Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TISK), the Confederation of Turkish Trade Unions (TÜRK-IS) and the Confederation of Turkish Real Trade Unions (HAK-IS) communicated with the Government’s report.

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes the comprehensive information provided by the Government on the number of persons placed by private employment agencies on a yearly basis from 2008 to 2013. The Government indicates that 399 private employment agencies are operating in the country by way of a licence granted by the Turkish Employment Agency (İŞKUR). The Government indicates that the results of the inspections carried out showed that issues that arise include those of private employment agencies operating without a licence, agencies charging fees, agencies hiring foreign workers without a work permit, and the non-payment of social security contributions. In these cases, the Government states that sanctions have been imposed on the agencies concerned. The Committee notes the information provided by TISK on the legislative changes that have occurred during the reporting period, such as the adoption in 2013 of the Private Employment Agency Regulations, which includes information on the fees that may be charged by private employment agencies with respect to certain occupational groups. The Committee requests the Government to provide information on the measures adopted 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 Part III of the Convention.

Revision of Convention No. 96. Prospects of ratification of Convention No. 181. The Committee once again reiterates that 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, whereas section 17 of Chapter 5 of the Turkish Employment Agency Act provides that private employment agency permits are valid for a period of three years and may be renewed for further three-year periods. 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. In its previous comments, the Committee recalled that the Governing Body, at its 273rd Session in November 1998, invited the State parties to the Convention to contemplate ratifying, as appropriate, Convention No. 181 (document GB.273/LILS/4(Rev.1)). Such ratification would entail the immediate denunciation of the Convention. In this regard, the Government indicates in its report that consultations were held with the social partners on the possibility of ratifying Convention No. 181; however, no consensus has been reached. In its observations, TISK refers to the Action Plan 2014–15 indicating that Convention No. 181 and the EU Directive 2008/104/EC on temporary agency work will be taken into account in the statutory provisions relating to private employment agencies. TISK adds that the Government has taken initial steps in connection with Convention No. 181. TÜRK-IS indicates that it is, in principle, against initiatives that pave the way for the expansion of the activities of private employment agencies; more specifically, against arrangements which may be likely to lead to a situation where labour exchange services are no longer the affair of the State. TÜRK-IS adds that in such a situation the result would be a monopoly set-up where labour supply and demand are combined in the hands of the employer, and a set-up of that nature would be the primary obstacle to trade union organization. TÜRK-IS calls for the ratification of Convention No. 181, indicating that steps must be taken to protect workers from malicious practices and to guarantee workers the right to freedom of association and the right to bargain collectively, as requested in Article 4 of Convention No. 181. The Committee therefore invites the Government to continue to report on the consultations held with the social partners concerning the ratification of the Private Employment Agencies Convention, 1997 (No. 181), which would involve the immediate denunciation of the Convention. As the Convention remains in force, the Committee requests the Government to continue to provide information on the measures taken to comply with the Convention, including with regard to Article 10(b).