Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Türkiye (Ratification: 1952)

1. Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes with interest the information contained in the Government’s report received in October 2006, in reply to its 2004 observation, and the detailed comments and supplementary information provided thereon by the Turkish Confederation of Employer Associations (TİSK), and the brief statement of the Confederation of Public Servants’ Trade Unions (MEMUR–SEN). The Committee recalls that, under the Turkish Employment Agency Law, private employment agencies may be involved in the activity of finding employment or employees, on condition that they have been selected and given permission within the framework of specified requirements by the Turkish Employment Agency (IŞKUR). In response to the Committee’s observation in 2004, requesting up to date statistical data on the activities of private employment agencies, the Government reports that the 175 private employment offices were inspected by IŞKUR, of which 53 administrative fines were issued for unlicensed activities by private employment agencies. Between 2004 and 2006, 157 applications were received by the IŞKUR, for licences to operate as private employment agencies. Of these applications, 153 were allowed and licences were granted to them to operate. The Committee would appreciate continuing to receive information in the Government’s next report on the practical measures adopted by IŞKUR to supervise the activities of the agencies covered by the Convention, providing summaries of inspection reports and information on the number and nature of contraventions reported, and any other particulars bearing on the effective implementation of the Convention (Article 14 of the Convention, and Parts IV and V of the report form).

2. The Committee also notes that a “Project of Operating and Auditing of Private Employment Offices” was launched in April 2005 by the Labour Inspection Board, with the cooperation of the European Union’s Administrative Cooperation Fund, which provides, inter alia, for the improvement and harmonization of the Turkish system of private employment offices with European Union standards. The Committee would welcome receiving further information on developments and outcomes under this project.

3. Revision of Convention No. 96. The Committee notes that, by section 17 of Chapter 5 of the Turkish Employment Agency Law, private employment agency permits are valid for a period of three years, which are renewable for further three-year periods, whereas Article 10(b) of the Convention provides for fee-charging employment agencies to be in possession of a yearly licence renewable at the discretion of the competent authority. In this regard, the Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), in particular Article 3 thereof, provides more flexible provisions for the supervision of private employment agencies. The 273rd Session of the ILO Governing Body, held in November 1998, invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will involve the immediate denunciation of Convention No. 96. Accordingly, the Committee notes that, until such time as Convention No. 181 has been ratified, Convention No. 96 remains in force, and thus the Committee shall continue to examine the implementation of Part III of Convention No. 96 in national law and practice. The Committee refers to its 1999 and 2004 observations on this matter, and invites the Government to keep it informed of consultations that may have been held with social partners concerning ratification of Convention No. 181.