspectorate in 2011 and that 1,000 new labour inspection posts had been approved and were in the process of being filled. In this regard, the Committee welcomes an increase in the number of labour inspectors from 840 to 1,020 (as of August 2013). According to the indications made by DISK, the current number of labour inspectors is 1,050, encompassing 460 social labour inspectors and 590 technical inspectors. The Committee understands from the Government’s indications that not all labour inspectors are authorized to conduct labour inspections. The Committee also notes the indications by TÜRK-İŞ on the need to further increase the number of labour inspectors, as well as the indications by DISK that the number of labour inspectors is insufficient for the effective discharge of their duties, and that labour inspections and sanctions are far from being a deterrent.

The Committee notes that the number of labour inspections further continued to decrease, from 46,969 labour inspections in 2010 to 38,131 in 2012. It notes the Government’s explanations that the decrease in the number of inspection visits is a result of the introduction of a proactive inspection approach, in consequence of which each inspection takes more time. The Committee requests the Government to provide information on the progress made in filling the vacant labour inspection posts. In light of the considerable decrease in inspections over recent years, the Committee encourages the Government to ensure that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work.

Technical assistance. The Committee notes that a “National Tripartite Meeting on Improving OSH in Mines” was hosted by the Ministry of Labour and Social Security on 16–17 October 2014 in cooperation with the ILO, in the course of which the Government, workers’ and employers’ representatives agreed on the main elements of a roadmap, which also contains a chapter on labour inspection. The Committee requests the Government to provide information on any action taken or envisaged related to labour inspection as a result of the technical assistance provided by the Office in the context of the abovementioned activity.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Referring also to its observation, the Committee notes that the Government’s report on the application of the Convention has not been received. It notes the detailed information provided in the annual labour inspection report for 2012, received by the Office on 19 August 2013. The Committee will examine the information in the annual report together with the Government’s report, once it has been received. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Labour inspection and child labour. The Committee notes the information provided by the Government and the Confederation of Turkish Trade Unions (TÜRK-IŞ) on inspections made within the project on combating child labour which is carried out with the collaboration of the social partners Turkish Confederation of Employer Associations (TİSK) and TÜRK IŞ, in addition to regional labour inspectors. The Committee also notes from the Government’s report the signing of a protocol of cooperation on 13 January 2011 that provides for an obligation of information exchange between the Labour Inspection Board and the Provincial National Education Directorate. The Committee would be grateful if the Government would continue to provide information on the activities carried out by the labour inspection in this area and on the practical implementation of the cooperation protocol and its impact.

Article 7(3). Training of labour inspectors. The Committee notes the information provided by the Government in reply to its previous comments on the preparation of the Labour Inspection Board “In-service training directive” which has been in force since November 2009 and on the number of participants and working days spent on training during 2010. The Committee would be grateful if the Government would communicate a copy of the training directive as well as information on the particular subjects covered by the training seminars.

Article 28. Legislation. Further to its observation, the Committee notes the clarification provided by the Government as to the legislative pieces that lay the basis for the labour inspection system in Turkey. The Committee requests the Government to provide the Office with a copy of the Labour Inspection Guideline, appendix to Circular No. 2006/9 of the Ministry and the “Guideline on Designed Inspections”.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report on the application of the Convention has not been received. It notes the detailed information provided in the annual labour inspection report for 2012, received by the Office on 19 August 2013. The Committee will examine the information in the annual report together with the Government’s report, once it has been received. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which read as follows:

Repetition

The Committee notes the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) dated 17 May 2011 which were received with the Government’s report on 8 November 2011.

Articles 2, 3(1) and (2), 10, 11 and 16 of the Convention. Labour inspection activities in the informal economy. 1. The Committee notes that the brief data provided by the Government do not include the information previously requested by the Committee on the content and results of the Action Plan for the Strategy to Combat the Informal Economy nor the text of the Social Insurance and General Health Insurance (SIGHI) Act, section 59 of which requires inspection officers to determine whether or not employees are insured, and submit to the social security institution within a maximum of one month the names, citizen ID numbers and wages of those who are employed without insurance. Moreover, no data is provided on the number of unregistered workplaces and uninsured workers, as previously requested. The Committee requests the Government once again to provide a copy of the SIGHI Act in its amended version as well as information on the content and results of the action plan to combat the informal economy. It further requests updated statistics on the number of cases notified to the social security institutions and the kind of follow-up given by the labour inspectors and the social security institutions including any positive incentives to ensure the regularization of undeclared workers.

2. The Committee notes from the brief data communicated by the Government that despite the existence of the Action Plan for the Strategy to Combat the Informal Economy, the overall number of inspections decreased from 56,095 in 2009 to 46,969 in 2010, while the most important decrease concerns the social inspections (from 36,386 in 2009 to 29,685 in 2010). It also notes that, according to TÜRK-IŞ, labour inspectors generally carry out inspections following complaints. The Committee requests the Government to identify the reasons for the decrease in the number of inspections and the proportion of complaints-based inspections in relation to the total number of visits.

The Committee notes moreover from the Government’s report the introduction of a new inspection approach in 2010–11, which consists in planning inspections in function of risk, sector or area, and which is also based on the negotiation of inspection priorities with other public bodies, social partners and relevant professional interest groups. The Committee requests the Government to describe the impact of the new inspection approach in planning targeted labour inspection visits, explain how the negotiation of inspection priorities works in practice, identify these priorities and the bodies involved in the negotiations and communicate the relevant legal texts.

3. The Committee notes that Act No. 6111 creates 1,000 new posts for labour inspectors which are in the process of being filled. In addition, the current number of labour inspectors was 840 at the time of the report, while an additional 137 labour inspectors were under training and 32 were to be appointed in 2011. According to TÜRK-IŞ, even though this increase is a positive development, a further increase of labour inspectors is indispensable in order to combat irregular employment effectively. The Committee requests the Government to indicate the progress made in appointing assistant labour inspectors to fill in the newly created posts, and to specify the number of existing labour inspectors and senior labour inspectors broken down by province.

4. The Committee also notes that the Government has not made any observation on the previous comments of the TİSK which criticized the expanded powers of labour inspectors in verifying subcontracting employment relationships and authorizing short-term employment relationships due to the general economic crisis. The Committee requests the Government to communicate data on the activities of the labour inspectorate in relation to subcontracting and short-term work as well as the results obtained in terms of fighting collusion and protecting workers’ rights in this context.

Articles 3(1)(b), 5(b), 13, 14, 16, 17 and 18. Preventive and enforcement activities in the area of OSH. The Committee takes note of the information provided by the Government in reply to an observation by the TİSK concerning the balance between proactive measures and sanctions. The Government indicates that the improvement of information and awareness levels by employers and workers is one of its priorities and therefore a total of 10,534 representatives of workers, employers and the social partners were trained in seminars, symposia and information meetings and handbooks were prepared for them on several subject matters in the field of occupational safety and health and general working conditions. The labour inspection also carried out campaigns targeting better compliance with employment legislation in the apparel sector, in the tourism sector, health care and retail stores. The Committee takes note of this information.

The Committee notes the information provided by TÜRK-IŞ, according to which fatal occupational accidents and diseases reported to social insurance institutions increased by 35 per cent, from 866 in 2008 to 1,171 in 2009 while the total number of industrial fatal accidents must be much higher. TÜRK-IŞ suggests that due to globalization, OSH is among the first areas to be subject to expenditure cuts by employers leading to large-scale industrial accidents in several provinces during the last couple of years. The Government refers to various inspection campaigns and trainings conducted from 2009 to 2010, targeting the improvement of OSH in the construction and mining sectors, and in relation to explosives. The Committee requests the Government to indicate whether the new inspection approach mentioned earlier on, has facilitated the identification of high risk sectors and the planning of visits leading to preventive and enforcement activities by the labour inspection. It requests the Government to communicate data on the number of visits, the preventive measures ordered such as injunctions with immediate effect in case of imminent danger to the health and safety of the workers, violations found and sanctions and penalties imposed in the area of OSH broken down by sector and province, as well as the evolution of industrial accidents and cases of occupational disease.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. The Committee notes that the Government has once again not provided any information on the comments made by the TİSK in 2007 concerning the transfer of inspection duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities, thereby raising obstacles to the coordination of labour inspection activities by a central body. The TİSK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is often not met, with the result that neither inspection records nor the relevant statistics are up to date.

The Committee notes that Act No. 6111 of 13 February 2011 amended the Labour Law by adding a provision according to which grievances arising from termination of contracts are to be examined by Regional Directorates of the Ministry of Labour and Social Security while complaints of workers with ongoing employment contracts are to be examined by the labour inspectors. The Committee requests the Government to provide clarifications on the aim and effect of this provision, and supply detailed information on any measures adopted or envisaged to improve the exchange of information between inspection services and regional directorates as well as their impact on the compilation of statistics by the Labour Inspection Board.

