Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 81) sur l'inspection du travail, 1947 - Türkiye (Ratification: 1951)

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), communicated with the Government’s report on 20 October 2023.

COVID-19 and February 2023 earthquake measures. The Committee notes the information provided by the Government in its report that, during the COVID-19 pandemic, various measures were taken by the Directorate of Guidance and Inspection (DGI) to monitor employers’ adherence to the Ministry of Health’s guidelines and the Ministry of Labour and Social Security guides and checklists related to adequate occupational health and safety in workplaces. As a result, 195 workplaces were examined in 2021 after notifications and complaints regarding COVID-19 concerns. Furthermore, the Committee notes the Government’s information regarding the two major earthquakes that hit 11 provinces in Türkiye on 6 February 2023, affecting 14 million people. It also notes that labour inspectors concluded 28,764 inspections related to short-term work applications made to the Provincial Directorates of the Ministry of Labour and Social Security in connection with the situation arising from the earthquakes. In addition, it notes the Government’s information that inspections will be conducted to address any potential notices or complaints regarding working practices, including termination bans and unpaid leave. The Committee acknowledges the challenges faced by the Government and requests that it continue to provide updates on the measures taken in response to the earthquakes insofar as they relate to labour inspection activities.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors related to immigration. Following its previous comments on the activities of the labour inspectorate in relation to migrant workers in an irregular situation, the Committee notes the Government’s indication that the Turkish Irregular Migration Strategy Document and the National Action Plan, published by the Presidency of Migration Management, establish that the DGI is responsible for: (i) providing training to labour and social security inspectors on forced labour, labour exploitation and human trafficking; (ii) preparing guidelines for inspectors and auditors regarding the sanctions to be applied to foreign workers without a work permit; (iii) providing statistical information on migrant workers found in an irregular situation; (iv) establishing a working group consisting of institutions and organizations working to reduce unregistered employment; and (v) including measures to prevent irregular foreign labour in the strategies and action plans of institutions and organizations engaged in efforts to reduce the number of unregistered workers. The Government also informs that training was provided for 140 labour inspectors on fighting against human trafficking within the framework of the Project “Strengthening the Human Rights Protection of Migrants and Victims of Trafficking in Türkiye” designed under the “Horizontal Facility Program for the Western Balkans and Türkiye” and implemented in cooperation between the European Union and the Council of Europe for the Western Balkans region and Türkiye. However, the Committee notes with concern that, according to the Government, 672 migrant workers were fined a total of 3,671,684 lira (US$120,953) between June 2020 and May 2023 for working without a work permit/exemption, along with fines for 330 workplaces employing migrant workers in violation of the legislation. The Committee recalls once again, as indicated in its 2006 General Survey on labour inspection, paragraph 78, that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. In this respect, the Committee indicated, in its 2017 General Survey on certain OSH instruments, paragraph 452, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities. The Committee requests the Government once again to take measures to ensure that any duties entrusted to labour inspectors with respect to migrant employees or migrant self-employed do not interfere with the fundamental objective of securing the protection of workers, including migrant workers, in accordance with the primary duties set out in Article 3(1) of the Convention. The Committee also requests the Government to provide further information on the activities of labour inspectors in relation to migrant workers in an irregular situation, including specific measures undertaken by the inspectorate to ensure the enforcement of their rights. In this respect, the Committee requests the Government to provide detailed information regarding the time and resources of the labour inspectorate that are allocated to the inspection of migrant workers in an irregular situation in practice as a proportion of inspectors’ overall time and resources, as well as detailed information regarding the number of migrant workers who received the wages and social security benefits to which they were entitled from their employment relationship.

Articles 3, 5(b), 10 and 16. OSH inspections, including in the mining sector and in relation to subcontracting situations. Following its previous comments, the Committee notes the statistics provided in the Government’s report regarding the number of inspections and administrative fines imposed in the mining sector (1,001 inspections and 337 fines in 2021, 1,281 inspections and 330 fines in 2022 and 19 inspections and 6 fines between January and May 2023). It notes that the Government reports that scheduled inspections are carried out in this sector without distinction between the main employer and subcontractors, and that annual inspections are regularly carried out in all mining workplaces, with a focus on underground metal mines and coal mines, due to potential high-risk incidents. In addition, the Committee notes that the total number of occupational accidents reported by the Social Security Institution (SSI) between 2017 and 2021 remains significant (359,866 in 2017, 431,276 in 2018, 422,837 in 2019, 384,605 in 2020 and 511,639 in 2021) and that the total number of OSH inspections carried out in the first five months of 2023 signals a drastic decrease compared to yearly statistics of the previous years (3,837 in 2020, 15,666 in 2021, 17,842 in 2022 and 167 from January to May 2023). The Committee requests the Government to continue to provide information on the measures adopted to increase the number of OSH inspections, in particular in response to the dramatic decline in 2023. It also requests the Government to continue to provide statistics on the number of OSH inspections carried out and occupational accidents and illnesses recorded in workplaces in general, disaggregating, where possible, data on workplaces with workers in subcontracting situations and in the mining sector. In addition, the Committee requests the Government to provide information about arrangements in place to ensure collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Articles 5(a), 7(3), 17 and 18. Effective enforcement of laws and regulations providing for sufficiently dissuasive penalties. Effective cooperation between the inspection services and the justice system. Further to its previous comments, the Committee notes the information provided by the Government that the number of fines imposed per OSH inspection between 2020 and 2023 remained low (694 fines imposed in 2020, 2,831 in 2021, 4,292 in 2022 and 65 from January to May 2023). It also notes the absence of information regarding the number of enterprises suspended as a consequence of OSH inspections. The Committee requests the Government to continue to provide statistics on fines and sanctions imposed, as compared to the number of violations detected, and to provide statistics on the number of enterprises suspended as a result of labour inspections. It also requests the Government to provide information on the reason for the more recent decrease in the number of fines imposed. The Committee further requests the Government to continue to take the necessary measures to ensure effective cooperation between the inspection services and the judiciary and to provide detailed information in this regard.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. Following its previous comments, in which it noted a total of 974 labour inspectors in 2015 and 939 labour inspectors in 2020, the Committee notes the information provided by the Government that, as of May 2023, a total of 928 labour inspectors were employed in the DGI of the Ministry of Family, Labour and Social Services. While the Committee notes the Government’s information that in June 2023 the DGI announced a recruitment drive to hire 100 assistant labour inspectors, it also notes that the Government has been indicating for many years that such a recruitment would take place. The Government also reports that the labour inspection activities conducted by the Directorate are strategically planned in specific areas or sectors identified through the assessment of issues in the working environment, including workplaces that present special risks or that serve specific risk-prone groups. The Committee notes the observation of the TÜRK-İŞ, which highlights the need to increase the capacity of the labour inspection board and of the power of inspections and sanctions in all priority matters, as well as to remove conditions that can prevent inspectors performing their duties independently in the audit process. The Committee requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, and to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the application of the relevant provisions. In particular, the Committee requests the Government to provide information on the progress of the announced recruitment process for new labour inspectors. Noting the absence of information on this matter, the Committee requests once again the Government to provide further information on the role of auditors in the labour inspection system, including their functions and powers.

The Committee is raising other matters in a request addressed directly to the Government.