Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Türkiye (Ratification: 1967)

The Committee notes the Government’s report of 2014, as well as the observations of the Turkish Confederation of Employer Associations (TİSK) received on 1 September 2014, which were supported by the International Organisation of Employers (IOE). The Committee also notes the observations of the Confederation of Public Employees Trade Unions (KESK) received on 1 September 2014 and the reply from the Government, received on 12 November 2014. Furthermore, the Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Legal Workers’ Trade Union Confederation (HAK-IS), KESK and TİSK, which were attached to the Government’s report.

Articles 1 and 2 of the Convention. Discrimination based on political opinion. For many years, the Committee has been requesting the Government to provide information on the practical application of the Anti-Terrorism Act and the Penal Code in cases involving journalists, writers and publishers expressing their political opinions. In this regard, the Committee notes that TÜRK-IŞ reiterates that hundreds of journalists have been arrested or convicted because of their views and that they also face lawsuits due to their political opinions. The Committee notes with deep regret that once again the Government has not provided any information on this issue. The Committee requests the Government to take all the necessary measures without delay to ensure that no journalist, writer or publisher is restricted in the exercise of their employment and occupation because of their political opinions. The Committee once again requests the Government to provide information on the practical application of the Anti terrorism Act and the Penal Code in cases involving journalists, writers and publishers, as well as on all the cases brought before the courts against them, indicating the charges brought and the outcome.

Discrimination in recruitment and selection. For a number of years, the Committee has been referring to the fact that section 5(1) of the Labour Code, which prohibits any discrimination based on language, race, sex, political opinion, philosophical belief, religion and sect, or similar reasons in the employment relationship, does not prohibit discrimination at the recruitment stage. In this regard, the Committee also noted that section 122 of the Penal Code provides for penal sanctions for those responsible for discrimination, but that, according to TİSK’s observations, victims could not claim compensation. The Committee notes that the Government only indicates that, following the adoption of a decree in February 2014, disability has been included as one of the grounds of discrimination protected under section 5(1) of the Labour Code. The Committee once again requests the Government to take the necessary measures to ensure that victims of discrimination in recruitment and selection have access to adequate procedures and remedies, and to provide information thereon. The Government is also requested to provide information on the number, nature and outcome of criminal proceedings under section 122 of the Penal Code.

Article 2. Equality of opportunity and treatment for men and women. The Committee has been referring to the need to promote gender equality and to increase women’s participation in the labour market, including in those jobs and occupations mainly carried out by men. The Committee notes the information provided by the Government on the adoption of legal provisions establishing various incentives for the employment of women and for the inclusion of rural women workers in the social insurance scheme. The Government also refers to various projects and programmes, including vocational training programmes aimed at the inclusion of women in the labour market, and to the National Employment Strategy which has the objective, among others, of raising the labour force participation rate of women to 41 per cent by 2023. Furthermore, the Government refers to the adoption of Act. No. 6356 of 2012 on trade unions and collective bargaining under which trade unions have to consider gender equality in their activities. The Committee notes TİSK’s indication that, as a result of the support provided to employers in those sectors employing women, their employment rate rose from 26.2 per cent in 2008 to 30.8 per cent in 2013. However, according to TİSK, this rate is still very low due to: (i) the lack of adequate levels of education and vocational training for women, who are mainly trained in occupations that are socially accepted as being specific to women; (ii) women are limited to childcare and housework due to gender stereotypes; and (iii) the absence of adequate childcare facilities. The Committee also notes that HAK-IS, TÜRK-IŞ and KESK refer to the impact of gender stereotypes on the labour market participation of women and the lack of adequate work–life balance and childcare facilities. TÜRK-IŞ and HAK-IS also indicate that the low rate of unionization of women hinders the effective enforcement of their rights. TÜRK IŞ further indicates that new forms of flexible employment, such as homework, part-time work and temporary work, do not contribute to increasing women’s labour market participation, as they perpetuate gender stereotypes and deprive women of social security. The Committee notes, from the statistics provided by the Government, the significant gender segregation persisting in the country, with women more represented in sectors such as education and care. The Committee notes that the impact of some of these training programmes is low with only 914 women employed out of 9,856 women trained. The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations which men and women are able to choose. The Committee requests the Government to continue taking measures, including in the framework of the National Employment Strategy, to promote the access of women to adequate education and vocational training, and to a wider range of jobs and occupations, and to provide information on specific improvements in this regard. The Committee further requests the Government to take measures for the provision of childcare facilities to facilitate the participation of women in the labour market, and to carry out awareness-raising activities to combat gender stereotypes. Please provide information in this regard. With respect to Act No. 6356, the Committee requests the Government to provide information on its implementation and, in particular, copies of collective agreements that refer to the above issues.

Dress code. The Committee has been referring for a number of years to the fact that the general prohibition of head coverings could have a discriminatory effect on women with regard to their access to university education. The Committee notes that the Government refers to article 5 of the Regulation on Dressing Code of Civil Servants Working at Public Institutions. The Committee requests the Government to provide further information on the implementation of this new regulation and to indicate if it also applies to women students at university.

Civil service. In its previous comments, the Committee requested the Government to take proactive measures to: encourage women’s participation in the civil service; address any allegations of gender discrimination in the civil service; ensure that men and women can effectively participate on an equal footing in examinations for positions in the civil service; and provide statistics disaggregated by sex on participants in these examinations. The Committee notes the Government’s indication that the number of women working in the civil service is 991,817, while the number of men is 1,670,562. It further indicates that the number of women in management posts has increased from 480 in 2008 to 595 in 2014. However, the Committee notes that KESK refers to different situations of discrimination of civil servants (the recording in personnel files of inappropriate data, discriminatory use of promotion and appointments, and of the rewards system) and to the lack of adequate sanctions in the event of discrimination. The Committee notes in this regard that no concrete information has been provided by the Government on these issues. Noting the low participation of women in the civil service, the Committee once again requests the Government to take proactive measures to encourage women’s participation in the civil service, to ensure that both men and women can participate in examinations for positions in the civil service on an equal footing and to address any allegations of gender discrimination. The Committee requests the Government to provide concrete information on any developments in this regard.

Noting KESK’s allegations concerning discrimination against Kurdish or Muslim Alevi civil servants on the basis of their ethnic origin or religion through, among others, the recording of inappropriate data in their personnel files, the Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures taken concerning the Committee’s previous comment related to security investigations into candidates for the civil service.

Enforcement. Noting that the Government provides no information in this respect, the Committee once again requests the Government to provide information on the complaints dealt with by the labour inspectorate related to the implementation of section 5 of the Labour Code, as well as the cases brought before the judicial authorities, the outcome of such cases, the remedies granted and sanctions imposed.

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