Moreover, with reference to its 2007 general observation, the Committee requests the Government to provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the repeated statements by TÜRK-IŞ, according to which labour inspectors should work with total independence, to which the Government has not responded. The Committee requests the Government to provide information on the status and conditions of service of labour inspectors which guarantee their independence of changes of government and undue external influences as required by Article 6.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3(1) of the Convention. Labour inspection and child labour. The Committee notes the information provided by the Government and the Confederation of Turkish Trade Unions (TURK-IS) on inspections made within the project on combating child labour which is carried out with the collaboration of the social partners Turkish Confederation of Employer Associations (TISK) and TURK-IS, in addition to regional labour inspectors. The Committee also notes from the Government’s report the signing of a protocol of cooperation on 13 January 2011 that provides for an obligation of information exchange between the Labour Inspection Board and the Provincial National Education Directorate. The Committee would be grateful if the Government would continue to provide information on the activities carried out by the labour inspection in this area and on the practical implementation of the cooperation protocol and its impact.

Article 7(3). Training of labour inspectors. The Committee notes the information provided by the Government in reply to its previous comments on the preparation of the Labour Inspection Board “In-service training directive” which has been in force since November 2009 and on the number of participants and working days spent on training during 2010. The Committee would be grateful if the Government would communicate a copy of the training directive as well as information on the particular subjects covered by the training seminars.

Article 28. Legislation. Further to its observation, the Committee notes the clarification provided by the Government as to the legislative pieces that lay the basis for the labour inspection system in Turkey. The Committee requests the Government to provide the Office with a copy of the Labour Inspection Guideline, appendix to Circular No. 2006/9 of the Ministry and the “Guideline on Designed Inspections”.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments made by the Confederation of Turkish Trade Unions (TÜRK-IS) dated 17 May 2011 which were received with the Government’s report on 8 November 2011.

Articles 2, 3(1) and (2), 10, 11 and 16 of the Convention. Labour inspection activities in the informal economy. 1. The Committee notes that the brief data provided by the Government do not include the information previously requested by the Committee on the content and results of the Action Plan for the Strategy to Combat the Informal Economy nor the text of the Social Insurance and General Health Insurance (SIGHI) Act, section 59 of which requires inspection officers to determine whether or not employees are insured, and submit to the social security institution within a maximum of one month the names, citizen ID numbers and wages of those who are employed without insurance. Moreover, no data is provided on the number of unregistered workplaces and uninsured workers, as previously requested. The Committee requests the Government once again to provide a copy of the SIGHI Act in its amended version as well as information on the content and results of the Action plan to combat the informal economy. It further requests updated statistics on the number of cases notified to the social security institutions and the kind of follow-up given by the labour inspectors and the social security institutions including any positive incentives to ensure the regularization of undeclared workers.

2. The Committee notes from the brief data communicated by the Government that despite the existence of the Action Plan for the Strategy to Combat the Informal Economy, the overall number of inspections decreased from 56,095 in 2009 to 46,969 in 2010, while the most important decrease concerns the social inspections (from 36,386 in 2009 to 29,685 in 2010). It also notes that according to the Confederation of Turkish Trade Unions (TÜRK-IS), labour inspectors generally carry out inspections following complaints. The Committee requests the Government to identify the reasons for the decrease in the number of inspections and the proportion of complaints-based inspections in relation to the total number of visits.

The Committee notes moreover with interest from the Government’s report the introduction of a new inspection approach in 2010–11, which consists in planning inspections in function of risk, sector or area, and which is also based on the negotiation of inspection priorities with other public bodies, social partners and relevant professional interest groups. The Committee requests the Government to describe the impact of the new inspection approach in planning targeted labour inspection visits, explain how the negotiation of inspection priorities works in practice, identify these priorities and the bodies involved in the negotiations and communicate the relevant legal texts.

3. The Committee notes with interest that Act No. 6111 creates 1,000 new posts for labour inspectors which are in the process of being filled. In addition, the current number of labour inspectors was 840 at the time of the report, while an additional 137 labour inspectors were under training and 32 were to be appointed in 2011. According to TÜRK-IS, even though this increase is a positive development, a further increase of labour inspectors is indispensable in order to combat irregular employment effectively. The Committee requests the Government to indicate the progress made in appointing assistant labour inspectors to fill in the newly created posts, and to specify the number of existing labour inspectors and senior labour inspectors broken down by province.

4. The Committee also notes that the Government has not made any observation on the previous comments of the Turkish Confederation of Employers’ Associations (TISK) which criticized the expanded powers of labour inspectors in verifying subcontracting employment relationships and authorizing short-term employment relationships due to the general economic crisis. The Committee requests the Government to communicate data on the activities of the labour inspectorate in relation to subcontracting and short-term work as well as the results obtained in terms of fighting collusion and protecting workers’ rights in this context.

Articles 3(1)(b), 5(b), 13, 14, 16, 17 and 18. Preventive and enforcement activities in the area of OSH. The Committee takes note of the information provided by the Government in reply to an observation by TISK concerning the balance between proactive measures and sanctions. The Government indicates that the improvement of information and awareness levels by employers and workers is one of its priorities and therefore a total of 10,534 representatives of workers, employers and the social partners were trained in seminars, symposia and information meetings and handbooks were prepared for them on several subject matters in the field of occupational safety and health and general working conditions. The labour inspection also carried out campaigns targeting better compliance with employment legislation in the apparel sector, in the tourism sector, health care and retail stores. The Committee takes note of this information.

The Committee notes the information provided by TÜRK-IS, according to which fatal occupational accidents and diseases reported to social insurance institutions increased by 35 percent, from 866 in 2008 to 1,171 in 2009 while the total number of industrial fatal accidents must be much higher. TÜRK-IS suggests that due to globalization, OSH is among the first areas to be subject to expenditure cuts by employers leading to large-scale industrial accidents in several provinces during the last couple of years. The Government refers to various inspection campaigns and trainings conducted from 2009 to 2010, targeting the improvement of OSH in the construction and mining sectors, and in relation to explosives. The Committee requests the Government to indicate whether the new inspection approach mentioned earlier on, has facilitated the identification of high risk sectors and the planning of visits leading to preventive and enforcement activities by the labour inspection. It requests the Government to communicate data on the number of visits, the preventive measures ordered such as injunctions with immediate effect in case of imminent danger to the health and safety of the workers, violations found and sanctions and penalties imposed in the area of OSH broken down by sector and province, as well as the evolution of industrial accidents and cases of occupational disease.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. The Committee notes that the Government has once again not provided any information on the comments made by TISK in 2007 concerning the transfer of inspection duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities, thereby raising obstacles to the coordination of labour inspection activities by a central body. The TISK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is often not met, with the result that neither inspection records nor the relevant statistics are up to date.

The Committee notes that Act No. 6111 of 13 February 2011 amended the Labour Law by adding a provision according to which grievances arising from termination of contracts are to be examined by Regional Directorates of the Ministry of Labour and Social Security while complaints of workers with ongoing employment contracts are to be examined by the labour inspectors. The Committee requests the Government to provide clarifications on the aim and effect of this provision, and supply detailed information on any measures adopted or envisaged to improve the exchange of information between inspection services and regional directorates as well as their impact on the compilation of statistics by the Labour Inspection Board.

Moreover, with reference to its 2007 general observation, the Committee requests the Government to provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the repeated statements by TÜRK-IS according to which labour inspectors should work with total independence, to which the Government has not responded. The Committee requests the Government to provide information on the status and conditions of service of labour inspectors which guarantee their independence of changes of government and undue external influences as required by Article 6.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes that a consolidated annual report for the period under review was not submitted to the Office and could not be found online. The Committee refers to its general observation of 2011 according to which when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. It underlines the importance of making the fullest possible information available on each of the subjects enumerated in Article 21 on an annual basis, including the human resources and institutional, logistical and material means available to the labour inspection, its field of personal competence (enterprises, establishments and other workplaces liable to inspection as well as the workers occupied therein), its means of operation (inspection, notifications of violations or non-compliance, technical advice and information, observations, warnings, the initiation of recommendation of prosecutions, the imposition of penalties) and finally, data on industrial accidents and cases of occupational disease. The Committee requests the Government to indicate the measures taken or envisaged to ensure the preparation and publication in due time of an annual labour inspection report containing the information indicated in Article 21, and its communication to the Office within the deadlines set in Article 20.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the general report on labour inspection containing information and statistical data on labour inspection activities for 2008. The Committee also notes the comments made by the Turkish Confederation of Employer Associations (TİSK) dated 20 May 2009 and the Confederation of Turkish Trade Unions (TÜRK–IŞ) dated 3 June 2009 with regard to the application of this Convention.

Article 2 of the Convention. Labour inspection in the informal sector. In its report, the Government indicates that, in order to extend the scope of inspection activities to include establishments in the informal economy, section 59 of the Social Insurance and General Health Insurance (SIGHI) Act No. 5510 requires inspection officers to determine during their inspections whether or not employees are insured, and submit to the social security institution within a maximum of one month the names, citizen ID numbers and wages of those who are employed without insurance. The social security institution is responsible for undertaking the necessary legal proceedings based on such notifications. The General Report on Labour Inspection for 2008 indicates that 642 workplaces were inspected, covering a total of 23,574 workers, and 2,996,425 Turkish lira (TRY) of administrative fines were imposed in 179 workplaces, and 962 workers were found not to be insured in 367 workplaces inspected.

