Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Türkiye

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1967)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1967)

Previous comment on Convention No. 111

Previous comment Convention No. 100

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation) together.

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), the Turkish Confederation of Employers’ Associations (TISK), the Confederation of Public Servants Trade Unions (MEMUR-SEN), and the Confederation of Public Employees’ Trade Unions (KESK), transmitted with the Government’s report. The Committee also notes the observations of the KESK received on 31 August 2024 and the Government’s reply.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 and 4. Discrimination based on political opinion. Activities prejudicial to the security of the State. The Committee notes that the Government refers again to the existing legal provisions and provides information about the procedural requirements to issue and enforce arrest decisions, as well as to submit complaints before the Human Rights and Equality Institution of Türkiye (TIHEK) in case of a violation of rights. It also provides data (for the period between June 2021 and May 2024) on the number of cases investigated by the public prosecutor and examined by courts on the application of the Criminal Code and the Anti-Terrorism laws, disaggregated by the defendant’s occupation (i.e. journalists, authors, and columnists). The Committee notes that the KESK points in its observations to the detention of trade unionists and the prevention of peaceful assemblies, including a protest against the Law on Teaching Profession, which its affiliates consider will deepen discrimination among teachers. It also stresses that the criterion of “activities prejudicial to the security of the State” continues to be used as a basis for political discrimination in public employment terminations. The Committee also notes that the United Nations (UN) Human Rights Committee expressed concern at the climate of intimidation and persecution in the country and at reports of prosecution, harassment, intimidation and reprisals against persons perceived as critical of the Government, including human rights defenders, journalists, lawyers and academics (CCPR/C/TUR/CO/2, 28 November 2024, para. 53). The Committee recalls in this regard the 2012 General Survey on the fundamental Conventions, para. 833. The Committee urges the Government to take measures to ensure that the application of the Anti-Terrorism Act and the Penal Code, in cases involving workers, is done in accordance with the Convention and, in particular, that it concerns behaviours that can be considered, on an objective basis, “prejudicial to the security of the State”. In this regard, the Committee also urges the Government to provide detailed information, beyond the charges brought, on the specific actions or conducts for which journalists, writers and publishers are prosecuted under these laws.

Articles 1(1)(a), 2 and 3(d). Discrimination based on political opinion. Public Sector. Archive research, security investigations and oral exams. The Government informs that the Security Investigation and Archive Research Law No. 7315 was enacted in 2021, and that Regulations to Law No. 7315 are under preparation. The Committee notes that, in its observations, KESK stresses that Law No. 7315: (1) mandates archive searches for all persons entering the public sector, therefore ignoring the findings of the Decision No. 30963 (2019) of the Constitutional Court; (2) by requiring security investigations, equates the treatment of public teachers with that of personnel recruited for secret units, armed forces and intelligence units; and (3) archive searches encompass information about candidates’ relatives and on investigations or prosecutions that have yet not been resolved, going beyond the content foreseen by law. The Committee notes the Government’s indication that: (1) Law No. 7315 mandates archive researches and security investigations for those in specific institutions linked to security, defence and law enforcement, as well as for teachers in public institutions and organizations, senior public administrators, and those in services of strategic importance to national security; (2) security investigations include information on any affiliation or contact with terrorist organizations or criminal groups; (3) Evaluation Commissions examine information objectively and issue reasoned assessments; and (4) anyone who considers to be subject to discrimination can present a claim before the TIHEK or access judicial recourse.

The Committee further notes that KESK highlights that, despite the President’s 2023 announcement to abolish interviews in public service recruitment, interviews with questions related to political opinion persist and that they are also used in exams for promotion and title change. It highlights that members of its affiliated unions are often awarded with low interview scores, while those affiliated to confederations close to the Government receive high scores. KESK indicates that most victims do not complain for fear of being barred from future opportunities and that it is necessary to ensure examiners’ impartiality. The Government specifies that civil service exams are required by law and aim to prevent favouritism in recruitment and to ensure objective placement. As regards the recruitment of teachers through the Public Personnel Selection Examination (KPSS), oral examinations are done by officials from all political backgrounds, with pre-prepared questions that concern matters such as educational sciences, general culture, or the ability to comprehend and summarize a topic. The Government informs that the Twelfth Development Plan 2024–2028 foresees a review of the examination system to limit oral exams to cases where required by the nature of the job and to introduce regulations to safeguard the impartiality of examination boards. The Committee asks the Government to take measures to ensure that: (i) archive research, security investigations and oral exams are undertaken in conditions of objectivity and impartiality (for example, mechanisms that exist to monitor, prevent and address possible bias and discrimination in recruitment and promotion); and (ii) that political opinion is only considered where it is necessary in light of the inherent requirements of the job in line with Article 1(2) of the Convention. The Committee hopes that the Government will take the opportunity to do so when reviewing the examination system and when advancing in the adoption of the Regulations to Law No. 7315.

