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Comments adopted by the CEACR: Türkiye

Adopted by the CEACR in 2021

C055 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166. In order to provide a comprehensive view of the issues relating to the application of these Conventions on the maritime sector, the Committee considers it appropriate to examine them together.
The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 55, 68, 69, 92, 133, 134, 146, 164, and 166 as well as requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 55, 68, 69, 92, 133, 134, 146, 164, and 166 and the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that the Turkish Grand National Assembly approved the ratification of the MLC, 2006 on 2 March 2017 by Law No. 6898 (Official Gazette No. 30018 of 25 March 2017). The Committee notes that the Government further indicates that the ratification process of the MLC, 2006 has not yet been completed, and amendments to the relevant national legislation are underway with a view to bringing it into conformity with the provisions of the Convention. The Committee accordingly requests the Government to provide information on any progress made towards the ratification of the MLC, 2006. The Committee further encourages the Government to consider ratifying Convention No. 185 and reminds it of the possibility to avail itself of the technical assistance of the Office.
Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

The Committee notes the observations of the Association of Turkish Shipowners (TAİS) communicated with the Government’s report indicating that, in Turkey, there are no particular problems of harmonisation between the measures implementing the MLC, 2006 and Convention No. 108.
Articles 5 and 6 of the Convention. Readmission to a territory and permission to enter a territory. In its previous comments, the Committee recalled that Articles 5 and 6 shall be implemented through laws, regulations, or other measures, and requested the Government to indicate the measures taken to give full effect to these Articles. The Committee notes the Government’s reference to the Turkish Passport Law No. 5682, which provides that all travellers require a valid passport or travel document whenever they leave or enter Turkey (section 2), a seaman’s book being considered a valid travel document (section 12). The Government further refers to section 20(5), which states that the entry and exit of foreign seafarers with regular and appropriate seafarers’ identity documents issued by competent authorities are permitted on the basis of the reciprocity principle. The Committee notes the Government’s reference to section 12(2) of the Law on Foreigners and International Protection, which provides that a visa for entering in Turkey may not be required from those (a) intending to disembark at a port city from a carrier which has been obliged to use Turkish air and seaports due to force majeure and (b) arriving at sea ports and intending to visit the seaport city or nearby provinces for touristic purpose, provided that their stay does not exceed 72 hours. Furthermore, the Committee notes the copy of the “Port City Permit Certificate for Seamen”, which, according to the Government, is issued ex officio for foreign seafarers, at no cost, by the personnel working at the border gates. The Government indicates that such certificate shall be issued upon the written request of the shipmaster with the assurance of the agency serving the ship that the seafarer is not included in the list of banned migration and/or undesirable persons, and shall be valid for multiple 30-day entries, renewable for up to 90 days. The Committee takes note of this information.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Public Employees Trade Unions (KESK), received on 1 September 2021 and the Government’s reply thereon. The Committee further notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), communicated with the Government’s report. The Committee finally notes the observations of the Turkish Confederation of Employer Associations (TİSK), received on 7 September 2021, referring to the issues raised by the Committee below.
Scope of the Convention. In its previous comments, the Committee had noted that while the prison staff, like all other public servants were covered by the collective agreements concluded in the public service, this category of workers did not enjoy the right to organize (section 15 of the Act on Public Servants’ Trade Unions and Collective Agreement (Act No. 4688)). Recalling that all public servants not engaged in the administration of the State or those who are not members of the armed forces or the police, defined in a restrictive manner, must enjoy the rights afforded by the Convention, the Committee requested the Government to take the necessary measures, including legislative review of section 15 of Act No. 4688, with a view to guaranteeing that the prison staff could be effectively represented by the organizations of their own choosing in negotiations which affect them. The Committee notes the Government’s indication section 15 of the Act was drafted taking into account the provisions of Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Labour Relations (Public Service) Convention, 1978 (No. 151). While reminding its comments under Convention No. 87 concerning the right of prison staff to organize, the Committee recalls once again that under the terms of Convention No. 98, the right of collective bargaining can be denied only to members of the armed forces, the police and to public servants directly engaged in the administration of the State; the simple fact of being employed by the Government does not automatically exclude such workers from the rights enshrined in the Convention. The Committee therefore once again requests the Government to take the necessary measures, including legislative review of section 15 of Act No. 4688, with a view to guaranteeing that the prison staff can be effectively represented by the organizations of their own choosing in negotiations which affect their rights and interests. The Committee requests the Government to indicate all progress made in this regard.
The Committee had previously requested the Government to provide its comments with regard to the observation made by the Confederation of Public Servants Trade Unions (MEMUR-SEN) on the need to ensure freedom of association and collective bargaining rights to locum workers (teachers, nurses, midwives, etc.) as well as public servants who work without a written contract of employment. The Committee notes the Government’s indication that Act No. 4688 applies to public servants, whereas locum workers do not fall with the scope of that law as they are not considered to be public servants. Recalling that locum workers as well as those employed in the public service without a written contract of employment should enjoy the rights enshrined in the Convention, the Committee requests the Government to provide detailed information on freedom of association and collective bargaining rights afforded to these categories of workers.