In this respect, in its comments of 28 May 2009, the TİSK refers to the adoption of the Action Plan for the Strategy to Combat Informal Economy, published in the Official Gazette No. 27132 on 5 February 2009. The Action Plan was drawn up with a view to creating a comprehensive strategy in which all sectors of society participate with a strong social and political will to raise awareness of the disadvantages of the informal economy, promote the registration of employment, simplify the legislation and procedures, develop an effective monitoring system and system of sanctions, strengthen the sharing of data among institutions and ensure effective coordination among the organizations concerned.

The TİSK also reports that the scope of labour inspection has been broadened and labour inspectors have been given new powers. An important change is the promulgation of Act No. 5763, which modifies paragraph 2 of section 3 of Act No. 4857 (the Labour Code). Under the new provision, a subcontracting employer is required to notify and register his place of employment with the regional directorate, and to include the subcontracting contract together with all the necessary documents. This provision also authorizes labour inspectors to inspect documents concerning the registration of the subcontractor’s place of employment to determine whether they are genuine.

In this respect, the TİSK refers to section 11 of the Regulation on subcontracting relations of 27 September 2008, which provides that the original work may only be divided and subcontracted if expertise is required by the process and the nature of the work and/or for technological reasons. The TİSK considers that section 11 of the Regulation introduces a power that exceeds the purpose and scope of section 3 of the Labour Code, which only authorizes labour inspectors to ascertain the existence of collusion and not to examine subcontracting relationships from the viewpoint of section 11 of the Regulation. The TİSK states that the criteria for exercising this power are so ambiguous that problems may be generated in practice.

Furthermore, the TİSK reports that the practice of short-time employment is steadily spreading. In accordance with the Regulation on short-time work and short-time allowances/benefits of 13 January 2009, employers who apply for the authorization to put their workers a on short-time working scheme due to the general economic crisis or for reasons of force majeure must notify the provincial/district office of the Turkish Labour Institute and the trade union concerned if there is a collective labour agreement. Such applications are promptly examined by the labour inspectors of the Ministry of Labour and Social Security. Where an application is found to be admissible, the dates of the commencement and termination of the short-term employment and a finalized list of workers’ details are sent to the Turkish Labour Institute. The Institute notifies the employer of the results of the investigation and the employer notifies the workers by posting a notice at the place of employment; if there is a collective labour agreement, the employer also informs the trade union that is party to the agreement. The TİSK considers that the Regulation of 13 January 2009 extends the scope of labour inspection in connection with the short-time work and short-time benefits and improves the compatibility of the legislation with the Convention.

The Committee requests the Government to provide a copy of the SIGHI Act in its amended version and to continue providing information on the measures taken to extend labour inspection activities in the informal sector, as well as relevant and updated statistics of unregistered workplaces and uninsured workers. The Committee also requests the Government to provide information on the implementation of the abovementioned Action Plan, and on the results achieved and measures envisaged in that context. Finally, the Committee requests the Government to provide feedback on the viewpoints expressed by the TİSK concerning section 11 of the Regulation on subcontracting and the practice of short-time employment.

Articles 3(1)(a) and 7(3). Training of labour inspectors necessary for the effective discharge of their duties. In its report, the Government indicates that, in order to strengthen the capacity of the Labour Inspection Board for the effective implementation of the new EU legislation in the area of health and safety at work and labour relations, an EU twinning project on improving the labour inspection system in Turkey was launched in January 2008 and completed in October 2009. The Committee notes with interest that during the implementation of the project, training related to the chemistry, metal, construction and mining industries were organized for labour inspectors and the social partners in Turkey by German and Belgian experts, and that general guidelines on the labour inspection system and guidelines on the management of occupational safety and health in the chemical, metal, construction and mining sectors, as well as on social inspection, were prepared. The Government also indicated that all labour inspectors and 76 representatives of the social partners participated in the four-day training course organized for them.

The Committee further notes with interest that, according to the Government, from 2007 until April 2009, labour inspectors participated in training for an accumulated duration of 6,272 hours in the field of occupational safety and health and labour legislation. The Committee would be grateful if the Government would provide more detailed information on the training organized for labour inspectors, particularly on the content, regularity and the number of participants in such training. The Committee would also be grateful if the Government would provide copies of the abovementioned guidelines and any relevant information on their application.

With reference to its 2009 observation, the Committee reiterates its request to the Government to provide clarifications on the views expressed by the TİSK regarding the sharing of responsibilities for the supervision of social security legislation.

Articles 3(1)(b), 17 and 18. Balance between the proactive measures taken and sanctions applied by labour inspectors. In its report, the Government indicates that, from the occupational safety and health perspective, 37,005 inspections were conducted from January 2007 through March 2009, of which 18,383 were general inspections, 2,171 control inspections and 16,451 investigative inspections. Through these inspections, labour inspectors raised TRY15,102,383,00 in fines for occupational safety and health violations and TRY64,325,183,00 for violations relating to the organization of work. The Government indicates that labour inspectors primarily report deficiencies in the establishments inspected using their discretion so that employers can rectify these deficiencies in a certain period of time. If employers do not comply with the instructions of inspectors, an administrative fine is imposed on them. As regards the technical assistance provided to employers and workers, the Committee notes that the Chairman of the Labour Inspection Board provided training on occupational safety and health in 34 workplaces in 2008, while labour inspectors trained engineers, workers and executives at various levels at the Centre for Labour and Social Security Training and Research in the Tuzla shipyard region. Twelve labour inspectors trained 20,000 workers between 17 July 2008 and 29 August 2008 in the Tuzla region.

In this respect, the TİSK reports that one of the purposes of the Action Plan for the Strategy to Combat the Informal Economy is “to strengthen inspection capacities and enhance the deterrent effect of sanctions”. According to the Action Plan, inspections will be carried out more with a view of educating people and increasing their awareness than imposing sanctions. The TİSK considers that effective inspection aimed at encouraging people to act in compliance with the law will reduce losses, as well as the incidence of undeclared work to a minimum, and will eliminate the situation of unfair competition that arises between those who comply with the law and those who do not.

The Committee would be grateful if the Government would provide details on the activities of labour inspectors to provide technical information and advice to employers and workers concerning the most effective means of complying with legal provisions. Moreover, the Committee would be grateful if the Government would provide information on the implementation of the abovementioned Action Plan, as well as a copy of it, and on the effect of the proactive measures taken and sanctions applied by labour inspectors.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. Noting that the Government has not provided any information on this subject, the Committee is bound to reiterate its previous request, which read as follows:

According to the TİSK, the transfer of duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities constitutes an obstacle to the necessary coordination of labour inspection activities. In the view of the TISK, the dispersion of responsibilities jeopardizes the integrity of inspection and does not allow the necessary coordination under the authority of a central body, as envisaged in the project for intervention against illegal employment prepared by the Ministry of Labour and Social Security. The TISK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is not often met, with the result that neither inspection records nor the relevant statistics are up to date. The TİSK calls for the Government to publish the results of the remedial measures adopted for this purpose.

The Committee observes that neither the Government’s report received in 2007, nor the general report of the labour inspection for 2005 refers to any restructuring of the labour inspection system. The Committee would be grateful in this respect if the Government would provide clarifications, describe the measures referred to by the TİSK to improve the exchange of information between inspection services and supply detailed information on their implementation in practice and on their impact on the compilation of statistics.

With reference to its 2007 general observation, the Committee requests the Government to provide information on any measure implemented to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 5(b). Collaboration between the labour inspection services and employers and workers. In its report, the Government indicates that inspection teams in cooperation with workers, employers and/or representative of the employer carry out, in parallel with existing labour inspection activities, “project” inspections covering specific areas, professions and branches of activities or specific risks and issues. The teams plan in detail and determine every aspect of such inspections, their scope, aims and methods of application, including the duration and source of financing. These “project” inspections are implemented within the framework of annual inspection programmes or within the year in accordance with the methods and principles specified in the “Guide for project inspections”. Noting this information with interest, the Committee would be grateful if the Government would provide more information on the activities of such teams, and particularly on their composition and operation, as well as a copy of the abovementioned guide.

With reference to its 2009 observation, the Committee requests the Government to provide more information on the purpose, frequency and impact of the collaboration projects of the Labour Inspection Board with the social partners in terms of the objectives of labour inspection.

Article 6. Status and conditions of service of labour inspectors. Noting that the Government has not provided any information on this matter, the Committee is bound to reiterate its previous request, which read as follows:

The Committee notes, from the information provided by the TİSK, that draft conditions of service for the public service, including a draft text of the specific conditions of service of labour inspectors, have still not been adopted and that labour inspectors are accordingly still covered by a 1979 text. The Government is asked to provide clarifications on this matter and to supply a copy, if possible in one of the working languages of the ILO, of any text that is in force determining the status and conditions of service of labour inspectors.

