Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

Case No 2200 (Türkiye) - Complaint date: 17-MAY-02 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 319. The Committee last examined this case at its meeting in June 2004 and made the following recommendations which remain pending [see 334th Report, para. 762]:
2. (a) Bearing in mind that a process to amend Act No. 4688 is under way and that it is part of a more general reform process, the Committee requests the Government to provide the relevant texts amending Act No. 4688 in compliance with its obligations to the ILO supervisory mechanisms.
3. (b) With respect to the allegations of favouritism within Türk TELEKOM and the Office of Agricultural Products, the Committee urges the Government: (i) to examine without delay the allegations on the establishment of an institution administrative committee in Türk TELEKOM with the participation of Türk Haber-Sen and the distribution by the Office of Agricultural Products of membership forms in favour of Türk Tarim-Orman Sen union, including any concomitant acts of anti-union discrimination that might have occurred; (ii) to take the necessary steps in order to ensure that all unions are treated on an equal footing and that the workers concerned may freely choose the union they wish to join; and (iii) to keep it informed of any developments in this respect.
4. (c) With respect to the 107 workers involved in SES’ activities, the 30 members and officers of EGITIM-SEN and the 13 members and officers of unions affiliated to KESK, the Committee: (i) urges the Government to institute, without further delay, independent inquiries, in order to establish whether the workers concerned have been adversely affected in their employment by reason of their legitimate trade union activities; (ii) urges the Government, if it is established that these workers have been subject to anti-union discrimination, to take all the necessary measures to remedy without delay any effects of anti-union discrimination and, in particular, to declare null and void transfers decided for anti-union reasons and take immediate measures so that the workers concerned be returned to the positions they held before being transferred; and (iii) requests the Government to keep it informed of developments in this respect.
5. 320. In a communication dated 25 July 2005, the Government indicated with regard to the allegations of favouritism during the establishment of the administrative committee in Türk TELEKOM under the Public Employees’ Trade Unions Act No. 4688, that section 22 of the said Act required the establishment of an administrative committee within public organizations with the participation of the representatives of the public employer and an equal number of representatives of the most representative trade union in the relevant organization in order to give their opinions on the questions of working conditions of the public employees and the equal application of the law vis-à-vis public employees. In accordance with Act No. 4688 and the regulation issued in pursuance of section 41 of the said Act, this Committee has been meeting twice a year in April and October on the day, hour and place to be determined by representatives of the employer. At the end of the meetings, the views of the parties have been reported as meeting records and one copy has been given to both the representative of the trade union and the representative of the public employer. One copy has been displayed at the notice board of the public organization.
6. 321. The Government added that within this framework the administrative committee meetings have been held every year in April and October following the first meeting in April 2002 with the participation of the representatives of Türk TELEKOM A.S. (Turkish Telecom Company) and the most representative trade union at Türk TELEKOM A.S. According to the Government, there has never been favouritism in this respect.
7. 322. With regard to its request under (a) above for the Government to provide the texts amending Act No. 4688 in compliance with its obligations to the ILO supervisory mechanisms, the Committee takes note of the observations made in 2004 on Act No. 4688 by the Committee of Experts on the Application of Conventions and Recommendations (see 2004 observations on the application by Turkey of Conventions Nos. 87 and 98). The Committee also takes note of the information of legislative amendments on Act No. 4688, provided by the Government representative of Turkey to the Conference Committee on the Application of Standards during the 93rd Session of the International Labour Conference (June 1005) (see Provisional Record No. 22, Part two, 93rd Session, Geneva, 2005).
8. 323. The Committee notes with regret that the Government does not provide specific information in reply to its recommendations under (b) and (c) above, for the Government to examine allegations of favouritism and adopt measures to treat all trade unions on an equal footing, and to conduct independent inquiries into numerous allegations of anti-union discrimination against KESK affiliates and their members, with a view to the adoption of remedial measures in cases where the allegations are found to be true.
