Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre las agencias retribuidas de colocación (revisado), 1949 (núm. 96) - Türkiye (Ratificación : 1952)

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

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

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

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