Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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), which were communicated with the Government’s report.

Part III of the Convention. Regulation of fee-charging employment agencies. In its previous comments, the Committee requested the Government to provide information regarding the measures adopted to supervise the activities of agencies covered by the Convention. The Committee welcomes the comprehensive information provided by the Government, including details of the legislative changes made since the last report. It notes in this regard that Act No. 6715, dated 20 May 2016, amending the Labour Law and the Turkish Employment Agency (İŞKUR) Law allows private employment agencies to establish temporary employment relationships and aims to provide “flexicurity” in the labour market. Licences for establishing a private employment agency are issued by İŞKUR, contingent upon compliance with several legislative requirements, such as providing financial guarantees and submitting quarterly statistical reports. A licence may be revoked if a private employment agency fails to comply with the legislative provisions, including charging fees to jobseekers or workers, or engaging in temporary employment activities without prior authorization from İŞKUR. According to the Government, the licences of 55 private employment agencies have so far been revoked, leading to their activities being terminated. Additionally, the Directorate of Guidance and Inspection of the Ministry of Labour and Social Security (MoLSS) has conducted scheduled inspections of private employment agencies registered with İŞKUR since 2018. Prior to that year, inspections were carried out in private employment agencies registered with İŞKUR and in unauthorized private employment agencies within the scope of unscheduled inspections. The Government indicates that a total of 325 inspections were conducted during the reporting period, involving labour inspectors reaching 13,856 workers (6,959 women and 6,897 men). Following these scheduled inspections, licences for 15 private employment agencies operating were revoked due to violations of legislative provisions. The Committee notes from the report that, in 2022, there were 590 private employment agencies operating in Türkiye and that 477,106 workers have been employed through these agencies since 2004 (34,778 workers in 2021). The Committee requests the Government to continue to provide updated information on measures taken to monitor private employment agency activities, including summaries of inspection reports, details on the number and nature of infringements reported and any other available information, particularly with regard to the cases where the decision was taken to revoke an agency’s operating licence. It also requests the Government to provide information on the measures taken to supervise unauthorized agencies operating in the country.

Prospects of ratification of Convention No. 181. The Committee refers to its previous comments and recalls 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. The Committee notes the Government’s indication reiterating that licences for private employment agencies are valid for three years. The Committee once again recalls that the Private Employment Agencies Convention, 1997 (No. 181), which represents the ILO’s up-to-date standard and policy approach in respect of private employment agencies, includes more flexible provisions for the supervision of private employment agencies. Moreover, the ILO Governing Body, at its 337th Session in October–November 2019, classified Convention No. 96 as an outdated instrument, placing its abrogation or withdrawal on the agenda of the 119th Session of the International Labour Conference in 2030. The Governing Body also requested the Office to take measures to encourage the ratification of Convention No. 181, which entails, upon ratification, the immediate denunciation of Convention No. 96. The Committee notes the observations of TISK indicating that the Government has taken steps regarding Convention No. 181 and has implemented legal measures, in collaboration with the social partners, to facilitate the establishment of temporary employment relationships by private employment agencies. The Committee encourages the Government to follow up on the decision adopted by the Governing Body at it 337th Session (October-November 2019), which approved the recommendations of the Tripartite Working Group of the Standards Review Mechanism inviting member States to consider, in consultation with the social partners, the ratification of the Private Employment Agencies Convention, 1997 (No. 181) as it represents the ILO’s up-to-date instrument on this subject. The Committee also reminds the Government of the possibility to avail itself of the ILO’s technical assistance in this regard.