Articles 1, 2 and 3 of the Convention. Massive dismissals in the public sector under the state of emergency decrees. The Committee recalls that in its previous comments, it had noted the information on the high number of suspensions and dismissals of trade union members and officials under the state of emergency and reiterated its firm hope that the Inquiry Commission and the administrative courts that review its decisions would carefully examine the grounds for the dismissal of trade union members and officials in the public sector and order reinstatement of the trade unionists dismissed for anti-union grounds. The Committee requested the Government to provide specific information on the number of applications received from trade union members and officials, the outcome of their examination by the Inquiry Commission and on the number and outcome of appeals against the negative decisions of the Commission concerning trade union members and officials. The Committee notes that according to the information provided by the Government, as of 28 May 2021, there were 126,674 applications submitted to the Inquiry Commission. Since 22 December 2017, the Commission delivered its decisions in respect of 115,130 applications, out of which, 14,072 were accepted for reinstatement and 101,058 were rejected while 11,544 applications are still pending. While taking note of the general statistics provided by the Government, the Committee  regrets  once again the absence of specific information on the number of trade union members and officials involved. The Committee notes with  concern  the high number of rejection cases (currently almost 88 per cent) and further  regrets  the absence of information regarding the number and outcome of appeals against the negative decisions of the Inquiry Commission concerning trade union members and officials. Reiterating that in line with Article 1 of the Convention, the Inquiry Commission and the administrative courts that review its decisions shall carefully examine the grounds for the dismissal of trade union members and officials in the public sector and order reinstatement of the trade unionists dismissed for anti-union grounds, the Committee once again urges the Government to provide detailed and specific information regarding the number and outcome of appeals against the negative decisions of the Inquiry Commission concerning trade union members and officials. Further in this respect, the Committee recalls that it had expressed its concern at the allegation of Education International (EI) that close to 75 per cent of the members of the Education and Science Workers Union of Turkey (EĞİTİM SEN) dismissed from the public service were still without employment. The Committee regrets that no information has been provided by the Government on this serious allegation and once again requests the Government to provide its comments thereon.
Article 1. Anti-union discrimination in practice. The Committee recalls that in its previous comments it had noted numerous allegations of anti-union discrimination in practice despite the existence of a legislative framework aimed at protecting against anti-union discrimination. The Committee requested the Government to continue engaging with the social partners regarding complaints of anti-union discrimination practices in both the private and public sectors. The Committee regrets that no new information has been provided by the Government in this respect and that, rather, the Government once again refers to the existing legislative framework, which, in its opinion, adequately protects against anti-union discrimination. The Committee notes that in its observations, the KESK alleges new cases of transfers and relocations of its members. The Committee notes the Government’s indication that all transfers referred to by the KESK were necessitated by the requirements of the service and that any anti-union discrimination would be in breach of the national legislation. The Government points out that judicial remedies are available to all those concerned. Emphasizing that the guarantees enunciated in the Convention would remain a dead letter if the national legislation is not complied with in practice, the Committee therefore reiterates its previous request and asks the Government to provide information on the concrete steps taken to engage with the social partners on the issue of anti-union discrimination in practice.
In addition, the Committee recalls that following up on the recommendations of the June 2013 Committee on the Application of Standards of the International Labour Conference, which requested the Government to establish a system for collecting data on anti-union discrimination in both private and public sectors, it has been requesting the Government to provide information on the measures taken to that end. The Committee notes that the Government reiterates that it is currently not possible to obtain reliable data on the cases of anti-union discrimination and points out the difficulties with carrying out data collection, which include the length of judicial processes and the need to make considerable arrangements in the records and databases of various institutions. While being fully cognisant of the difficulties referred to above, the Committee once again underlines the importance of statistical information for the Government to fulfil its obligation to prevent, monitor and sanction acts of anti-union discrimination.  The Committee stresses the need to take concrete steps towards establishing the system for collecting such information and expects the Government to provide in its next report information on all measures taken to that end.
Article 4. Promotion of collective bargaining. Cross-sector bargaining. In its previous comments, the Committee had noted that while cross-sector bargaining resulting in “public collective labour agreement framework protocols” was possible in the public sector, this was not the case in the private sector. It noted in this respect that pursuant to section 34 of Act No. 6356, collective work agreement may cover one or more than one workplace in the same branch of activity, thereby making cross-sector bargaining in the private sector impossible. The Committee had requested the Government to consider, in consultation with the social partners, the amendment of section 34 of Act No. 6356 to ensure that it did not restrict the possibility of the parties in the private sector to engage in cross-sector regional or national agreements should they so desire. The Committee notes that the Government reiterates that Act No. 6356 was drafted taking into account the views of the social partners and that it does not restrict collective bargaining to the level of workplace or one employer. The Government indicates in this respect that any change to the current arrangements can only result from the joint will of and demands from the social partners. The Committee notes the TİSK indication that collective agreements can cover a large number of work places at local, regional and national levels at the same branches and that in the TİSK opinion, the current regulation is appropriate and strengthens the industrial peace.
While taking note of these explanations, the Committee once again recalls that in accordance with Article 4 of the Convention, collective bargaining should remain possible at all levels and that the legislation should not impose restrictions in this regard. The Committee recognizes that while the search for a consensus with regard to collective bargaining is important, it cannot constitute an obstacle to the Government's obligation to bring the law and practice into conformity with the Convention. The Committee therefore once again requests the Government to consider, in consultation with the social partners, the amendment of section 34 of Act No. 6356 to ensure that the parties in the private sector wishing to engage in cross-sector regional or national agreements can do so without impairment. It requests the Government to provide information on the steps taken in this regard.
Requirements for becoming a bargaining agent. The Committee recalls that in its previous comments, it had noted that section 41(1) of Act No. 6356 set out the following requirement for becoming a collective bargaining agent: the union should represent at least 1 per cent of the workers engaged in a given branch of activities and more than 50 per cent of workers employed in the workplace and 40 per cent of workers of the enterprise to be covered by the collective agreement. Furthermore, the Committee recalls that legal exemptions from the branch threshold requirement were granted until 12 June 2020 to the previously authorized trade unions to prevent the loss of their authorization for collective bargaining purposes. Noting that the provisional exemption has expired on 12 June 2020, the Committee had requested the Government to indicate if further extension had been decided and if not, to provide information on the impact of the non-extension on the capacity of previously authorized organizations to bargain collectively and to indicate the status of the collective agreements concluded by them. It also requested the Government to continue monitoring the impact of the perpetuation of the branch 1 per cent threshold requirement on the trade union movement and the national collective bargaining machinery as a whole in full consultation with the social partners and to provide information in this regard.
