Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Türkiye (Ratification: 1952)

The Committee notes the Government’s report. It also notes the comments made by the Confederation of Turkish Trade Unions, the Confederation of Progressive Trade Unions of Turkey and the Turkish Confederation of Employers’ Associations (the comments of the latter two are being translated).

Articles 1 and 3 of the Convention. In its previous observations, the Committee had requested the Government to keep it informed of any progress made in the adoption of new legislation regarding the protection of workers against anti-union discrimination. The Government indicates in its report that a new draft Bill has been prepared by a commission of experts appointed by the social partners and the Minister of Labour. Furthermore, the Government indicates that the draft Bill amending Labour Act No. 1475 and Trade Unions Act No. 2821 has been submitted to the Council of Ministers. The Committee requests the Government to provide a copy of the draft Bill, in order to ensure its conformity with the requirements of the Convention.

Article 4. In its previous comments, the Committee had noted that the Government had initiated work to amend Acts Nos. 2821 and 2822, and that it had proposed to lift the 10 per cent membership requirement in a given branch of activity for collective bargaining purposes. The Government indicates in its report that the work on the draft Bills amending these Acts has not been finalized due to continuing consultations with social partners in order to reach a consensus on the question of dual criteria contained in legislation for determining the representative status of trade unions for collective bargaining purposes. The Government also indicates that these amendments are specified in the National Programme as having medium-term priority. The Committee expresses the firm hope that the Government will take the necessary measures to ensure the conformity of the draft Bills with the requirements of the Convention and once again requests the Government to provide a copy of the draft Bills amending Acts Nos. 2821 and 2822, as soon as they have been elaborated.

In its previous comments, the Committee had also requested the Government to take the necessary measures to ensure that all workers in export processing zones (EPZs) would enjoy the right to negotiate freely their terms and conditions of employment. In its report, the Government indicates that, regarding the issue of compulsory arbitration in EPZs, the proposed amendment in this regard has yet to be enacted and refers the Committee to previous information supplied by the Government representative during the 88th Session of the Conference Committee on the Application of Standards. The Committee recalls that the imposition of compulsory arbitration (as stipulated in article 1 of Act No. 3218) runs contrary to the principle of the voluntary nature of negotiations established in Article 4. It therefore urges the Government to amend its legislation to the effect that all workers in all EPZs enjoy the right to negotiate freely their terms and conditions of employment.

In previous comments, the Committee had also requested the Government to provide information regarding the draft Bill on public servants’ trade unions, and expressed the firm hope that the draft Bill would grant collective bargaining rights to public servants with the sole exception of those engaged in the administration of the State. The Committee notes the adoption of the Public Employees’ Trade Unions Act No. 4688, and proposes to examine its conformity with the provisions of the Convention at its next meeting.