2022 Report of the CEACR

Summary of Observations on ratified Conventions related to Turkey

C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

News | 10 March 2022
The Committee 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.

Recalling that locum workers and those employed in the public service without a written employment contract 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.

Noting with concern the high number of rejection of reinstatement cases (almost 88 per cent), the Committee once again urges the Government to provide information regarding the number and outcome of appeals against the negative decisions of the Inquiry Commission concerning trade union members and officials.

The Committee once again requests the Government to provide its comments on 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 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. The Committee expects the Government to provide information on all measures taken towards establishing the system for collecting data on anti-union discrimination in both private and public sectors.

The Committee 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.

Recalling that the search for a consensus with regard to collective bargaining 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, 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 again requests the Government 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.

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 once again requests the Government to consider reviewing, in consultation with the social partners, the method of appointment of the Public Employee Arbitration Board members so as to more clearly show its independence and impartiality and to win the confidence of the parties.

C115 - Radiation Protection Convention, 1960 (No. 115); C119 - Guarding of Machinery Convention, 1963 (No. 119); C127 - Maximum Weight Convention, 1967 (No. 127); C155 - Occupational Safety and Health Convention, 1981 (No. 155); C161 - Occupational Health Services Convention, 1985 (No. 161); C167 - Safety and Health in Construction Convention, 1988 (No. 167);C176 - Safety and Health in Mines Convention, 1995 (No. 176); C187 - Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee requests the Government to provide detailed information on the establishment, mandate and composition of the National OSH Board under the Presidency with indication if it includes representatives of employers’ and workers’ organizations. The Committee requests the Government to provide information on the review of its National OSH Policy and Action Plan for the period 2014-18 as well as on the formulation and adoption of a new OSH policy and programme for the subsequent period, including detailed information on the consultations held with the most representative organizations of employers and workers in this respect.

The Committee urges the Government to adopt 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 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.