The Committee notes the Government’s indication that among the unions benefiting from the exemption until mid-2020, only one union exceeded the threshold. The Government points out, however, that workers were not left without a union when the exemption was not extended as there is more than one union in every branch of activity with a membership that exceeds the thresholds and that it is possible for workers to become members of these trade unions in the branch they work in. The Committee notes the statistical information on the number of collective agreements to which unions which were under the exemption are parties. The Committee notes that the TİSK considers that granting unauthorized unions the right to collective bargaining will impair Turkish industrial relations system and will disrupt the competitiveness and existing industrial peace. Recalling the concerns that had been expressed by several workers’ organizations in relation to the perpetuation of the double threshold, the Government requests the Government to continue monitoring the impact of the branch 1 per cent threshold requirement on the trade union movement and the national collective bargaining machinery as a whole in full consultation with the social partners and to provide information in this regard.
With regard to the workplace and enterprise representativeness thresholds, the Committee had noted section 42(3) of Act No. 6356, which provided that if it was determined that there exists no trade union which meets the conditions for authorization to bargain collectively, such information was notified to the party which made the application for the determination of competence. It had further noted section 45(1), which stipulated that an agreement concluded without an authorization document was null and void. While noting the “one agreement for one workplace or business” principle adopted by the Turkish legislation, the Committee had recalled that under a system of designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, all unions in the unit, jointly or separately, should be able to engage in collective bargaining, at least on behalf of their own members. The Committee highlighted that by allowing for the joint bargaining of minority unions, the law could adopt an approach more favourable to the development of collective bargaining without compromising the “one agreement for one workplace or business” principle. The Committee had requested the Government to take the necessary measures to amend the legislation, in consultation with the social partners, so as to ensure that if no union represented the required percentage of workers to be declared the exclusive bargaining agent, all unions in the unit, jointly or separately, should be able to engage in collective bargaining, at least on behalf of their own members. The Committee notes that the Government reiterates that it would consider the proposal for the amendment to the legislation if put forward by the social partners and if such a proposal represented a broad agreement. Recalling once again that while the search for a consensus with regard to collective bargaining is important, it cannot constitute an obstacle to the Government's obligation to bring the law and practice into conformity with the Convention, the Committee once again requests the Government to amend the legislation and to provide information on all measures taken or envisaged in this regard.
Articles 4 and 6. Collective bargaining rights of public servants not engaged in the administration of the State. Material scope of collective bargaining. The Committee had previously noted that section 28 of Act No. 4688, as amended in 2012, restricted the scope of collective agreements to “social and financial rights” only, thereby excluding issues such as working time, promotion and career as well as disciplinary sanctions. The Committee notes that the Government’s indication that issues that concern public servants in general, but which are not covered by the collective agreements, are placed on the agenda of the Public Personnel Advisory Board. The Committee is therefore bound to once again recall that while the Convention is compatible with systems requiring competent authorities’ approval of certain labour conditions or financial clauses of collective agreements concerning the public sector, public servants who are not engaged in the administration of the State should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment and that measures taken unilaterally by the authorities to restrict the scope of negotiable issues are often incompatible with the Convention.  Bearing in mind the compatibility with the Convention of the special bargaining modalities in the public sector as mentioned above, the Committee again requests the Government to take the necessary measures to ensure the removal of restrictions on matters subject to collective bargaining so that the material scope of collective bargaining rights of public servants not engaged in the administration of the State is in full conformity with the Convention.
Collective bargaining in the public sector. Participation of most representative branch unions. In its previous comment, the Committee had noted that pursuant to section 29 of Act No. 4688, the Public Employers’ Delegation (PED) and Public Servants’ Unions Delegation (PSUD) are parties to the collective agreements concluded in the public service. In this respect, the proposals for the general section of the collective agreement were prepared by the confederation members of PSUD and the proposals for collective agreements in each service branch were made by the relevant branch trade union representative member of PSUD. The Committee had also noted the observation of the Turkish Confederation of Public Workers Associations (Türkiye KAMU-SEN) indicating that many of the proposals of authorized unions in the branch were accepted as proposals relating to the general section of the agreement meaning that they should be presented by a confederation pursuant to the provisions of section 29 and that this mechanism deprived the branch unions of the capacity to directly exercise their right to make proposals. Having noted that although the most representative unions in the branch were represented in PSUD and took part in bargaining within branch-specific technical committees, their role within PSUD was restricted in that they were not entitled to make proposals for collective agreements, in particular where their demands were qualified as general or related to more than one service branch, the Committee had requested the Government to ensure that these unions can make general proposals. While noting the Government’s detailed explanation regarding the PSUD membership, the Committee again requests the Government to ensure that Act No. 4688 and its application in practice enable the most representative unions in each branch to make proposals for collective agreements including on issues that may concern more than one service branch, as regards public servants not engaged in the administration of the State. The Committee requests the Government to indicate all developments in in this respect.
Public Employee Arbitration Board. In its previous comment, the Committee had noted that pursuant to sections 29, 33 and 34 of Act No. 4688, in case of failure of negotiations in the public sector, the chair of PED (the Minister of Labour) on behalf of public administration and the chair of PSUD on behalf of public employees, can apply to the Public Employee Arbitration Board. The Board decisions were final and had the same effect and force as the collective agreement. The Committee had noted that 7 of the 11 members of the Board including the chair were designated by the President of the Republic and considered that this selection process could create doubts as to the independence and impartiality of the Board. The Committee had therefore requested the Government to take the necessary measures for restructuring the membership of the Public Employee Arbitration Board or the method of appointment of its members so as to more clearly show its independence and impartiality and to win the confidence of the parties. The Committee notes that the Government limits itself to referring to section 34 of Act No. 4688, which determines the composition and working procedures of the Board. The Committee therefore once again requests the Government to consider reviewing, in consultation with the social partners, the method of appointment of the Board members so as to more clearly show its independence and impartiality and to win the confidence of the parties.
