Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 158) sur le licenciement, 1982 - Türkiye (Ratification: 1995)

Seafarers. The Committee recalls that, in its conclusions adopted in November 2000, the tripartite committee set up by the Governing Body to examine a representation under article 24 of the ILO Constitution noted that the laws regulating the employment of seafarers did not require a valid reason for termination related to capacity, conduct or operational requirements. In its report, the Government provides further information on Maritime Labour Law No. 854. The Committee notes in this regard that section 14 of the Law sets out the conditions for the termination of employment contracts for an indefinite period or of a fixed duration, or contracts of employment per voyage. According to this provision, an employment contract may be terminated by the employer or the representative of the employer if: (a) the seafarer returns to the ship at any port but does not return to work, or does not return to the ship at all; (b) it will be impossible for the seafarer to work on the ship due to arrest, imprisonment or prohibition of work on the ship; (c) the seafarer acts against the employer or the representative of the employer in violation of applicable laws, employment contract or other working conditions; and (d) the seafarer acts against the employer or the employer’s representative in violation of maritime rules and practice, or acts in contradiction to the applicable ethical and moral rules. The Government further indicates that seafarers are also protected against bad faith dismissals. Section 16 of the Maritime Labour Law provides that, if the seafarer is dismissed due to other reasons, such as union membership or due to the filing of a complaint, and in case of the abuse of the right of the termination of the employment contract, the dismissed worker will be entitled to compensation. The parties also have the right to request further indemnification apart from what is expressly stated in the legislation. The Committee therefore requests the Government to provide further information on the position of law and practice regarding the termination of the employment contracts of seafarers, including copies of relevant court decisions in this regard.

Article 10. Remedies in case of unjustified termination. In its previous comments, the Committee noted that workers who win their lawsuits for unfair dismissal are required to pay back the unemployment benefits they received during the legal process. In its observations, the Turkish Confederation of Employer Associations (TİSK) indicates that employment in an income-generating job precludes entitlement to unemployment benefits. The Government indicates that, with the adoption of Law No. 6552 in September 2014, section 50(3) of the Unemployment Insurance Law No. 4447 was amended to clarify that workers who win their lawsuits for unfair dismissal are entitled to retain unemployment allowances received for the period during which they were unemployed, when returning to work. The Committee requests the Government to continue to provide updated information on the application of Article 10 of the Convention.