Articles 10 and 11. Human and logistical resources of the labour inspection services necessary for the effective discharge of their duties. In its report, the Government indicates that between January 2007 and May 2009, 69 new assistant labour inspectors were recruited by the Labour Inspection Board. By May 2009, the total number of labour inspectors was 534, and there were 68 assistant labour inspectors, while the number of staff assisting labour inspectors on administrative tasks was 108. However, according to the General Report on labour inspection for 2008 there were 591 labour inspectors, of whom 306 were responsible for the inspection of administrative and social aspects of labour relations (social inspections) and 285 for inspections related to occupational health and safety (technical inspections). However, table 1 of the General Report for 2008 indicates that the total number of labour inspectors in the Board was 642, of whom 522 were labour inspectors and 119 assistant labour inspectors. It also emerges from table 1(a) of the General Report on labour inspection for 2008 that there are no labour inspectors for technical inspections in Antalya, Erzurum and Samsum administrative provinces, while there is only one labour inspector for social inspections in Zonguldak and two such inspectors in Erzurum Province. In this context, in its comments submitted through the International Trade Union Confederation (ITUC), TURK-IŞ, considers that both the number of labour inspectors and the equipment at their disposal are inadequate. TURK-IŞ considers that in order to make labour inspection effective the first step should be to increase the number of labour inspectors and ensure their absolute independence during their activities.

In this respect, the Government announces that the number of labour inspectors will be increased gradually in future, while according to the TISK, the institutional capacity of the Head of the Labour Inspection Board will be strengthened in 2009–11 with the employment of 118 assistant labour inspectors in 2009 under priority 19.4 of the Turkish National Programme for the Adoption of the Acquis Communautaire, published on 31 December 2008 in Official Gazette No. 27097. As regards the equipment and facilities available to labour inspectors, the Government indicates that all labour inspectors in the Board are already equipped with portable computers and that a fund is reserved for the purchase of portable computers for assistant labour inspectors.

The Committee requests the Government to provide up-to-date information on the total number of labour inspectors employed, their categories and the measures taken to strengthen the inspection staff. Moreover, the Committee requests the Government to take measures to ensure that an appropriate number of inspectors are recruited and assigned to the Antalya, Erzurum and Samsum and Zonguldak administrative provinces. Finally, the Committee requests the Government to indicate the manner in which it is planned to strengthen the logistical resources of the inspection services and to provide detailed information on the transport facilities, and other office and inspection equipment available to labour inspectors.

Labour inspection and child labour. The Committee notes the information provided by the TURK-IŞ that, according to the studies undertaken in the context of the ILO–IPEC Programme, the number of working children aged
6–14 in the industrial sector has significantly decreased in Turkey. The TURK-IŞ proposes that social and economic measures be taken, compulsory education age raised to 12 years, and that local administrations, public and non-governmental organizations carry out projects to prevent child labour on the streets. The Committee also notes the information provided by the TİSK on the opening of a second branch of its Office for Working Children in the Kartal District Vocational Training Centre of the Ministry of Education on 3 May 2007 with the support of the Kartal District (Istanbul) authorities. According to the TİSK, a 15‑month project entitled “Eliminating the worst forms of child labour in Adana Province: Social cooperation to fight child labour” was launched together with the TURK-IŞ on 12 December 2005. As a result of the project, working on the street and in temporary agricultural workplaces, as well as heavy and dangerous work in small and medium-sized enterprises were identified as the worst forms of child labour in Adana Province. The TİSK and TURK-IŞ Social Support Centre for Working Children was opened in Adana on 23 May 2006 in the context of the project. The project made it possible to stop the employment of 345 children and provide medical treatment to 126 children. Although the project ended on 30 March 2007, the TISK continues to finance the health and educational programme of the Centre for Working Children, as it does in the TISK offices for working children.

The Committee requests the Government to provide more information on the measures taken and/or policies designed by the Government to combat illegal recourse to child labour and to promote education among young workers. The Committee also requests the Government to provide information on the specific role of labour inspectors in combating child labour and relevant statistics on the ten-year project to combat child labour, 2005–15, referred to in its previous report.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report received by the Office on 31 October 2007 in reply to its previous comments as well as the observations of the Turkish Confederation of Employers’ Associations (TISK) provided subsequently by the Government.

Articles 2 and 23 of the Convention. Developments in the scope of labour inspection. In its 2006 observation, the Committee requested the Government to continue providing information on: (i) the progress achieved in extending the coverage of the labour inspection system so as to also protect workers engaged in establishments in the informal sector; and (ii) the practice of inspection by geographical area and by sector. It observes that the Government has not provided the information requested, but that the TISK continues to deplore the absence of records of labour inspections and updated statistics. The employers’ organization considers that it is not possible to target labour inspection on unregistered enterprises, as they have not been identified. The Government is requested once again to provide information on the measures adopted to extend the scope of the labour inspection system to include establishments in the informal economy, with an indication of the manner in which the identification of these establishments is ensured or envisaged. It is requested to keep the Office informed of any difficulties encountered and, where appropriate, the measures envisaged or adopted to overcome them.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. According to the TISK, the transfer of duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities constitutes an obstacle to the necessary coordination of labour inspection activities. In the view of the TISK, the dispersion of responsibilities jeopardizes the integrity of inspection and does not allow the necessary coordination under the authority of a central body, as envisaged in the project for intervention against illegal employment prepared by the Ministry of Labour and Social Security. The TISK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is not often met, with the result that neither inspection records nor the relevant statistics are up to date. The TISK calls for the Government to publish the results of the remedial measures adopted for this purpose.

The Committee observes that neither the Government’s report received in 2007, nor the general report of the labour inspection for 2005 refers to any restructuring of the labour inspection system. The Committee would be grateful in this respect if the Government would provide clarifications, describe the measures referred to by the TISK to improve the exchange of information between inspection services and supply detailed information on their implementation in practice and on their impact on the compilation of statistics.

With reference to its 2007 general observation, the Committee requests the Government to provide information on any measure implemented to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 5(b). Collaboration between the labour inspection services and employers and workers. The Committee notes that, according to the Government  the Labour Inspection Council of the Ministry of Labour and Social Security has undertaken 17 tripartite projects since 2004 covering both occupational safety and health, and the application of general labour legislation. The Government indicates that, during the implementation of an inspection project, the social partners are informed and consulted concerning professional developments. Furthermore, reports on the results of inspection projects are published and made available to the social partners concerned. The Committee however notes that the Government does not provide sufficient details in this respect. It would be grateful if the Government would indicate the purpose, frequency and arrangements for this tripartite collaboration and provide information on its impact in terms of the objectives of labour inspection.

Article 3, paragraph 1(a) and (b), and Articles 10, 11 and 16. Human and logistical resources of the labour inspectorate necessary for the discharge of its duties. In its previous comment, the Committee referred to the comments of the Confederation of Turkish Trade Unions (TÜRK-IS) and requested the Government to indicate the manner in which it envisaged strengthening the staff, transport facilities and equipment necessary for the effective discharge of inspection functions. The Government announces the allocation of financial resources for the recruitment of inspectors. It adds that labour inspectors have access at all times to all existing transport facilities for their professional travel, and that a budget is envisaged and reserved for the purchase of portable computers. The Committee requests the Government to indicate developments in staff numbers and prospects in this respect, as well as changes in equipment, resources and transport facilities made available to labour inspectors during the period covered by the next report.

Article 3, paragraph 1(a) and (b), and Articles 17 and 18. Labour inspection activities. Balance between the function of inspection, on the one hand, and technical advice and information, on the other. The Committee notes that labour inspectors through inspections at the workplace raised 29,245,439.43 Turkish New Lira (TRY) in 2005 and TRY30,438,285.53 in 2007 in fines. Furthermore, they referred 7,843 cases of violations to the Public Prosecutor in 2005 and 5,327 cases in 2006. The TISK considers that the inspection system is principally repressive, with labour inspectors hardly discharging their preventive functions, namely the provision of information and technical advice. It also regrets that inspectors do not always have the necessary technical equipment for their investigations and that their reports of violations are drawn up rapidly and without a scientific basis, which can have serious consequences for employers. It observes that appeals against the decisions of labour inspectors are most frequently set aside by the courts, which are overworked, even though section 17 of Labour Law No. 4857 provides for the possibility to produce proof to the contrary. The TISK considers that labour inspectors should therefore only use their powers of punishment with care and attention. It its view, practices should be adopted which reward employers that comply with the law and limit intervention by the labour inspectorate in enterprises covered by a collective agreement to cases in which a complaint has been made.

The Committee notes, from the information provided by the Government, that Law No. 4817 affords any person concerned a right to information and that advice is provided upon request either by the Labour Inspection Council or its regional departments, and also by the Communication Unit of the Office of the Prime Minister (BIMER). Information on the application of labour legislation and labour disputes is provided to the social partners through a telephone system “Allo labour”. However, the TISK considers that the system is inadequate and that it should be possible to provide information without a request being made, in a proactive manner. While noting the Government’s indications concerning the various information services available, the Committee draws the Government’s attention to paragraph 86 of its General Survey of 2006 on labour inspection on this subject. In this paragraph, it refers to Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), which provides examples of measures for the promotion of continued education intended to inform the social partners of the applicable legal provisions and the need to apply them strictly, as well as the dangers to the life or health of persons and the most appropriate means of avoiding them (clause 1) and appropriate means of workers’ education (clause 2). The Committee encourages the Government to take inspiration from this guidance to develop educational approaches and tools intended to give the best possible effect to Article 3, paragraph 1(b), of the Convention and asks it to inform the ILO of any progress achieved in this respect.