9. 324. The Committee recalls the allegations made by the complainant Confederation of Public Employees’ Trade Union (KESK) according to which: (1) Türk TELEKOM and Türk Haber Sen had established an administrative committee on 29 April 2002, that is, before the end of the legal deadline of 31 May set in section 30 of Act No. 4688, thus preventing KESK from participating in the Committee; (2) the Office of Agricultural Products had distributed to workers membership forms in favour of the Türk Tarim-Orman Sen union, asking both employees joining the union and those not joining, to return the forms in question; (3) members and officers of KESK’s constituent unions as well as workers participating in their activities were victims of anti-union discrimination mainly consisting in transfers against their will from one duty station or workplace to another and court actions against some of them. The three groups of public employees which had allegedly suffered anti-union discrimination were: (i) 107 officers and members of the Health Workers’ Union (SES) affiliated to KESK, as well as workers who participated in the union’s activities; (ii) 30 members and officers of EGITIM-SEN, the education union affiliated to KESK, the majority of whom were also subject to court actions by the administration; and (iii) 13 officers and members of affiliated unions who were subject to a number of penalties such as imprisonment, administrative sanctions and refusal of promotion [see 330th Report, paras. 1081-1083, 1100, and 334th Report, paras. 726 and 749-750].
10. 325. The Committee regrets that, for the third time, the Government failed to reply to serious allegations of favouritism and anti-union discrimination and has ignored the specific recommendations made by the Committee in this respect. The Committee must recall, once again, that by according favourable or unfavourable treatment to a given organization as compared with others, a government may be able to influence the choice of workers as to the organization they intend to join; in addition, a government which deliberately acts in this manner violates the principle laid down in Convention No. 87 that public authorities should refrain from any interference which would restrict the rights provided for in the Convention or impede their lawful exercise. On more than one occasion, the Committee has examined cases in which allegations were made that public authorities had, by their attitude, favoured or discriminated against one or more trade union organizations. Any discrimination of this kind jeopardizes the right of workers set out in Convention No. 87, Article 2, to establish and join organizations of their own choosing [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 304 and 306].
11. 326. The Committee must also recall regarding acts of anti-union discrimination that:
12. – no person shall be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities [see Digest, op. cit., para. 690];
13. – protection against acts of anti-union discrimination should cover not only hiring and dismissal, but also any discriminatory measures during employment, in particular, transfers, downgrading and other acts that are prejudicial to the workers [see Digest, op. cit., para. 695];
14. – protection against acts of anti-union discrimination is particularly desirable in the case of trade union officials to enable them to perform their trade union duties in full independence [see Digest, op. cit., para. 724];
15. – the Government is responsible for preventing all acts of anti-union discrimination and ensuring that workers subject to such treatment have access to means of redress which are expeditious, inexpensive and fully impartial [see Digest, op. cit., paras. 738 and 741];
16. – where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention [see Digest, op. cit., para. 754].
17. 327. In view of the complete lack of new information the Committee can only reiterate its previous conclusions, which read as follows:
18. (a) With respect to the allegations of favouritism within Türk TELEKOM and the Office of Agricultural Products, the Committee urges the Government: (i) to examine without delay the allegations on the establishment of an institution administrative committee in Türk TELEKOM with the participation of Türk Haber-Sen and the distribution by the Office of Agricultural Products of membership forms in favour of Türk Tarim-Orman Sen union, including any concomitant acts of anti-union discrimination that might have occurred; (ii) to take the necessary steps in order to ensure that all unions are treated on an equal footing and that the workers concerned may freely choose the union they wish to join; and (iii) to keep it informed of any developments in this respect.
19. (b) With respect to the 107 workers involved in SES’ activities, the 30 members and officers of EGITIM-SEN and the 13 members and officers of unions affiliated to KESK, the Committee: (i) urges the Government to institute, without further delay, independent inquiries, in order to establish whether the workers concerned have been adversely affected in their employment by reason of their legitimate trade union activities; (ii) urges the Government, if it is established that these workers have been subject to anti-union discrimination, to take all the necessary measures to remedy without delay any effects of anti-union discrimination and, in particular, to declare null and void transfers decided for anti-union reasons and take immediate measures so that the workers concerned be returned to the positions they held before being transferred; and (iii) requests the Government to keep it informed of developments in this respect.