Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 96) sur les bureaux de placement payants (révisée), 1949 - Türkiye (Ratification: 1952)

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes the detailed information contained in the Government’s report received in November 2008, in reply to its 2007 observation. The Government reports that, in April 2008, 230 private employment agencies were operating in the country on the basis of a licence granted by the Turkish Employment Agency (İŞKUR). Between the second half of 2004 and 2007, private employment agencies ensured the placement of 122,070 jobseekers. The results of the inspections carried out show that the activities of most of the private employment agencies were in accordance with the requirements set out in the 2003 Labour Act No. 4857 and the 2003 Turkish Employment Agency Law No. 4904. In reply to previous comments, the Government also refers to the outcomes of the “Operating and Auditing of Private Employment Offices Project” launched in 2005 by the Labour Inspection Board, with the cooperation of the European Union’s Administrative Cooperation Fund with a view to harmonizing the Turkish system of private employment agencies with European Union standards. The Committee invites the Government to continue providing in its next report information on the measures adopted by İŞKUR to supervise the activities of the agencies covered by the Convention, providing summaries of inspection reports and information on the number and nature of contraventions reported, and any other particulars bearing on the effective implementation of Part III of the Convention.

Revision of Convention No. 96. The Committee notes from the report provided on the Employment Policy Convention, 1964 (No. 122), that the Government intends to encourage the opening of private employment agencies and the diversification of their activities. It further notes that new legal and regulatory provisions governing private employment agencies including amendments to the Labour Act are under preparation. The Committee reiterates that Article 10(b) of the Convention provides for fee-charging employment agencies to be in possession of a yearly licence renewable at the discretion of the competent authority whereas section 17 of Chapter 5 of the Turkish Employment Agency Act provides that private employment agency permits are valid for a period of three years and may be renewed for further three-year periods. The Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), in particular Article 3 thereof, provides more flexible provisions for the supervision of private employment agencies. The 273rd Session of the ILO Governing Body, held in November 1998, invited States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will involve the immediate denunciation of Convention No. 96. Accordingly, the Committee notes that, until such time as Convention No. 181 has been ratified, Convention No. 96 remains in force, and thus the Committee shall continue to examine the implementation of Part III of Convention No. 96 in national law and practice. The Committee invites the Government to report on any consultations that may have been held with social partners concerning the ratification of Convention No. 181.