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

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

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) and the Confederation of Turkish Trade Unions (TURK-IS) communicated with the Government’s report.

Article 7(2) of the Convention. Other methods of supervision. The Committee notes that TURK-IS in its communication states that there are high risks with regard to the health and occupational safety of workers employed in industries and sectors that fall within the definition of “industrial undertaking” under Article 1(2) of the Convention. The TURK-IS indicates that there is no information as to whether children and young persons working in unknown numbers of mines and quarries are subject to medical examination in an organized way as required by the Convention. The TURK-IS suggests that establishment of a central, permanent supervisory mechanism overseeing the periodic medical examination responsibilities of workplaces would be beneficial to workers. In this regard, a system which would ensure the cooperation of workplace physicians with the Ministry of Labour and Social Security and the Ministry of Health could be established in workplaces such as mines and quarries. The Committee requests the Government to reply to the observations of TURK-IS and to indicate the measures taken or envisaged to establish an alternative supervisory mechanism in mines and quarries pursuant to Article 7(2) of the Convention.

Application of the Convention in practice. The Committee notes the information provided by the Government in its report concerning the inspections carried out by the Directorate of Guidance and Inspection of the Ministry of Labour and Social Security on the implementation of the Occupational Health and Safety Law No.6331. Accordingly, the inspections covered: (i) a total of 5 children, 266 young workers, and 7,526 apprentices/interns in 2018; (ii) 3 children, 289 young workers, and 8,672 apprentices/interns in 2019; (iii) 4 children, 264 young workers, and 426 apprentices/interns in 2020; (iv) 7 children, 8,465 young workers, and 8,642 apprentices/interns in 2021; and (v) a total of 365 children, 436 young workers, and 10,349 apprentices/interns in 2022. The Government indicates that from 2018 to 2022, a total of 3,767,609 Turkish liras was imposed on employers for violating the provisions on health surveillance under section 15 of Law No. 6331 with regard to 18 children and young persons. The Committee requests the Government to continue to provide information on the practical application of the Convention, in particular on the number of violations detected and the penalties imposed in relation to the medical examination of children and young persons employed in industrial undertakings.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the observation made by the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ) that the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. It had also noted the observation made by the Confederation of Turkish Employers’ Associations (TISK), which expressed discontentment because of the insufficiency of occupational health services. In this regard, the Government had indicated that, once the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health (GDOH) is adopted and the General Directorate established, the inspection and occupational health services would improve. The Committee notes the Government’s information that Law No. 4947 of 24 June 2003 regulates the tasks to be performed by the GDOH, whose responsibilities include taking measures to protect all employees in matters of occupational safety and health. The Committee notes, among other activities undertaken by the GDOH, the creation, on 25 February 2005, of the National Council for Occupational Health and Safety, which constitutes a forum for discussion where all the concerned parties are represented, including social partners, universities, professional organizations, trade unions of officials and non-governmental organizations.

Furthermore, the Committee notes that a multitude of new regulations were adopted pertaining to occupational health and safety in many sectors. More specifically, it notes with interest that sections 91 and 92 of Labour Act No. 4857 entrust the task of monitoring the implementation of labour legislation 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, records, etc. By virtue of subsection (2) of section 92, it is the duty of the employer, his/her representatives, the employees and any other person concerned to give to the officials any information requested or hand over any relevant documents and records. The Committee also notes the Government’s information that, by virtue of Labour Act No. 4857, employers are liable to a fine of 167 new Turkish liras for each employee if they fail to produce the medical certificate for employees in accordance with section 86 (arduous or dangerous work), and to the same amount if they do not procure medical certificates for children in accordance with section 87 (young persons between 14 and 18 years, including those in their eighteenth year).

