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

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Türkiye (Ratification: 1984)

The Committee notes that the Government’s report has not been received. It 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

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the observation made by the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ) that the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. It had also noted the observation made by the Confederation of Turkish Employers’ Associations (TISK), which expressed discontentment because of the insufficiency of occupational health services. In this regard, the Government had indicated that, once the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health (GDOH) is adopted and the General Directorate established, the inspection and occupational health services would improve. The Committee notes the Government’s information that Law No. 4947 of 24 June 2003 regulates the tasks to be performed by the GDOH, whose responsibilities include taking measures to protect all employees in matters of occupational safety and health. The Committee notes, among other activities undertaken by the GDOH, the creation, on 25 February 2005, of the National Council for Occupational Health and Safety, which constitutes a forum for discussion where all the concerned parties are represented, including social partners, universities, professional organizations, trade unions of officials and non-governmental organizations.

Furthermore, the Committee notes that a multitude of new regulations were adopted pertaining to occupational health and safety in many sectors. More specifically, it notes with interest that sections 91 and 92 of Labour Act No. 4857 entrust the task of monitoring the implementation of labour legislation to officials of the Ministry of Labour and Social Security who are entitled, when they deem it necessary, to inspect or examine establishments, their administration, registers, records, etc. By virtue of subsection (2) of section 92, it is the duty of the employer, his/her representatives, the employees and any other person concerned to give to the officials any information requested or hand over any relevant documents and records. The Committee also notes the Government’s information that, by virtue of Labour Act No. 4857, employers are liable to a fine of 167 new Turkish liras for each employee if they fail to produce the medical certificate for employees in accordance with section 86 (arduous or dangerous work), and to the same amount if they do not procure medical certificates for children in accordance with section 87 (young persons between 14 and 18 years, including those in their eighteenth year).

Finally, the Committee notes that, according to the statistics provided by the Government, 26,617 inspections were conducted in 2006, in which 1,158,372 employees were reached. Throughout these inspections, particular attention was given to young persons between 14 and 18 years in enterprises by verifying their medical certificates, in accordance with section 87 of Labour Act No. 4857, as well as verifying the repetition of their medical examinations every six months. The Committee requests the Government to provide more detailed information on the results collected through these inspections and, more specifically, on the number of violations reported of national legislation on the medical examination of young workers. It also requests the Government to continue providing information on the practical application of the Convention.

Part VI of the report form. The Committee notes that the Government has communicated copies of its report to various organizations of employers and workers, in conformity with the Convention. However, it observes that observations made in response to the Government’s report by the TISK were not attached to the report, despite the Government’s indication to the contrary. Consequently, the Committee requests the Government to communicate, as soon as possible, the observations made by the TISK to the Office.