Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre el derecho de asociación (agricultura), 1921 (núm. 11) - Türkiye (Ratificación : 1961)

The Committee had previously requested the Government to indicate which legislation regulated the right of agricultural and forestry workers to establish and join an organization of their own choosing. The Committee notes that, in its report, the Government indicates that their right to organize is regulated by Act No. 2821 on trade unions and Act No. 2822 on collective labour agreements. Recalling that for a number of years it had been raising a number of issues with respect to several provisions of these Acts, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee had previously noted that the Constitution and Act No. 2821 did not allow self-employed farmers to establish or join a labour union and requested the Government to take the necessary steps to ensure that they enjoyed the same association and combination rights that are granted to industrial workers. The Committee notes that the Government confirms that these pieces of legislation do not allow self-employed farmers (producers) to establish trade unions. According to the Government, only workers under a contract of employment may exercise this right, as well as employers. The Government indicates that self-employed workers may, however, establish associations and participate in their activities pursuant to the Associations Act (No. 5253). The Committee notes that, pursuant to section 5(11) of this Act, it is forbidden to establish associations for the purpose of “… coordinating the activities of trade unions or any public professional organizations …”. The Committee requests the Government to clarify the meaning of this section and to indicate whether self-employed farmers have the right to establish and join unions of their own choosing for the furthering and defending their interests, like workers under a contract of employment.