Improvement of the labour inspection system in the field of occupational safety and health. The Committee notes the information provided by the TISK concerning the development of an inspection policy based on prioritizing sectors and establishments that are at risk and involving the regular redefinition of the relevant criteria with a view to improving the supervisory techniques and methods of labour inspectors, their training and their capacity to issue appropriate recommendations. The Government is requested to provide information on the impact of this policy on the occupational safety and health situation in the industrial and commercial workplaces covered by the Convention, including the level of application of the relevant legislation and the number of accidents and cases of diseases that are occupational in origin. The Committee would be grateful if the Government would also provide data on the prosecutions made against employers which are at fault or in violation in the above fields and on the penalties imposed during the period covered by the next report.

Labour inspection and child labour. With reference to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes the information provided by the TISK reporting the conclusion between the TISK and the TÜRK-IS on 12 December 2005 of a collaboration agreement to contribute to the implementation of the social collaboration project to combat child labour and the time-bound policies and programmes in the province of Adana. This collaboration takes the form of the establishment of an office responsible for the education of children, their families and employers, and for the provision of appropriate training in several regions and for various sectors. This structure followed the opening by the TISK of a working children’s bureau, which has been operational since April 1999 in three industrial sites. The joint office is reported to have begun providing services to seasonal child workers and street children, as well as those engaged in furniture production. The TISK suggests that this model should be extended to industrial regions of the organized economy and to smaller industrial sites. The objective is to provide health, education and training services to child workers and advice to adult workers and employers throughout the country. According to the TISK, as 87 per cent of children who work do so in small-scale workplaces (one to nine workers), measures should be designed to combat illegal employment in those enterprises.

Recalling that, in accordance with Article 3(1)(a) of the Convention, legal provisions relating to conditions of work include those respecting the employment of children and young persons, and with reference to its 1999 general observation on this issue, the Committee hopes that the Government will rapidly take the necessary measures at the various levels of social policy with a view to bringing an end, with the active collaboration of the labour inspectorate, to the illegal employment of these categories of particularly vulnerable workers, while at the same time guaranteeing their integration or reintegration into school. The Committee requests the Government to provide information on these measures and on the specific role attributed to labour inspectors in this area by the projects implemented in the context of cooperation with the ILO/IPEC programme. It would also be grateful if it would provide relevant statistics on the ten-year project to combat child labour, 2005–15, referred to in its report.

Article 6. Status and conditions of service of labour inspectors. The Committee notes, from the information provided by the TISK, that draft conditions of service for the public service, including a draft text of the specific conditions of service of labour inspectors, have still not been adopted and that labour inspectors are accordingly still covered by a 1979 text. The Government is asked to provide clarifications on this matter and to supply a copy, if possible in one of the working languages of the ILO, of any text that is in force determining the status and conditions of service of labour inspectors.

Article 7. Aptitude of labour inspectors and specific training for the discharge of certain functions. According to the TISK, between June 2005 and July 2007 significant progress was achieved in reforming social security schemes. However, the organization regrets that certain of the government services entrusted with responsibility for supervising the legislation which entered into force in May 2006, in contrast with labour inspectors who are duly trained for this purpose, often lack the necessary technical competence and human qualities indispensible for the discharge of their duties. The Government indicates in this respect that in 2006 labour inspectors participated in training seminars for an accumulated duration of 3,914 hours, particularly in the fields of occupational safety and health, personal protective equipment and labour legislation. The Committee requests the Government to provide clarifications on the viewpoint expressed by the TISK regarding the sharing of responsibilities for the supervision of social security legislation and to supply information on the content and regularity of the training provided to inspectors during their employment, and on the number of participants concerned in each case.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report received by the Office on 31 October 2007 in reply to its previous comments. It also notes the observations of the Turkish Confederation of Employers’ Associations (TISK) provided subsequently by the Government.

Articles 2 and 23 of the Convention. Developments in the scope of labour inspection. In its 2006 observation, the Committee requested the Government to continue providing information on: (i) the progress achieved in extending the coverage of the labour inspection system so as to also protect workers engaged in establishments in the informal sector; and (ii) the practice of inspection by geographical area and by sector. It observes that the Government has not provided the information requested, but that the TISK continues to deplore the absence of records of labour inspections and updated statistics. The employers’ organization considers that it is not possible to target labour inspection on unregistered enterprises, as they have not been identified. The Government is requested once again to provide information on the measures adopted to extend the scope of the labour inspection system to include establishments in the informal economy, with an indication of the manner in which the identification of these establishments is ensured or envisaged. It is requested to keep the Office informed of any difficulties encountered and, where appropriate, the measures envisaged or adopted to overcome them.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. According to the TISK, the transfer of duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities constitutes an obstacle to the necessary coordination of labour inspection activities. In the view of the TISK, the dispersion of responsibilities jeopardizes the integrity of inspection and does not allow the necessary coordination under the authority of a central body, as envisaged in the project for intervention against illegal employment prepared by the Ministry of Labour and Social Security. The TISK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is not often met, with the result that neither inspection records nor the relevant statistics are up to date. The TISK calls for the Government to publish the results of the remedial measures adopted for this purpose.

The Committee observes that neither the Government’s report received in 2007, nor the general report of the labour inspection for 2005 refers to any restructuring of the labour inspection system. The Committee would be grateful in this respect if the Government would provide clarifications, describe the measures referred to by the TISK to improve the exchange of information between inspection services and supply detailed information on their implementation in practice and on their impact on the compilation of statistics.

With reference to its 2007 general observation, the Committee requests the Government to provide information on any measure implemented to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 5(b). Collaboration between the labour inspection services and employers and workers. The Committee notes that, according to the Government  the Labour Inspection Council of the Ministry of Labour and Social Security has undertaken 17 tripartite projects since 2004 covering both occupational safety and health, and the application of general labour legislation. The Government indicates that, during the implementation of an inspection project, the social partners are informed and consulted concerning professional developments. Furthermore, reports on the results of inspection projects are published and made available to the social partners concerned. The Committee however notes that the Government does not provide sufficient details in this respect. It would be grateful if the Government would indicate the purpose, frequency and arrangements for this tripartite collaboration and provide information on its impact in terms of the objectives of labour inspection.

Article 3, paragraph 1(a) and (b), and Articles 10, 11 and 16. Human and logistical resources of the labour inspectorate necessary for the discharge of its duties. In its previous comment, the Committee referred to the comments of the Confederation of Turkish Trade Unions (TÜRK-IS) and requested the Government to indicate the manner in which it envisaged strengthening the staff, transport facilities and equipment necessary for the effective discharge of inspection functions. The Government announces the allocation of financial resources for the recruitment of inspectors. It adds that labour inspectors have access at all times to all existing transport facilities for their professional travel, and that a budget is envisaged and reserved for the purchase of portable computers. The Committee requests the Government to indicate developments in staff numbers and prospects in this respect, as well as changes in equipment, resources and transport facilities made available to labour inspectors during the period covered by the next report.

Article 3, paragraph 1(a) and (b), and Articles 17 and 18. Labour inspection activities. Balance between the function of inspection, on the one hand, and technical advice and information, on the other. The Committee notes that labour inspectors through inspections at the workplace raised 29,245,439.43 Turkish New Lira (TRY) in 2005 and TRY30,438,285.53 in 2007 in fines. Furthermore, they referred 7,843 cases of violations to the Public Prosecutor in 2005 and 5,327 cases in 2006. The TISK considers that the inspection system is principally repressive, with labour inspectors hardly discharging their preventive functions, namely the provision of information and technical advice. It also regrets that inspectors do not always have the necessary technical equipment for their investigations and that their reports of violations are drawn up rapidly and without a scientific basis, which can have serious consequences for employers. It observes that appeals against the decisions of labour inspectors are most frequently set aside by the courts, which are overworked, even though section 17 of Labour Law No. 4857 provides for the possibility to produce proof to the contrary. The TISK considers that labour inspectors should therefore only use their powers of punishment with care and attention. It its view, practices should be adopted which reward employers that comply with the law and limit intervention by the labour inspectorate in enterprises covered by a collective agreement to cases in which a complaint has been made.

The Committee notes with interest, from the information provided by the Government, that Law No. 4817 affords any person concerned a right to information and that advice is provided upon request either by the Labour Inspection Council or its regional departments, and also by the Communication Unit of the Office of the Prime Minister (BIMER). Information on the application of labour legislation and labour disputes is provided to the social partners through a telephone system “Allo labour”. However, the TISK considers that the system is inadequate and that it should be possible to provide information without a request being made, in a proactive manner. While noting the Government’s indications concerning the various information services available, the Committee draws the Government’s attention to paragraph 86 of its 2006 General Survey on labour inspection on this subject. In this paragraph, it refers to Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), which provides examples of measures for the promotion of continued education intended to inform the social partners of the applicable legal provisions and the need to apply them strictly, as well as the dangers to the life or health of persons and the most appropriate means of avoiding them (clause 1) and appropriate means of workers’ education (clause 2). The Committee encourages the Government to take inspiration from this guidance to develop educational approaches and tools intended to give the best possible effect to Article 3, paragraph 1(b), of the Convention and asks it to inform the ILO of any progress achieved in this respect.

