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

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

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 According to the Government, the licences of 55 private employment agencies have so far been revoked, leading to their activities being terminated.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.

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

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).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes the detailed information contained in the Government’s report received in November 2008, in reply to its 2007 observation. The Government reports that, in April 2008, 230 private employment agencies were operating in the country on the basis of a licence granted by the Turkish Employment Agency (İŞKUR). Between the second half of 2004 and 2007, private employment agencies ensured the placement of 122,070 jobseekers. The results of the inspections carried out show that the activities of most of the private employment agencies were in accordance with the requirements set out in the 2003 Labour Act No. 4857 and the 2003 Turkish Employment Agency Law No. 4904. In reply to previous comments, the Government also refers to the outcomes of the “Operating and Auditing of Private Employment Offices Project” launched in 2005 by the Labour Inspection Board, with the cooperation of the European Union’s Administrative Cooperation Fund with a view to harmonizing the Turkish system of private employment agencies with European Union standards. The Committee invites the Government to continue providing in its next report information on the measures adopted by İŞKUR 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. The Committee notes from the report provided on the Employment Policy Convention, 1964 (No. 122), that the Government intends to encourage the opening of private employment agencies and the diversification of their activities. It further notes that new legal and regulatory provisions governing private employment agencies including amendments to the Labour Act are under preparation. The Committee 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. 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 invites the Government to report on any consultations that may have been held with social partners concerning the ratification of Convention No. 181.

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

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report received in September 2004 and the attached comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Turkish Confederation of Progressive Trade Unions (DISK), the Turkish Confederation of Public Service Trade Unions (TÜRKIYE KAMU-SEN) and the Turkish Confederation of Employers’ Associations (TISK). It recalls its previous observation in which it noted that the Government had decided to end the state monopoly over the employment service and to authorize the activity of private employment agencies, and notes in this regard sections 90 and 106 of the new Labour Act No. 4857 of May 2003, Act No. 4904 of June 2003 relating to the Turkish Labour Agency (IŞKUR) and the regulation on private employment agencies of February 2004. The Committee refers to the comments made by TÜRK-IŞ, which indicates that the manner in which this new legislation is to be implemented is not clear and fears that it will favour the exploitation of workers, and requests the Government to provide additional information on the following points.

2. Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes that, according to the provisions of Act No. 4904, IŞKUR determines the number of private employment agencies according to the needs of the labour market, issues them, subject to certain conditions, with a licence to operate and gives its approval with regard to contracts concluded for the purpose of placing workers abroad. In this regard, the Government states that, in July 2004, in response to nine applications made, only four operating licences were issued by IŞKUR to private employment agencies. The Government indicates that the inspectors of IŞKUR are responsible for supervising the activities of these agencies, which can never be profit-making nor in principle charge fees to workers. The Committee notes, however, the Government’s statement to the effect that these agencies can charge fees to employers or to candidates for certain posts when the latter have been placed in the labour market, and the amount of such fees is laid down in a written contract between the parties which can be transmitted to IŞKUR. It also notes the comments made by TÜRK-IŞ and DISK indicating that many workers have already been deceived by false promises of employment and expressing the fear that the activities of these agencies, which are often geared to making a profit, favour the exploitation of workers in the existing climate of high unemployment and the lack of public controls in the country. DISK, for its part, expresses the hope in this regard that, in the current situation of widespread non-registered employment in the country, public inspection will be undertaken in accordance with Articles 10 and 11 of the Convention. The Committee draws the Government’s attention to the fact that Convention No. 96, with a view to providing protection for workers, covers the activities of fee-charging employment agencies by submitting them in particular to effective supervision by the competent authority and allowing them to charge only fees and expenses on a scale submitted to and approved by the competent authority or fixed by the said authority. It therefore again requests the Government to indicate the measures taken to ensure effective application of Articles 10 and 11 of the Convention in the context of the activities of private employment agencies. The Committee would also be grateful if the Government would provide up-to-date statistical data on the activities of private employment agencies (Part V of the report form).

3. Revision of Convention No. 96. The Government states that private employment agencies are necessary for increasing and improving the efficiency of employment services and that the national legislation has been revised to authorize the activities of these agencies, which are already well established in a number of countries, and thus avail themselves, as also emphasized by TISK, of the possibility provided for in Convention No. 181. Accordingly, the Committee recalls that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). In this regard, it refers to its observation of 1999 on the application of Convention No. 96 and invites the Government to keep it informed of developments which, in consultation with the social partners, might occur in relation to the ratification of Convention No. 181. With the provisions of Convention No. 96 remaining in force as long as Convention No. 181 has not been ratified, the Committee will continue to examine the application in law and practice of Convention No. 96.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Part III of the Convention. The Committee took note of the Government's report, and of the comments of the Turkish Confederation of Employers' Organizations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) attached thereto. It notes that while the TISK considers the Convention to be fully respected, the TURK-IS alleges that private, fee-charging employment agencies have developed rapidly in recent years, without any measures being taken to halt their illegal activities. In this connection, the Committee notes the information supplied by the Government regarding the legal action taken by the State Employment Agency against violation of the relevant provisions of Act No. 1475 on employment. It would be grateful if the Government would continue to supply such information in its future reports (Part V of the report form).

The Committee further notes that the Government has decided to end the public monopoly on placement and to authorize the activities of private employment agencies. In the view of the TISK, which refers in this regard to the revision of the Convention by the Private Employment Agencies Convention, 1997 (No. 181), the legislation should be amended accordingly. The Government mentions a preliminary draft Bill which would enable the State Employment Agency to issue authorizations to private employment agencies.

The Committee takes note of the Government's assurance that the draft is in conformity with the provisions of the Convention. It invites the Government to give details in its next report of how the new legislation would give effect, in particular to Articles 10 and 11 of the Convention, and to transmit copies of the new texts to the ILO on their adoption. With reference to its observation on the application of Convention No. 88, the Committee also asks the Government to describe the measures taken to ensure effective cooperation between the State Employment Agency and private employment agencies.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Part III of the Convention. The Committee takes note of the Government's report for the period 1987-91, as well as of the comments made by the Turkish Confederation of Employers' Associations. It notes the Government's statement to the effect that "Turkey assumes its responsibility for Part II of the Convention". In this connection, the Committee would like to recall that, in accordance with Article 2, paragraph 2, "any Member accepting the provisions of Part III of the Convention may subsequently notify the Director-General that it accepts the provisions of Part II; as from the date of the registration of such notification by the Director-General, the provisions of Part III of the Convention shall cease to be applicable to the Member in question and the provisions of Part II shall apply to it".

It also notes that the Turkish Confederation of Employers' Associations considers that, in view of developments on the international level in this field, it would be useful to open fee-charging employment agencies in Turkey too, especially for highly competent personnel. The Government did not comment on this opinion expressed by the employers. Noting that the ILO has not yet received the formal notification to be made in conformity with Article 2 of the Convention, and already requested by a letter of the Office dated 14 December 1991, the Committee trusts that the Government will be in a position to clarify the situation as soon as possible.