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

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

The Committee notes the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) dated 9 April 2012, those of the Turkish Confederation of Employers’ Associations (TİSK), dated 20 April 2012, and the Government’s report.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the observation made by TÜRK-IŞ that the application of the Convention was unsatisfactory due to the insufficiency of inspections and sanctions. It also noted the observation by TİSK expressing discontentment at the insufficiency of occupational health services. In this respect, the Committee noted that the functions of the General Directorate of Occupational Health (GDOH), the responsibilities of which include taking measures to protect all employees in matters of occupational safety and health, were determined in the context of Act No. 4947 of 24 June 2003. The Committee also noted with interest sections 91 and 92 of Labour Act No. 4857, under the terms of which the task of monitoring the implementation of labour legislation is entrusted 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 and records. Under subsection 2 of section 92, the employer, his/her representatives, the employees and any other person concerned are required to provide to the inspector any information requested or to hand over any relevant documents or records. The Committee also noted the Government’s indications that Labour Act No. 4857 imposes a fine of 167 new Turkish lira on employers who fail to produce the medical certificate required by section 86 (arduous or dangerous work), and the same amount for employers if they do not procure the medical certificate required by section 87 (young persons between 14 and 18 years of age, including those in their 18th year), for each employee.

The Committee notes the allegation made by TÜRK-IŞ, according to which the number of workplaces inspected and the inadequacy of audits remains a concern. The Committee also notes the information provided by TİSK that the adoption of the Occupational Safety and Health Bill, which was forwarded to the Turkish Grand National Assembly in April 2012, and the implementation of the draft document on the national occupational safety and health strategy, recently prepared by the GDOH, will improve and reinforce labour inspection in relation to occupational safety and health, including verification of the application of the provisions of the Convention.

The Committee also notes the information provided by the Government concerning the number of inspections carried out in all workplaces – industry, commerce, agriculture and forestry – and the data on the children and young workers for whom the medical examinations were verified during these inspections. The Government indicates that 27,500 inspections were carried out in 2007, during which 1,085,184 workers, including 97 children, were inspected. In 2008, 23,446 inspections covered 876,325 workers, including 531 children. In 2009, 19,709 inspections covered 868,432 workers, including 96 children and 70 young persons. Finally, in 2010, there were 6,821 inspections covering 595,262 workers, including 25 children and 60 young persons. However, the Committee observes that the Government has still not provided information on the number of violations of the national legislation reported concerning the medical examination of children and young workers. The Committee therefore once again urges the Government to provide more detailed information on the results of these inspections and, in particular, the number of violations reported of the national legislation on the medical examination of young workers. It also requests the Government to provide information on the progress achieved in the adoption of the Occupational Safety and Health Bill of 2012 and the draft document on the national occupational safety and health strategy. It requests the Government to continue providing information on the application of the Convention in practice.