Improvement of the labour inspection system in the field of occupational safety and health. The Committee notes with interest the information provided by the TISK concerning the development of an inspection policy based on prioritizing sectors and establishments that are at risk and involving the regular redefinition of the relevant criteria with a view to improving the supervisory techniques and methods of labour inspectors, their training and their capacity to issue appropriate recommendations. The Government is requested to provide information on the impact of this policy on the occupational safety and health situation in the industrial and commercial workplaces covered by the Convention, including the level of application of the relevant legislation and the number of accidents and cases of diseases that are occupational in origin. The Committee would be grateful if the Government would also provide data on the prosecutions made against employers which are at fault or in violation in the above fields and on the penalties imposed during the period covered by the next report.

Labour inspection and child labour. With reference to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes with interest the information provided by the TISK reporting the conclusion between the TISK and the TÜRK-IS on 12 December 2005 of a collaboration agreement to contribute to the implementation of the social collaboration project to combat child labour and the time-bound policies and programmes in the province of Adana. This collaboration takes the form of the establishment of an office responsible for the education of children, their families and employers, and for the provision of appropriate training in several regions and for various sectors. This structure followed the opening by the TISK of a working children’s bureau, which has been operational since April 1999 in three industrial sites. The joint office is reported to have begun providing services to seasonal child workers and street children, as well as those engaged in furniture production. The TISK suggests that this model should be extended to industrial regions of the organized economy and to smaller industrial sites. The objective is to provide health, education and training services to child workers and advice to adult workers and employers throughout the country. According to the TISK, as 87 per cent of children who work do so in small-scale workplaces (one to nine workers), measures should be designed to combat illegal employment in those enterprises.

Recalling that, in accordance with Article 3, paragraph 1(a), of the Convention, legal provisions relating to conditions of work include those respecting the employment of children and young persons, and with reference to its 1999 general observation on this issue, the Committee hopes that the Government will rapidly take the necessary measures at the various levels of social policy with a view to bringing an end, with the active collaboration of the labour inspectorate, to the illegal employment of these categories of particularly vulnerable workers, while at the same time guaranteeing their integration or reintegration into school. The Committee requests the Government to provide information on these measures and on the specific role attributed to labour inspectors in this area by the projects implemented in the context of cooperation with the ILO/IPEC programme. It would also be grateful if it would provide relevant statistics on the ten-year project to combat child labour, 2005–15, referred to in its report.

Article 6. Status and conditions of service of labour inspectors. The Committee notes, from the information provided by the TISK, that draft conditions of service for the public service, including a draft text of the specific conditions of service of labour inspectors, have still not been adopted and that labour inspectors are accordingly still covered by a 1979 text. The Government is asked to provide clarifications on this matter and to supply a copy, if possible in one of the working languages of the ILO, of any text that is in force determining the status and conditions of service of labour inspectors.

Article 7. Aptitude of labour inspectors and specific training for the discharge of certain functions. According to the TISK, between June 2005 and July 2007 significant progress was achieved in reforming social security schemes. However, the organization regrets that certain of the government services entrusted with responsibility for supervising the legislation which entered into force in May 2006, in contrast with labour inspectors who are duly trained for this purpose, often lack the necessary technical competence and human qualities indispensible for the discharge of their duties. The Government indicates in this respect that in 2006 labour inspectors participated in training seminars for an accumulated duration of 3,914 hours, particularly in the fields of occupational safety and health, personal protective equipment and labour legislation. The Committee requests the Government to provide clarifications on the viewpoint expressed by the TISK regarding the sharing of responsibilities for the supervision of social security legislation and to supply information on the content and regularity of the training provided to inspectors during their employment, and on the number of participants concerned in each case.

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

The Committee notes the Government’s report for the period ending in May 2005, in reply to its previous comments, particularly concerning the points raised by the Confederation of Progressive Trade Unions of Turkey (DISK), the Turkish Confederation of Employers’ Associations (TISK) and the Turkish Confederation of Public Workers’ Associations (Tükiye Kamu-Sen) in their respective observations, received by the Office on 22 October 2003. The Committee notes that the Government forwarded in an annex to its report the observations submitted by TISK, the Confederation of Trade Unions of Turkey (TÜRK-IS) and DISK on the application of the Convention, the annual reports on the activities of the labour inspectorate of 2002 and 2005 and the report on the joint ILO/IPEC project of 2005. Finally, the Committee notes Act No. 4947 of 16 July 2003 on the organization of the Social Security Institute.

1. Article 6 of the Convention. Status and independence of labour inspectors. The Committee notes that the issue of the right to organize of labour inspectors is also raised by DISK in its observation, as well as by the trade union organizations under Convention No. 87 and it therefore refers to its comments under the instrument.

2. Article 2. Developments of the scope of labour inspection. Previously in its observation of 2002, the Committee noted the measures taken by the Government to extend the coverage of the labour inspection system so as also to protect workers engaged in establishments in the informal economy, and it requested the Government to provide additional information on the impact of labour inspections by geographical area in compliance with the legislation in those establishments. In this respect, the Government indicates that all officials inspecting an establishment for whatever reason (for example, tax inspections) is also bound to verify that all workers are declared for social purposes and to notify the findings to the social insurance institution. Circular No. 2003/19 of 26 March 2003 emphasizes the importance of this issue and encourages the officials concerned, including labour inspectors, as well as other officials, to discharge this function scrupulously, thereby showing the importance that the Government attaches to supervising enterprises in the informal economy. The Committee notes with interest that the registration of enterprises and workers is also carried out through controls in the framework of the ILO/IPEC project, which led to the registration in 2004 and 2005 of an additional 1,758 enterprises. With reference to the observations submitted by TISK that the burden of inspection only falls on legally registered enterprises, the Committee welcomes the significant measures taken by the Government to generalize the registration of establishments, which also makes it possible for the labour inspection to cover the greatest possible number of workers. The Committee would be grateful if the Government would continue to provide information on the progress achieved in this respect and on inspection in practice by geographic zone and by sector.

3. Article 5(b). Collaboration between the labour inspection services, employers and workers. The Committee notes with interest that a tripartite committee entrusted with determining inspection activities to combat child labour and to evaluate them in order to improve them has been established under the ILO/IPEC project, and that similar committees have been established at the provincial level. However, the Committee notes that the Government did not provide any information on the measures taken to encourage the institutionalization of tripartite collaboration to improve the operation of the labour inspection services in other areas fields of its competence. The Committee refers in this respect to paragraphs 163-172 of the 2006 General Survey on labour inspection and once again requests the Government to take the relevant measures and to keep the ILO informed in this respect.

4. Articles 3, paragraphs 1(a) and (b), 10, 11 and 16. Human and logistical resources of the labour inspectorate. With respect to the number of labour inspectors, the Committee notes that, despite the recruitment of 86 new labour inspectors in 2002, according to the relevant tables in the annual report of 2005, the total number of labour inspectors has decreased significantly. In the view of DISK, the level of staff is limiting inspection activities to covering complaints and to merely sending letters to the concerned employers. In the opinion of DISK, the considerable efforts made by the labour inspectors to cope with the needs are fruitless, as their means of action are derisory in view of the investigating powers that should be vested in them by law, in accordance with Article 12 of the Convention. It also considers that, in the same way as TÜRK-IS, the ineffectiveness of the labour inspection is aggravated by the lack of means of transport and equipment. The Committee notes, as does TISK, that the reinforcement of labour inspection capacities should continue to be a priority in the process of achieving the aquis communautaires as defined by the European Union. In this regard, TISK points out that the framework document for access to the European Union, published on 29 June 2005, provides for an increase in the number of labour inspectors and their training. The Committee hopes that the Government will soon be able to report progress in this respect. It also asks the Government to specify the manner in which it envisages strengthening the resources, transport facilities and equipment necessary for the effective discharge of the inspection functions, including the provision of information and advice to employers and workers, the scheduling of routine inspections based on predetermined criteria and on-the-spot inspections in response to complaints and denunciations.

5. Labour inspection and child labour. The Committee notes once again with interest the development of institutional measures and labour inspection activities aimed at combating child labour effectively, and the results achieved, particularly in terms of integration and reintegration into the educational system, not only for the working children themselves but also for their brothers and sisters, and the monitoring of these children by the tripartite committees mentioned above. The Committee would be grateful if the Government would continue to provide information on all developments in this area.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the information provided in reply to its previous comments, particularly on the points raised by the Confederation of Progressive Trade Unions of Turkey (DISK) concerning the application of the Convention. It also notes the communication of the new Labour Act adopted on 22 May 2002, as well as the observation received by the ILO on 22 October 2003 from the Turkish Confederation of Employers’ Associations (TISK) concerning the application of the Convention. The Committee requests the Government to provide any explanations that it considers appropriate relating to the points raised by the above organization, so that the Committee can examine them together with information provided in the report.