Duties of loyalty, impartiality and neutrality. Recalling the requirements of the Civil Servants Law No. 657, the Government underscores that the duties of loyalty and impartiality align with the principle of non-discrimination and are necessary to avoid actions that could undermine civil servants’ role as neutral public officials. It further adds that the Regulation on Public Officials’ Ethical Behaviour Principles and Application Rules, which complements Law No. 657, establishes an ethical framework for public officials and requires them to refrain from actions that result in a conflict of interest, provide an advantage to any political group or misuse their official position for personal or political gain. The Committee notes KESK’s concerns that members of its affiliated unions were dismissed because they were not considered loyal to the State. In this regard, the Committee recalls the 2012 General Survey on the fundamental Conventions, para. 831. The Committee asks the Government to take measures without delay to limit the restrictions regarding political activities to determined positions, including by adopting a limited list of jobs in the civil service for which political opinion is considered an inherent requirement.

Massive dismissals. Civil servants, teachers and members of the judiciary. The Government reports that the State of Emergency Procedures Inquiry Commission completed its mandate, reinstating 5,972 public servants, and that applicants whose claims were rejected retain the right to appeal before the competent impartial courts. It further indicates that from 2021 to 2024, courts issued 47,253 decisions, 36,472 of which were rejections. The Committee notes from KESK’s observations that: (1) after waiting several years, 84 per cent of the total 127,292 applications before the Commission were rejected; (2) while waiting for the Commission’s decision, workers were prevented from working in the private sector and their ongoing processes were taken into account if their children applied for the public service; and (3) public servants who were reinstated are still subject to security investigations and archive researches. In this regard, the Government specifies that those who have been deemed suitable for reinstatement undergo security investigations due to the period in which they were not on active duty and that the Secretary-General of the Council of Europe, having visited the Commission in 2018, noted that it had clear and straightforward processes and delivered individualized and reasoned decisions. The Committee notes nonetheless that, in 2024, the UN Human Rights Committee expressed concern over reports on the lack of independence of the Commission and the judiciary, lengthy procedures, the absence of sufficiently individualized criteria and of proper means of defence, as well as lack of access to an independent, impartial and effective remedy (CCPR/C/TUR/CO/2, paras 9, 39 and 45). The Committee urges the Government to take measures to ensure that all individuals who had their appeals rejected have their cases reviewed by an independent and impartial judicial body and provide reparation and compensation in cases where the dismissal is found arbitrary.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of sex. Sexual harassment. The Government reiterates the relevant legislative provisions in the Penal Code, Law No. 6701 and the Labour Law, and reports that: (1) one case of sexual harassment was identified by TIHEK following a proactive investigation; (2) between 2021 and 2024, the Criminal prosecutor’s Office investigated approximately 84.000 suspected cases of sexual harassment, of which 35.000 were filed before court and 14.000 led to convictions by criminal courts; and (3) a Legal Support and Victim Services Department was established within the Ministry of Justice. The Committee recalls the need for sexual harassment in employment and occupation to be clearly defined and prohibited in both its forms (quid pro quo – such as blackmailing – and hostile work environment sexual harassment), as well as the need to ensure that the remedies available in case of sexual harassment are not limited to termination of the employment relationship. The Committee also highlights that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law generally does not include the full range of behaviours that constitute sexual harassment in employment and occupation. The Committee notes that TISK highlights that the Group Collective Labour Agreement 2023–2025 includes a new clause on violence and harassment, which provides that the protection of all employees against violence and harassment is a fundamental personal right and that all parties will work towards the promotion of a safe, healthy and decent working environment free from violence and harassment. The Committee therefore asks the Government to, without delay, include in the legislation clear and precise provisions that: (i) define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation; and (ii) establish appropriate sanctions and safe mechanisms for redress and remedies. The Committee also asks the Government to inform on the measures taken to raise awareness about sexual harassment, including in the framework of the implementation of the Group Collective Labour Agreement 2023-2025, and to indicate whether similar clauses will be included in the agreement that supersedes it.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Application of the principle of equal remuneration. Remuneration system. Family allowances in the civil service. In response to the Committee’s previous request to modify section 203 of the Civil Servants Act, 1965 to ensure that men and women are entitled to family allowances on an equal footing, the Government informs that the rule according to which the allowance is paid to the father if both parents are civil servants aims to simplify bureaucratic processes and to prevent possible oversights in its payment. While taking note of the need to simplify bureaucratic procedures, the Committee notes with regret the lack of progress regarding its requests and recalls that the referenced provision is contrary to the Convention and that alternative measures could be envisaged (such as allowing spouses to indicate who shall receive this allowance). The Committee asks the Government to take the necessary measures without delay so that section 203 of the Civil Servants Act, 1965, is amended to ensure that men and women civil servants are entitled to family allowances on an equal footing.

The Committee is raising other matters in a request addressed directly to the Government.