The Committee recalls that the Government can avail itself of the technical assistance of the ILO with regard to the issues raised above.

C115 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.
The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Convention No. 155 received on 1 September 2021 and the response of the Government received on 19 November 2021.
Article 4(2)(c) of Convention No. 187, Article 9 of Convention No. 155, Article 15 of Convention No. 115, Article 15 of Convention No. 119, Article 35 of Convention No. 167, and Article 16 of Convention No. 176. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee notes that in reply to its previous comment regarding the reasons for the decrease in the number of OSH inspections in 2019, the Government indicates that, during that year, in addition to the regular inspection duties, the Directorate for Guidance and Inspection was engaged in the preparation of a study for the development of 32 sectoral labour inspection guides on OSH covering mining and construction as well as metal and chemical industries. The Government adds that in 2020, the tasks of the labour inspectors were adapted in order to respond to the COVID-19 pandemic, which had an impact on the number of OSH inspections carried out. The Committee also notes that, in reply to its previous request, the Government provides detailed information on the number of OSH inspections carried out, the suspension or partial suspension of work requested and administrative fines issued in relation to the construction and mining sectors for the period 2015 until May 2021. The Committee further notes that the Government report does not contain information regarding OSH inspections on the safe use of machinery and on the inspection activities with regard to employers’ obligations concerning protection from ionizing radiation. Noting that the decrease in the number of OSH inspections in 2019 and 2020 was due to specific contingencies, the Committee trusts that the Government will take the necessary measures to ensure that the enforcement of laws and regulations concerning occupational safety and health and the working environment is secured by an adequate and appropriate system of inspection. The Committee requests the Government to continue to provide information on the number of OSH inspections undertaken, disaggregated by controls carried out in the mining and construction sectors and with regard to the safe use of machinery, as well as statistical information on the inspection activities concerning employers’ obligations to ensure protection from ionizing radiation. It also requests the Government to provide information on the number of violations detected, the number and nature of penalties imposed and the orders to suspend operations issued.
Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanisms for the notification, collection and analysis of data on occupational injuries and diseases. The Committee notes that in reply to its previous request, the Government indicates that electronic notifications of occupational accident and diseases have been integrated through the web service of the Social Security Institution (SSI). In addition, the Government indicates that data collected from the field through the OSH software registered by the Ministry of Labour and Social Security and the data gathered by the SSI are used to carry out studies on prevention of work accidents and occupational diseases, and to produce estimates to develop early warning mechanisms. The Committee also notes that according to the Government, in 2019 the most common occupational diseases are those affecting the respiratory system, in particular pneumoconiosis. The Committee notes that the Government report does not contain information on the reporting of occupational diseases for public servants. The Committee requests the Government to continue to provide information on the functioning of the mechanism for the notification, collection and analysis of data concerning occupational injuries and diseases, including information on the system applicable to public servants.
Article 2 of Convention No. 155 and Article 3 of Convention No. 161. Scope of application. Progressive development of occupational health services for all workers and all branches of economic activity. The Committee previously requested the Government to provide information on progress made towards the application of sections 6 and 7 of the OSH Act (on occupational health and safety services, i.e. the assignment of occupational specialists, occupational physicians and other health staff) to public sector workers and to workplaces with less than 50 workers. The Committee notes the Government’s information that the obligation to appoint an OSH professional in public institutions, excluding those employing more than 50 workers, and in less hazardous workplaces with less than 50 employees, will enter into force on 31 December 2023. In its observation, KESK notes that the application of sections 6 and 7 was supposed to enter into force in July 2023. In its reply to KESK observations, the Government indicates that the decision of postponement was taken following a letter received from national institutions and organizations where they pointed at financial difficulties caused by COVID-19, which hindered the possibility to provide occupational health and safety services within the workplaces or through outsourcing. According to the Government, the pandemic also caused a shortage of specialists and physicians in occupational health due to the disruption of training and the difficulties to perform the relevant exams. The Committee requests the Government to indicate which public institutions and workplaces (based on the number of employees and the level of hazard) will be covered by the provisions of sections 6 and 7 of the OSH Act starting from 31 December 2023. It also requests the Government to indicate whether the decision to further delay the application of those sections of the OSH Act has been taken in consultation with the most representative organisations of employers and workers.

1. Occupational Health Services Convention, 1985 (No. 161)

Article 9. Multidisciplinary nature of occupational health services. In reply to its previous comment regarding the specific criteria regarding the composition of occupational health services so as to ensure the availability of experts from different disciplines, the Government refers to the provisions of the OSH Act that provide for the establishment of occupational health services in the workplace, and to the 2015 Regulations on occupational safety and health services organized by employers or their representatives. The Government also refers to workplace health and safety units (İSGB), foreseen in section 3(1)(i) of the OSH Act, which are established to carry out occupational health and safety services in the workplace. The Government indicates that the İSGB has at least one occupational physician and at least one occupational safety specialist who has a certificate suitable for the hazard class of the workplace. The Government also indicates that joint health and safety units (OSGB) are defined in section 3(1)(m) of the OSH Act as units having the necessary equipment and personnel and being authorized by the Ministry of Labour and Social Security, which are established by public institutions and organizations, organized industrial zones or companies operating in accordance with the Turkish Commercial Code, in order to provide occupational health and safety services to workplaces. The Government indicates that these joint units employ at least one occupational doctor, one occupational safety specialist and other health staff working with a full-time employment contract. While noting this information, the Committee requests the Government to indicate how it ensures the availability of a variety of experience within the İSGB and the OSGB (such as experts in occupational medicine, ergonomics, etc.).