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

The Committee takes note of the Government’s report and the attached documentation, which includes the observations of the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Trade Unions of Turkey (TÜRK-IŞ), as well as the Government’s replies to these observations. The Committee also notes the observation communicated by the Confederation of Progressive Trade Unions (DISK) and the absence of any government reply thereto.

The Committee notes that most of the points raised by the TISK and the TÜRK-IŞ were examined in its observations of 1998 and 1999. The problems were brought up by these organizations in previous comments concerning the application of those provisions of the Convention that relate to the scope of the national labour inspection system, collaboration between labour inspection officials, employers and workers or their organizations, the number of labour inspectorates and inspection visits, and the publication of the annual inspection report.

The observation of the DISK concerns the need to ensure that the number of labour inspectors meets the requirements of Article 10 of the Convention, as well as ensuring that they have sufficient funding and suitable working conditions so as to enable them to meet the objectives of the Convention. The DISK considers furthermore that labour inspectors must enjoy the independence which they need to do their work without being subjected to pressure, and that they should have trade union rights, in particular the right to form associations. Noting that the Government has not replied to the points raised by this organization, the Committee would be grateful to receive its views in this regard.

1. Scope of the national system of labour inspection (Article 2 of the Convention). In reply to observations on the problem of informal work, the Government acknowledges that this is one of the main problems of the Turkish economy and states that the methods used in inspection visits have been designed to ensure that labour inspection also covers informal sector enterprises. The Committee notes with interest that, in addition to the scheduled visits to establishments that are regularly registered on a list, non-scheduled visits are made in particular regions covering all establishments located in those regions, and no distinction is made between registered undertakings and those in the informal sector. According to the Government, this method, which makes it possible to monitor informal work, is used frequently, the emphasis being on education and training for all parties involved, while sanctions are used only as a last resort. The Government explains that labour inspectors are also free to carry out other types of inspection visit, without prior authorization, in order to follow up complaints or for any other pertinent reason. Measures cited by the Government in connection with the development of supervision activities in the informal sector include the publication of a guide to labour inspection by geographical region and by sector. The Government considers that regional inspections should help to eradicate the chronic problems of clandestine work, child labour and occupational hazards. Similarly, according to the Government, it should be possible to resolve labour relations problems quickly and comprehensively. The Committee would be grateful if the Government would provide information on the impact of regional inspections and the observance of legislation on conditions of work and protection of workers at work, especially in the informal sector.

2. Arrangements to promote collaboration between the labour inspection services, employers and workers (Article 5, paragraph (b)). According to the Government, even though such collaboration is not institutionalized, there are no obstacles to it in practice and inspectors are encouraged to consult workers or their representatives during inspection visits and the International Programme on the Elimination of Child Labour (IPEC) project implementation. The Government also states that the meetings organized by the Ministry of Labour and Social Security with the Labour Inspection Board, constitute a forum for collaboration with the social partners. The Committee would be grateful if the Government would indicate the questions on which there is collaboration between the labour inspection authority and the social partners during these meetings and on the results of such collaboration.

3. Combating child labour. With reference to its observation in 2000, the Committee notes once again with interest the development of activities under the IPEC aimed at bringing about the progressive elimination of child labour, with the participation of the social partners, universities and non-governmental organizations. The Committee notes in particular the training activities for labour inspectors in this area, the cooperation agreements concluded by the Labour Inspection Board with the social services and the child protection authority, the authorities responsible for primary education, and the traders’ and craftsmen’s association and the measures taken to enable the families concerned to send their children aged below 15 years to school. The TISK has expressed its satisfaction at the activities carried out jointly by the Government, the employers and representatives of civil society as part of the IPEC project, and at the Government’s commitment, under the five-year plan and the National Programme to implement European Union standards, to develop legislation on child labour with a view to prevention. The TISK also welcomes its involvement in the activities of the Child Labour Unit set up within the Ministry of Labour and Social Security and tasked with coordination of child labour programmes. According to the TISK, training activities for labour inspectors in the area of child labour are of great benefit for an approach to labour inspection that is preventive, rather than exclusively punitive.

As regards the question of child labour in the informal sector, the Government confirms that the phenomenon is growing, especially in commercial or crafts enterprises employing fewer workers than the threshold number defined for enterprises to be covered by labour legislation. Noting the Government’s data showing that, during 1994, visits carried out under the IPEC programme led to the registration of 257 previously non-declared enterprises, the Committee would be grateful if the Government would continue to communicate information on developments with regard to labour inspection activities in informal sector enterprises that employ child labour and on the results of such activities.

4. Shortage of labour inspectors (Articles 10 and 14). The Government reports that the Prime Minister has approved a plan to recruit 100 assistant labour inspectors. The Committee notes, however, that no indication is given as to whether this has been followed up. Furthermore, the total number of labour inspectors in service, as indicated in the Government’s report, suggests a significant reduction by comparison with the figures given previously, and the same can be said with regard to inspections. The Committee trusts that in its next report the Government will be able to report on measures to reinforce the number of labour inspectors with a view to attaining the stated objectives.

5. Publication of an annual inspection report (Article 20). Referring to the observation of the TÜRK-IŞ to the effect that the annual inspection report is not published in a manner that allows any reliable assessment of inspections, and noting that it is not clear from the Government’s reply to the observation whether a report of this kind is actually published and made available to the social partners and any other interested party, the Committee requests the Government to provide clarification on this point by specifying the mode of publication and by detailing how the report is disseminated.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report for the period ending July 1999 which contains detailed information showing the progress in practical resources, numbers of labour inspectorate staff and activities in the sectors covered as well as the results. The Committee notes the annual inspection reports as well as the comments made by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Trade Unions of Turkey (TÜRK-IŞ). Referring also to its observation in 1998 on the previous comments of these two organizations, and noting that the Government has not expressed its views on the questions raised in these comments, the Committee requests the Government to do so in its next report.

Labour inspection and child labour.  The Committee notes with interest the information concerning the progress in the project concerning the training of labour inspectors in the campaign against child labour in application of the Protocol signed at Ankara on 24 December 1996 in the framework of the agreement concluded with the IPEC programme in 1992. It notes in particular the considerable number of inspectors trained, as well as the organization established, and the technical and communication resources used for achieving the project objectives with the participation of trade unions, NGOs, the families of the children concerned and the institutions involved. Noting also with satisfaction the publication by the Ministry of Labour and Social Security in June 2000 of a report on implementation of labour inspection policy on child labour in Turkey and referring to its 1999 general observation, the Committee expresses the hope that the Government will be able to supply information regularly on the evolution of the subject, to record in the near future a considerable decrease in clandestine child labour in general and a tangible improvement in compliance with the legal provisions concerning the protection of young workers in particular.

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

Referring also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes the indication in the 1996 Annual General Report that the need to adopt a new approach to provide speedy, productive and modern supervisory services in the field of working life has become inevitable in the past few years and that the work will be launched on the reorganization of labour inspection services in 1997. The Committee would be grateful if the Government could provide information on the progress made in the process of implementation of such reform.

2. Article 11, paragraph 1. Equipment of offices. The Committee notes the statement in the 1996 Annual General Report that labour inspectors work with a limited number of administrative staff members and that they do not have adequate technological facilities at their disposal. The Committee further notes the indication of the Annual General Report that one of the main goals of the reorganization of labour inspection services is to provide modern facilities for supervisory services and, in particular, the use of computers. The Committee would be grateful if the Government could provide information on any improvement made in the equipment for labour inspectors in accordance with the requirements of the service.

3. Articles 13, 17 and 18. Prosecutions, sanctions, warnings and advice. The Committee notes the Government's indication in its report in relation to proceedings engaged and penalties imposed in 1995 and 1996 through administrative and safety and health inspections, as well as the number of establishments with deficiencies, those ordered to rectify the situation within a reasonable time, or immediately and those ordered to close down operations immediately. In the report the Government indicates that in 1995 in the process of occupational health and safety inspections, penalties were imposed in a total amount of TL13,462,940,000 (TL38,976,270,000 in 1996) and in the process of administrative inspections -- in a total amount of TL44,912,340,000 (TL33,060,825,000 in 1996) making up a total amount of TL58,375,280,000 (TL72,028,095,000 in 1996). In the process of occupational safety and health inspections out of 22,508 establishments with deficiencies 4,151 were fined, 12,203 establishments were ordered to rectify the situation within a reasonable time; 5,690 establishments were notified to make necessary corrections immediately and 14 establishments were ordered to stop their operation immediately (27,093, 3,613, 15,463, 4,362 and 41 respectively in 1996). In the process of administrative inspections 8,208 notifications of offences concerning 1,811 establishments were sent to the office of the public prosecutor (13,194 and 1,760 respectively in 1996). The Committee also notes the Government's statement that the information and figures indicate that the basic aim of the inspection is not to punish employers but to educate them so as to minimize or eliminate, if possible, the risks and the inconveniences they cause, and that it must be apparent that non-compliance with legislation cannot be tolerated forever.

The Committee would be grateful if the Government could indicate whether under the legislation the persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning and whether it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings.

4. Article 20, paragraph 1. Annual general report. The Committee would be grateful if the Government could indicate whether the 1996 Annual General Report was officially published, how many copies were printed and what is the procedure for access to such report by an interested party.