Finally, the Committee notes that, according to the statistics provided by the Government, 26,617 inspections were conducted in 2006, in which 1,158,372 employees were reached. Throughout these inspections, particular attention was given to young persons between 14 and 18 years in enterprises by verifying their medical certificates, in accordance with section 87 of Labour Act No. 4857, as well as verifying the repetition of their medical examinations every six months. The Committee requests the Government to provide more detailed information on the results collected through these inspections and, more specifically, on the number of violations reported of national legislation on the medical examination of young workers. It also requests the Government to continue providing information on the practical application of the Convention.

Part VI of the report form. The Committee notes that the Government has communicated copies of its report to various organizations of employers and workers, in conformity with the Convention. However, it observes that observations made in response to the Government’s report by the TISK were not attached to the report, despite the Government’s indication to the contrary. Consequently, the Committee requests the Government to communicate, as soon as possible, the observations made by the TISK to the Office.

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

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. Medical examination for the employment of young persons under 18 years. The Committee notes with interest that section 87 of Labour Act No. 4857 of 22 May 2003 provides that, before being admitted to any employment whatsoever, young employees between 14 and 18 (including those in their eighteenth year) shall be examined by a medical practitioner and shall be certified as being physically fit for the job to be performed, taking into consideration the nature and conditions of the work.

Article 3, paragraphs 2 and 3. Repetition of the medical examination. The Committee notes with interest that subsection (2) of section 87 of Labour Act No. 4857 provides that, until they have reached the age of 18, employees shall be subject to medical examinations at least every six months. Furthermore, section 13 of the Regulations on the fundamentals and principles of the employment of children and young workers of 6 April 2004, which were adopted pursuant to the abovementioned Labour Act, provides that in cases when it is necessary to make changes in working conditions and if, upon evaluation, it is established that there is a risk from the point of view of the child or young worker’s physical or mental development or safety, the necessary medical checks must be carried out as soon as possible.

Article 4, paragraph 1. Medical examinations in occupations which involve high health risks, and re-examinations. The Committee notes with interest that, by virtue of section 86 of Labour Act No. 4857, an employee shall not be engaged for any arduous or dangerous work without a certificate based on the results of a medical examination to prove that he is physically fit for the job in question and robust. Moreover, the employees engaged in such work must be subjected to a medical examination at least once a year.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the observation made by the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ) that the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. It had also noted the observation made by the Confederation of Turkish Employers’ Associations (TISK), which expressed discontentment because of the insufficiency of occupational health services. In this regard, the Government had indicated that, once the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health (GDOH) is adopted and the General Directorate established, the inspection and occupational health services would improve. The Committee notes the Government’s information that Law No. 4947 of 24 June 2003 regulates the tasks to be performed by the GDOH, whose responsibilities include taking measures to protect all employees in matters of occupational safety and health. The Committee notes, among other activities undertaken by the GDOH, the creation, on 25 February 2005, of the National Council for Occupational Health and Safety, which constitutes a forum for discussion where all the concerned parties are represented, including social partners, universities, professional organizations, trade unions of officials and non-governmental organizations.

Furthermore, the Committee notes that a multitude of new regulations were adopted pertaining to occupational health and safety in many sectors. More specifically, it notes with interest that sections 91 and 92 of Labour Act No. 4857 entrust the task of monitoring the implementation of labour legislation 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, records, etc. By virtue of subsection (2) of section 92, it is the duty of the employer, his/her representatives, the employees and any other person concerned to give to the officials any information requested or hand over any relevant documents and records. The Committee also notes the Government’s information that, by virtue of Labour Act No. 4857, employers are liable to a fine of 167 new Turkish liras for each employee if they fail to produce the medical certificate for employees in accordance with section 86 (arduous or dangerous work), and to the same amount if they do not procure medical certificates for children in accordance with section 87 (young persons between 14 and 18 years, including those in their eighteenth year).