Article 11. Qualifications required for occupational health service personnel. The Committee notes that in reply to its previous request, the Government provides indications regarding the general requirements for, and qualifications of occupational physicians and other health personnel such as nurses, health officers, emergency medical technicians and environmental health technicians. The Committee also notes that, according to the Government the entry into force of section 8 (occupational physicians and occupational safety specialists) of the OSH Act, for public institutions and workplaces with less than 50 workers, has been further postponed to 31 December 2023. The Committee requests the Government to indicate whether specific qualifications have been established for personnel providing health services in accordance with the nature of the duties to be performed (for instance in connection to the risks related to specific sectors of activities). It also requests the Government to keep providing information concerning the entry into force of section 8 of the OSH Act for public institutions and workplaces with less than 50 workers.

2. Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 6(2) of the Convention. Dose limits in occupational exposure. Legislation. The Committee notes the adoption of the Regulation on Management of Radiation Emergencies No. 31159, published in the Official Gazette dated 18 June 2020. The Committee recalls that the Convention, pursuant to Article 2, applies to all activities involving exposure of workers to ionizing radiations, including emergency workers. The Committee also refers to paragraphs 17-24 of its general observation of 2015, which set out limitation of occupational exposure during an emergency and the recovery period. The Committee requests the Government to indicate the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye for emergency workers. It also requests the Government to provide information on the adoption of the revised Regulations on Radiation Protection.

3. Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that, in reply to its previous request, the Government indicates that, as a result of inspection activities carried out during the period from June 2016 to May 2021, 67 workplaces were found to be in breach of legislation concerning the transport of a load likely to jeopardize the health and safety of the workers. The Government indicates that administrative fines amounting 241,847 Turkish Liras (approx. 24,956 USD) were imposed. The Committee requests the Government to continue to provide information on the inspections carried out in this respect, on the shortcomings detected and remedial measures taken, if any.

4. Safety and Health in Construction Convention, 1988 (No. 167)

Article 6 of the Convention. Cooperation at construction sites. The Committee notes that in its previous comment it requested the Government to provide information on the arrangements for cooperation between employers and workers to promote safety and health at temporary construction sites, and on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice, specifying for example, the instances and frequency of consultations, the number of participants at the consultations (per centage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account. The Committee notes that the Government refers to section 4 of the Regulation on occupational health and safety committees, which provides that the employer shall set up an occupational health and safety committee in enterprises where a minimum of fifty employees are employed and permanent work is performed for more than six months. The Government also refers to the Regulation on occupational health and safety in temporary or fixed-term work, which provides for the OSH protection of employees with temporary or fixed-term labour contracts. The Committee requests the Government to provide further information on the arrangements for cooperation between employers and workers to promote safety and health at construction sites that employ less than fifty workers and that are set up for a period of less than six months. It also requests once again the Government to indicate how consultations are conducted in practice, specifying for example the instances and frequency of consultations, the number of participants at the consultations (percentage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account.
Article 12(2). Duty of employers to stop operations in situations of imminent danger. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the obligation of employers to take immediate steps to stop operations where there is an imminent danger to the safety of workers is not limited to situations where the danger is serious or unavoidable. The Committee notes that the Government reiterates the reference to section 12 of the OSH Act, which provides that in the event of serious, imminent and unavoidable danger, the employer shall take action and give instructions to enable workers to stop work and/or immediately leave the workplace and proceed to a place of safety. The Committee notes that the Government also refers to section 5 of the OSH Act, which provides that the employer shall fulfil its responsibilities on the basis of the principle to avoid risks. The Committee recalls that Article 12 (2) provides that in case of imminent danger to the safety of workers the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. Therefore, the Committee requests the Government once again to adopt the necessary measures in order to give full effect to this Article of the Convention.
Article 18. Work at heights. The Committee previously requested the Government to indicate the measures taken to protect against the fall of workers, tools or other objects or materials, including the progress achieved with respect to revised performance indicators in the 2019-23 action plan once it is adopted, specifically as concerns the rate of occupational accidents resulting from a fall from heights. The Committee notes the Government’s indication that the drafting of the national occupational health and safety policy and action plan 2019 – 2023 will continue once the arrangements of structural changes related to the national OSH Council are finalized. The Government also indicates that the proportion of fatal occupational accidents in the construction sector caused by falls from heights decreased from 37.05 per cent in 2018 to 21.20 per cent in 2019. The Committee notes that according to the statistics provided by the Government, the number of occupational accidents in the construction sector had an increasing trend between 2015 and 2018 and then decreased in 2019. The Committee requests the Government to take the necessary measures to ensure that the national occupational health and safety policy and action plan 2019 – 2023 include OSH preventive measures against the fall of workers and tools or other objects or materials. It also request the Government to continue to provide data on occupational accidents and fatalities in the construction sector, particularly those resulting from a fall from height.
Article 21(2). Work in compressed air. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to ensure that work in compressed air is only carried out by workers whose physical aptitude for such work has been established by a medical examination, and when a competent person is present to supervise the conduct of the operations. In its reply, the Government refers to section 15 of the OSH Act, which provides that the employer shall ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, taking into account the type of workers, the nature of work and the hazard class of the enterprise. The Government also indicates that Annex 2 of the Regulation on occupational health and safety in construction works, which provides the list of jobs with occupational health and safety risk, includes works done in pneumatic caisson. In accordance with section 10(1)(b) of the mentioned Regulation, if the works specified in Annex 2 are carried out in the construction area, special measures regarding these works should also be included in the health and safety plan. Moreover, the Government refers to section 78 of Chapter II of the Annex 4 of the aforementioned Regulation, which provides that the construction, installation, replacement or dismantling of cofferdams and caissons shall be carried out under the supervision of a competent person appointed by the employer. The Committee notes that the provisions indicated by the Government meet the requirement of Article 21(2) with regard to the need to ensure that work in compressed air is carried out only by workers whose physical aptitude for such work has been established by a medical examination. The Committee requests the Government to indicate the measures adopted to ensure that works in compressed air, other than those carried out for the construction, installation, replacement or dismantling of cofferdams and caissons, are carried out only under the supervision of a competent person.

5. Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(2)(c) and (d) and 10(e) of the Convention. Procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, and compilation and publication of statistics. Employers’ obligations to report dangerous occurrences. The Committee notes that in reply to its previous request, the Government reiterates the reference to section 14 of the OSH Act. The Committee notes that this provision foresees that the employer shall investigate and draw up reports on incidents that might potentially harm the workers, work place or work equipment or have damaged the work place or equipment despite not resulting in injury or death. However, the Committee notes once again that this provision does not provide for an obligation of the employers to report to the competent authorities dangerous occurrences. The Committee also notes that the statistics provided by the Government contain information regarding the occupational accidents and diseases in the mining sector, but do not provide information on the number of dangerous occurrences in this sector. The Committee requests the Government to take the necessary measures to ensure that the procedure for the notification of dangerous occurrences in mining is established in national laws or regulations. The Committee also requests the Government to continue to provide information on the measures taken to compile and publish statistics on dangerous occurrences in the mining sector as required by Article 5(2)(d).
Article 7(a). Design of mines. The Committee previously noted that section 5 of the Regulations on occupational health and safety in mining provides that the employer has the obligation to take the necessary measures to ensure the safety and health of workers, including by ensuring that workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and health. The Committee notes that, in reply to its previous request on the practical application of section 5(1) of the Regulations, the Government refers to the procedure for the review and evaluation of health surveillance records at workplaces operating in the mining sector, in particular with regards to pneumoconiosis. The Government also refers to the statistics provided with regard to inspections, occupational accidents and diseases in the mining sector. The Committee requests the Government to continue to provide information on the practical application of section 5(1) of the Regulations on Occupational Health and Safety in Mining, in particular the number of inspections conducted, any violations detected and subsequent penalties applied.
Article 7(i). Obligation to stop operations and evacuate workers. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to give full effect to Article 7(i) of the Convention by ensuring that employers are required to stop operations and evacuate workers in all situations where there is a serious danger to the safety and health of workers. The Committee notes that the Government once again refers to the provisions of section 12 of the OSH Act. The Committee is bound to recall that Article 7(i) of the Convention requires employers to ensure that when there is a serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location. It also emphasized, that, unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee also notes the Government’s indication that safety rules concerning all kinds of risks are included in secondary legislation adopted by virtue of section 5 of the OSH Act, which contains principles for protection from risks. The Committee requests the Government to indicate the provisions of secondary legislation that give full effect to Article 7(i) of the Convention by ensuring that employers are required to stop operations and evacuate workers in all situations where there is a serious danger to the safety and health of workers.
Article 12. Two or more employers undertaking activities at the same mine. The Committee previously requested the Government to provide information on the implementation of section 5(1)(4) of the Regulations on occupational health and safety in mining concerning the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations, including any violations detected in the course of inspections and subsequent penalties applied. In its reply, the Government refers to the information concerning inspections, occupational accidents and diseases in the mining sector. The Committee notes that these statistics do not contain information with regard to the violations detected in relation to the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations and subsequent penalties applied. The Committee requests the Government to provide information on the implementation in practice of the obligation foreseen in section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining, in particular the violations detected during inspections and the penalties applied.
Article 13(2)(f). Right of workers’ safety and health representatives to receive notice of accidents and dangerous occurrences. The Committee notes that in reply to its previous request concerning the measures taken or envisaged to guarantee the right of workers’ representatives to receive notice of accidents and dangerous occurrences, the Government refers to section 16 of the OSH Act. This section provides that employers shall ensure that support staff and workers' representatives shall have access to the risk assessment, protective and preventive measures related to safety and health at work, information contained in measurements, analysis, technical controls, records, reports and inspections. The Government also refers to Regulation on occupational health and safety risk assessment, which indicates that workers’ representative are part of the team that conducts the risk assessment in the workplace. While noting the information provided by the Government, the Committee recalls that Article 13(2)(f) provides that workers’ safety representatives shall have the right to receive notice of accidents and dangerous occurrences. Therefore, the Committee requests the Government once again to provide information on the measures taken or envisaged to give full application to Article 13(2)(f) of the Convention.

C152 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee had previously noted the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), transmitted with the Government’s report in 2017, regretting that, despite the comprehensive legislation in this area, the transport sector ranked first in the statistics on fatal occupational accidents and calling for analysis to determine whether the legal framework and practice are consistent with the Convention. The Committee notes the Government’s reply, indicating that the General Directorate of Occupational Health and Safety of the Ministry of Labour and Social Security held a symposium in Istanbul in April 2018 with the participation of maritime sector managers and employees, as well as representatives of various associations and foundations, to evaluate the overall occupational health and safety conditions in ports and shipyards and to reflect on ways to reduce fatal occupational accidents in the port sector. Moreover, the Government informs that the Vocational Qualifications Authority (VQA) has established a mandatory vocational qualification certificate for nine occupations in the port sector. This certificate ensures that the workers recognize the risks related to occupational safety and health, know the precautions and take environmental safety measures at the worksites, and know the types of characteristics of dangerous goods and the emergency actions to be taken in case of work accidents. In this regard, the Committee notes with concern the statistical data in the Government’s report indicating that the number of occupational accidents and diseases reported in the port sector from 2017 to 2019, for workers registered in the Social Security Institution, stand at 16.079 cases of occupational accidents, 121 occupational diseases, and 18 fatalities. While acknowledging the development of the vocational qualification certificate focused on workers’ recognition of risks, the Committee expects that the Government will take further steps, in consultation with the social partners concerned in the sector, to develop additional risk prevention measures applicable to the enterprise level in order to reduce meaningfully the number of occupational accidents and diseases in dock work, and requests it to provide full information in this regard.