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

Further to its previous comments the Committee notes the information provided by the Government in its report for the period ending 31 May 1997 as well as in the Labour Inspectorate General Report for 1996. It also notes the observations by the Confederation of Turkish Employers' Associations (TISK) and by the Confederation of Turkish Trade Unions (TURK-IS).

1. Article 2 of the Convention. Scope of the national system of labour inspection. The Committee notes the observation of TURK-IS alleging that among the registered establishments in Turkey there are many small workplaces difficult to supervise and inspect; and that it is believed that there are about 4 million clandestinely employed workers in hundreds of thousands of unregistered small workplaces all around the country. The Committee also notes that for its part TISK in its observation points to the importance of bringing the informal sector under register, as only registered workplaces can be inspected and nothing can be done as concerns those which are not under coverage. The Committee hopes that the Government will provide its response to these allegations and indicate, in particular, the measures undertaken or envisaged in order to cover by the system of labour inspection the work performed in the informal sector, especially the work of children.

2. Article 5, paragraph (b). Collaboration. The Committee notes the observations by TURK-IS that there is no systematic and effective collaboration between the labour inspectors and workers and their organizations. The Committee hopes that the Government will provide information on the arrangements made in order to promote such collaboration.

3. Articles 10 and 16. Number of labour inspectors, workplace visits. The Committee notes the observations by TURK-IS alleging, inter alia, that it is impossible to discharge effectively the duties of the inspectorate and to inspect workplaces as regularly and efficiently as required by the Convention with approximately 400 inspectors of the Social Insurance Institution and with 633 labour inspectors of the Ministry of Labour and Social Security. The Committee recalls in this connection that in its previous comments it asked the Government to provide information on the measures taken or envisaged to ensure that the number of inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to ensure that workplaces are inspected as often and thoroughly as is necessary. The Committee notes the information provided by the Government that the list of staff of the Labour Inspection Board of the Ministry of Labour and Social Security consists of 1,020 positions (355 chief labour inspectors, 405 labour inspectors and 260 assistant labour inspectors). In 1996 there were 690 persons employed as inspection staff of whom there were 348 chief labour inspectors, 180 labour inspectors and 162 assistant labour inspectors (698, 353, 182 and 163 respectively in 1995). The Committee also notes the information that in 1996 there were 41,194 administrative inspections (35,193 in 1995), 32,003 safety and health inspections (28,686 in 1995) as well as several "project inspections": inspections in the construction industry; of petrol stations; of shoe manufactures in the province of Gazyantep; of the liquid oxygen production and refilling installations; in the textile industry; of carpet manufacturers and factories; of health establishments; and in the food sector in the Ankara province and the surrounding districts. In connection with the above the Committee hopes that the Government will indicate the measures taken or envisaged in order to fill vacant positions of the labour inspection staff with a view of increasing the annual percentage of actually inspected workplaces and employees. The Committee also hopes that the Government would continue to supply information on the new "project inspections" as well as on the results of such inspections undertaken in the past.

4. Article 20, paragraph 1. Annual general report. The Committee notes the observation of TURK-IS alleging that the annual general report on the work of the inspection services is not published in such a manner as to enable a reliable evaluation of the inspection and hopes that the Government will provide information in response to these allegations.

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

Referring also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. Articles 20 and 21 of the Convention. The Committee notes with interest the annual inspection reports for 1993 and 1994. The Committee hopes that the Government will continue to transmit to the Office, within the time-limits set out in the Convention, annual inspection reports containing all the information required by the Convention.

2. Articles 16 and 21(c). The Committee notes the information contained in the 1993 annual labour inspection report that some 35,254 inspection visits were undertaken (general control, control of workers' health and safety, etc.) in workplaces employing some 2 million workers, amounting to 53 per cent of the total number of workers, indicated as being some 3.7 million. The Committee notes that the corresponding figures for 1994 have decreased to, respectively, 31,089 inspection visits covering 965,000 workers, representing 25 per cent of the total number of 3.8 million. The Committee would appreciate that the Government provide information on the total number of workplaces under the purview of the inspectorate and the number of workers employed therein. The Committee notes in this connection, in relation to inspections concerning safety and health, the information contained in the 1993 and 1994 annual labour inspection reports according to which, as there is not sufficient information on the number of workplaces that need to be inspected, it is not possible to determine the percentage of workplaces covered by these inspections. The Committee notes that as from 1994 data on workplaces under inspection were to be collected and processed by computerized means. The Committee hopes that any improvement will be reflected in the annual labour inspection reports and that the Government will provide information on the progress achieved in the identification of workplaces.

3. Article 17. The Committee notes that the TISK renews its views that inspections should be carried out in an educative rather than critical spirit and in such a way that production in the workplace is not disrupted. The Committee recalls that under the Convention failure to observe legal provisions shall lead to prompt legal proceedings and that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings.

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

The Committee notes the information provided by the Government in its report for the period ending June 1995. It also notes the observations by the Turkish Confederation of Employer Associations (TISK) and by the Confederation of Trade Unions of Turkey (TURK-IS).

1. Articles 10 and 16 of the Convention. In its observations TURK-IS alleges that the number of inspectors is not sufficient to secure the effective discharge of the duties of the inspectorate and to inspect workplaces as regularly and efficiently as required by the Convention with the effect that clandestine and black employment is widespread and was estimated in 1994 to 4 million workers, among which were children below the minimum age for admission to employment. Referring more specifically to inspection by the Social Security Association (SSA), TURK-IS states that the 415 inspectors of the SSA have to carry out all kinds of inspections called for by the SSA and the 610,000 workplaces which register their workers, and that for this reason a large proportion of inspections concerning illegal workers are carried out following a complaint. The trade union considers that the number of Ministry of Labour and Social Security labour inspectors and the power invested in them is far from adequate to allow labour inspection to be carried out in the manner foreseen in the Convention.

The Committee notes that for its part TISK is of the opinion that complete harmony with the Convention has been reached; adequate mechanisms have been set up in order to inspect the conditions of work in workplaces and the protection of workers, and a large number of men and women inspectors have been appointed for that purpose.

The Committee hopes that the Government will provide its comments on the allegations made by TURK-IS and information on the measures taken or envisaged to ensure that the number of inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and to ensure that workplaces are inspected as often and thoroughly as is necessary.

2. Article 3, paragraph 1(a). The Committee notes from the 1993 annual labour inspection report that an extensive inspection programme was carried out in the ship-breaking yards in the Aliaga region. According to the report, the regulations governing activities in the yards are not respected, and workers' health and security are jeopardized during the dismantling process by hazards such as fires, explosions, asbestos dust. The Committee notes that the inspections were due to continue in 1994 and that solutions to problems were sought through a revision of the regulations. The Committee hopes that the Government will provide information on the results achieved through the inspection, the revision of the regulations as well as on measures taken to ensure the application of the relevant provisions.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee has taken note of the Government's report for the period 1 July 1994 to 30 June 1995 received on 24 November 1995, to which comments of the Confederation of Turkish Trade Unions (TURK-IS) and of the Confederation of Turkish Employers' Association were appended. The Committee is deferring consideration of the matter, pending translation from the Turkish language of the comments by the employers' and workers' organizations.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. In its previous comment, the Committee noted that an annual inspection report for 1988 had not yet been published, and that statistics of violations of labour legislation and the penalties imposed had not been communicated. It now notes that a Report on the Activities of the Labour Inspectorate has been compiled, including certain statistics for "1984-1991", and was transmitted to the Office in November 1991. The Government also says that annual reports since 1986 as well as the report for the coming year will be published as soon as possible within a year. The Committee hopes that the Government will publish and transmit the annual reports on inspection required by the Convention, and that they will include all relevant statistics, in particular, of numbers of workplaces and workers liable to inspection, violations and penalties, and occupational diseases (Article 21(c), (e) and (g)).

Articles 10, 11 and 16. The Government has indicated that through lack of means and equipment the numbers of inspectors available have suffered lower efficiency in discharging their legal responsibilities in respect of an increasing volume of work. The Committee has noted also the comments of the Turkish Confederation of Employer Associations (TISK) that the relevant legal provisions have, in the absence of large-scale coordination, been subjectively and divergently interpreted. In this respect, it notes the Government's indication that, while no problems in the application of the Convention were encountered in the reporting period, the new regulations on inspection have not in fact yet been published. The Committee hopes the next report will show how the Government is overcoming these difficulties.

Articles 7 and 9. The TISK has also drawn attention to the importance of inspection personnel undergoing continuing education in the light of industrial development and industrial relations issues. Please indicate any measures taken or proposed in order to improve the implementation of these Articles.

Article 17. TISK has further expressed the view that inspections should provide incentives and serve as a guide: in its view, their purpose is not to punish employers or burden them with new problems. The Committee recalls that under the Convention failure to observe legal provisions may lead to immediate legal proceedings, although inspectors may be allowed in the first instance to give warnings or advice. Please indicate how this Article is applied in practice.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. The Committee takes note of the statistics for 1988 on the subjects listed at Article 21 of the Convention (except for the statistics of violations and penalties imposed). It hopes that the annual inspection report for 1988 will shortly be published and transmitted to the International Labour Office.