Finally, the Committee notes that, according to the statistics provided by the Government, 26,617 inspections were conducted in 2006, in which 1,158,372 employees were reached. Throughout these inspections, particular attention was given to young persons between 14 and 18 years in enterprises by verifying their medical certificates, in accordance with section 87 of Labour Act No. 4857, as well as verifying the repetition of their medical examinations every six months. The Committee requests the Government to provide more detailed information on the results collected through these inspections and, more specifically, on the number of violations reported of national legislation on the medical examination of young workers. It also requests the Government to continue providing information on the practical application of the Convention.

Part VI of the report form. The Committee notes that the Government has communicated copies of its report to various organizations of employers and workers, in conformity with the Convention. However, it observes that observations made in response to the Government’s report by the TISK were not attached to the report, despite the Government’s indication to the contrary. Consequently, the Committee requests the Government to communicate, as soon as possible, the observations made by the TISK to the Office.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report, in particular the statistical information on the number of inspections made with regard to occupational safety and health issues in relation to the number of young workers during the past five years. The Government explains that medical examination reports certifying fitness for employment of young persons were required by the labour inspectors and that in the event of absence of valid medical certificates, levies were imposed on the employer. The amount of these levies has been increased by 52.1 per cent since the beginning of this year.

In this context, the Committee notes that in the opinion of the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ), communicated by the Government in its report as well as by a separate letter, the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. For its part, the Confederation of Turkish Employers’ Associations (TISK) expressed, in the comments supplied also with the Government’s report, discontentment because of the insufficiency of occupational health services. The Committee states that both TÜRK-IŞ and TISK already made similar observations in their 1994 comments provided with the Government’s report. In this respect, the Government however indicates that the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health is presently at the Office of the President for ratification. The Government expects that, once the abovementioned Directorate is established, the insufficiency of inspections as well as the efficiency of occupational health services will improve. Taking due note of the information, the Committee hopes that the draft Decree concerning the establishment of the General Directorate of Occupational Health will be adopted in the near future and requests the Government to transmit a copy as soon as it has been adopted. The Committee requests the Government to continue to provide information on the practical application of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous comment, the Committee had requested the Government to provide information on the application in practice of the Convention including reports of the inspection services and information concerning the number and nature of the contraventions reported, if such statistics are available. The Committee notes, from the Government's latest report, that statistical information requested is not available.

The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied including extracts from official reports and information on any practical difficulties in the application of the Convention.

The Committee notes that in the opinion of the Confederation of Turkish Workers Trade Unions (TURK-IS), communicated by the Government in its report, the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. For its part, the Confederation of Turkish Employers Associations (TISK) stated, in the comments supplied also with the Government's report, that the affiliated undertakings had experienced difficulties because of the insufficiency or inefficiency of occupational health services and of industrial physicians available. The Government is requested to provide the comments concerning these statements which it considers pertinent.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note with interest of the information supplied by the Government in its report and of the provisions of sections 9(b) and 10(c) of the Apprenticeship Training Regulation of 16 December 1986 prepared in conformity with Act No. 3308 of 5 June 1968. The mentioned provisions cover apprentices under 19 years of age whose state of health and physical condition shall be certifying as fit for performing the work required by a given occupation by a physician (the medical certificate specimen was attached to the Government's report).

The Committee requests the Government to provide information on the application in practice of the Convention including reports of the inspection services and if such statistics are available, information concerning the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report and of the information concerning the scope of section 2 of the Small Tradesmen and Artisans Act, No. 507, in relation to Article 1 of the Convention.

With regard to the exclusion of apprentices under the age of 18 years from the scope of the Labour Act, the Committee takes note of the Government's explanations and the provisions mentioned in its report regarding the health of apprentices. However, it is not clear from these provisions that full effect is given to the Convention. The Committee would be grateful if the Government would provide additional information on the measures issued under section 10 of Act No. 3308 of 5 June 1968, and recalls that apprentices are covered by the provisions of the Convention and, accordingly, are subject to a full medical examination in accordance with the procedures and conditions laid down by these provisions.