Article 13(4), read together with Article 3. Persons authorized to remove guards and safety devices. Pursuant to its previous request and in the absence of information in this regard, the Committee is bound to recall that Article 13 of the Convention relates to the designation of responsible persons authorized to handle dangerous parts of machinery for the purpose of cleaning, maintenance or repair work, and that paragraph 4 thereof provides that only an authorized person shall be permitted to: (i) remove any guard where this is necessary for the purpose of the work being carried out (a); and (ii) remove a safety device or make it inoperative for the purpose of cleaning, adjustment or repair (b). The Committee once again requests the Government to provide information on the regulatory provisions governing the designation of the person authorized for the purposes provided for under Article 13(4) of the Convention.
Articles 22 to 25, read together with Article 3. Testing and inspection of lifting appliances and loose gear and recording of information relating thereto. Definitions of lifting appliances and loose gear. The Committee has been requesting for some years the Government to specify the national legislation or other texts defining lifting appliances and loose gear, since the distinction between these two categories of equipment is legally relevant, including concerning the application of the requirements for the testing, examination and inspection of such equipment, as defined in Articles 22–25. The Committee notes that the Government refers once again to Section 7 of the Regulation on Health and Safety Conditions in the Use of Work Equipment (as revised in 2017) and now to the Communiqué on the Registration and Training of Persons Authorized to Perform Periodic controls of work equipment of 1 October 2017, as the instruments giving effect to these Articles of the Convention. The Committee notes that, while the Government’s report contains no information on the national legislation defining lifting appliances and loose gear, it indicates that periodic controls of lifting and conveying equipment are generally carried out at least once a year by mechanical engineers, technical teachers on machinery or metal, mechanical technicians or high technicians. Following the periodic control, a report is prepared by the expert person or institution authorized to carry out periodic controls, containing, among other information, the frequency of the inspection, the technical specifications of the equipment, and the results of the tests performed during the periodic control. In addition, the Government informs that a new Draft Regulation amending the Health and Safety Conditions in the Use of Work Equipment was sent in November 2020 to the relevant stakeholders for their opinions and suggestions. According to the Government, the Draft aims to reduce occupational accidents and envisages various regulations for the standardization and implementation of periodic checks and reports of work equipment. The Committee is bound to request once again the Government to specify the legal provisions or other texts defining lifting appliances and other loose gear in ports. The Committee requests the Government to provide copy of the new Draft Regulation on Health and Safety Conditions in the Use of Work Equipment, once adopted (if possible, in one of the official languages of the International Labour Office (ILO)), and to specify any new provision relating to the determination of the conditions for testing, examination and periodic inspection of port facilities, thus giving effect to Articles 22–25 of the Convention. Furthermore, the Committee requests the Government to provide specimen minutes, records and certificates drawn up following the periodic control of lifting appliances and other loose gear.
Articles 18, 20, 21 and 26–31. Pursuant to its previous requests and in the absence of information in the Government’s report, the Committee is bound to request once again the Government to indicate any measures adopted concerning: regulations on hatch covers (Article 18); the safety of workers in holds and ‘tween decks (Article 20); the conditions for the use of lifting appliances, loose gear and slings or lifting devices forming an integral part of a load (Article 21); mutual recognition of arrangements made by Members with regard to the testing and examination of lifting appliances and loose gear (Article 26); marking of the safe working load of lifting appliances and loose gear (Article 27); carriage of rigging plans (Article 28); palettes and other devices for containing or supporting loads (Article 29); raising and lowering of loads (Article 30); and operation and layout of freight container terminals and organization of work in such terminals (Article 31).
Part V of the report form. Application in practice. The Committee notes the Government’s indication that the Inspection Board of the Ministry of Labour and Social Security conducted 16 port work inspections, covering 4.037 workers during the period of June 2017 to May 2021 and that, as a result of these inspections, administrative fines amounting to 7.799 Turkish Liras (742 US Dollars) were imposed for two workplaces. The Committee requests the Government to continue providing statistics on the number of occupational accidents and diseases reported, the number of port workers covered by the legislation, as well as the number and nature of violations reported and the measures taken in that regard. The Committee firmly hopes that the Government will be in a position to report on the concrete impact of measures taken, including those implementing the new Health and Safety regulation in the Use of Work Equipment, once adopted, on the meaningful reduction of occupational accidents and diseases in dock work.
Legislation. The Committee reiterates its request to the Government to provide copies of the following documents, which it mentioned in successive reports, in one of the official languages of the ILO, if possible: (i) document No. 5196 on the Occupational Safety and Health Act (No. 6331 of 20 June 2012); and (ii) the Directive on Occupational Health and Safety.

C167 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.
The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Convention No. 155, received on 1 September 2021, and the response of the Government received on 19 November 2021. The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK) on Conventions Nos 115, 119, 127, 155, 161, 167, 176, 187, received on 8 September 2021.
COVID-19 measures. The Committee notes that, in reply to its previous request, the Government indicates in its report that an advisory board, consisting of 14 experts of public health, carried out studies regarding COVID-19 in workplaces. Accordingly, 36 guides and documents related to 24 different subject areas were prepared by taking into account the opinions of the scientific advisory board. The Government also enumerates the activities conducted by the Ministry of Family, Labour and Social Services to prepare informative and guidance material on OSH, and to raise awareness of the OSH system in various sectors of the economy. The Committee notes that, according to the Government, upon notifications and complaints related to COVID-19, a total of 4,630 workplaces were examined by the Directorate of Guidance and Inspection in 2020 and 2021. In addition, between January and April 2021, the Directorate conducted 2,773 scheduled and 723 unscheduled OSH inspections. The Committee takes note of this information, which addresses its previous request.
Articles 2, 3, 4(3)(a) and 5 of Convention No. 187, Articles 4, 7 and 8 of Convention No. 155, Article 1 of Convention No. 115, Article 16 of Convention No. 119, Article 8 of Convention No. 127, Articles 2 and 4 of Convention No. 161, Article 3 of Convention No. 167 and Article 3 of Convention No. 176. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers and the national tripartite advisory body. National OSH policy and programme. In its previous comment, the Committee requested the Government to provide information on the review of its National OSH Policy and Action Plan for the period 2014–18, on the formulation and adoption of a new OSH policy and on the consultations held with the most representative organizations of employers and workers in this respect. The Committee notes that, in reply to its previous comments, the Government provides information on the actions undertaken within the annual performance indicators in each of the seven objectives set out in the National Action Plan 2014–18. The Committee also notes the Government’s indication that, following the amendment of section 21 of the Occupational Health and Safety Law No. 6331 (OSH Act), adopted by Decree-Law No. 703 of 2018, the National Occupational Health and Safety Council has been removed from the text of the OSH Act and references to the “National Occupational Health and Safety Council” in this law were replaced with a “Board or Authority under the Presidency”. In its observations, KESK reiterates that there were no meetings of the Council since 2018. The Government indicates, in its report and in its response to the KESK observations, that the National Occupational Health and Safety Board will be steered by the Social Policies Council of the Presidency and that regular meetings and consultations with the Presidency of the Republic of Turkey are ongoing in connection with the establishment of the chairmanship of the Board. The Committee notes with concern that the Board is not yet established and that the Government does not provide information concerning its composition and mandate regarding OSH. The Committee further notes that the Government refers to the content of the 11th Development Plan for 2019–23 and the target to increase the quality and efficiency of the services carried out in the field of OSH. The Committee also notes that, according to TISK, the Development Plan provides for the implementation of a series of measures in the field of OSH, such as training and seminars, studies on the compliance of work equipment with OSH standards, and the development of occupational standards and qualifications. However, the Committee notes that the Government does not provide information on the revision of the National OSH Policy and Action plan for 2014–18 and on progress made in the adoption of the new policy and programme. The Committee requests the Government to provide detailed information on the establishment, mandate and composition of the National OSH Board under the Presidency and in particular, to indicate if it includes representatives of employers’ and workers’ organizations. The Committee requests the Government once again to provide information on the review of its National OSH Policy and Action Plan for the period 2014–18, including the evaluation of progress made with the performance indicators. The Committee also requests the Government to provide information on the formulation and adoption of a new OSH policy and programme for the subsequent period. It requests the Government once again to provide detailed information on the consultations held with the most representative organizations of employers and workers in this respect.
Articles 2 and 3 of Convention No. 187 and Article 4 of Convention No. 155. Prevention as the aim of the national policy on OSH. The Committee notes the information provided by the Government regarding the prevention activities in the field of OSH, such as training, seminars, projects and publication of brochures and guides, carried out particularly in the construction, mining and agricultural sectors. The Committee also notes the information provided by the Government regarding the plan to establish an occupational accidents research centre that would examine occupational accidents, carry out studies with a preventive focus and ensure that necessary protection measures are adopted in advance. The Committee welcomes the detailed statistics provided by the Government covering the number of occupational accidents, fatal occupational accidents and occupational diseases by sectors, and the distribution of occupational diseases, according to age and gender for the period 2015–19. In addition, the Government provides information on the number of occupational accidents with a breakdown by causes, economic activity and gender for the years 2019 and 2020. The Committee further notes that, according to the figures provided by the Government, the number of occupational accidents in the construction, mining and agricultural sectors had an increasing trend between 2015 and 2018, but then decreased in 2019. The Committee notes that the most common causes of accidents are falls and those related to the use of machineries. In the framework of a national OSH policy and plan, as mentioned above, the Committee requests the Government to continue to provide information on the actions taken and the results achieved in order to promote, in consultation with the most representative organizations of employers and workers, basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at the source; and developing a national preventative safety and health culture that includes information, consultation and training. The Committee also requests the Government to continue to provide detailed information on the number of occupational accidents, including fatal accidents, in all sectors and workplaces. It also requests the Government to provide information regarding occupational diseases, including data disaggregated, by sector, age group, gender and type of occupational disease.
Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176. Right of workers to remove themselves from danger. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger (or in the case of workers in mines, when circumstances arise which appear, with reasonable justification, to pose a serious danger) to their safety or health. The Committee notes that the Government reaffirms that section 13(3) of the OSH Act, adopted by Decree-Law No. 703 of 2018, provides that workers are able to leave their place of work without going through the process of authorization foreseen in section 13(1) of the OSH Act, if the danger is serious, imminent and unavoidable. The Committee recalls that Article 13 of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 do not refer to a danger that is “unavoidable” and include situations where the workers have a good reason or a reasonable justification to believe that there is an imminent and serious danger. Therefore, the Committee urges the Government to adopt the necessary measures in order to give full effect to Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176, by ensuring that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have a reasonable justification to believe that there is an imminent and serious danger (or in the case of workers in mines, when circumstances arise which appear, with reasonable justification, to pose a serious danger) to their safety or health.
The Committee is raising other matters in a request addressed directly to the Government.
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