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Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 377, Mars 2016

Cas no 2976 (Türkiye) - Date de la plainte: 15-AOÛT -12 - En suivi

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Effect given to the recommendations of the committee and the Governing Body

Effect given to the recommendations of the committee and the Governing Body
  1. 58. The Committee last examined this case at its June 2013 meeting [see 368th Report, paras 827–847], when it expressed the expectation that all applications for the determination of competence to bargain collectively be examined without delay. With regard to the dismissal of 35 workers from the Togo Footwear Industry and Trade Inc., the Committee expressed its expectation that any information relating to the alleged anti-union nature of the dismissals be considered by the courts bearing in mind the relevant principles of freedom of association; that the decision be handed down in the very near future and that if the anti-union nature of the dismissals is established, the workers concerned be reinstated without loss of pay, or if reinstatement is not possible for objective and compelling reasons, adequate compensation be paid to them; and requested the Government to provide the relevant court judgment as soon as it is handed down. It also requested the Government to provide a copy of the inquiry report on the dismissal of 20 workers from the Ceha Office Furniture Limited Company.
  2. 59. The Government sent follow-up information in communications dated 6 September 2013 and 5 May 2014. In its 6 September communication, the Government recalls domestic constitutional and legislative provisions governing the right to establish and join trade unions and to conclude collective labour agreements. In its 5 May communication, the Government indicates in general that after the entry into force of Law No. 6356 (published on 7 November 2012) statistics began to be published regularly and the problems related to the process of determination of competence for concluding collective labour agreements were eliminated and notably, that the applications for certificates of competence presented by Petrol-İş were examined urgently for the following workplaces, with the outcomes specified:
    • ■ for Gripin Pharmaceutical Co. the certificate of competence was issued on 21 December 2012 and a collective labour agreement was concluded with its validity extending from 1 September 2012 to 31 August 2014;
    • ■ for Elba Plaster Industry and Trade Inc. the certificate of competence was issued on 24 December 2012 and a collective labour agreement was concluded with its validity extending from 1 July 2012 to 30 June 2014;
    • ■ for Arili Plastic Industry Inc. the certificate of competence was issued on 21 December 2012 and a collective labour agreement was concluded with its validity extending from 1 September 2012 to 31 August 2014;
    • ■ for Saba Industrial Products Manufacturing and Trade Inc. the certificate of competence was issued on 27 December 2012 and a collective labour agreement was concluded with its validity extending from 1 January 2013 to 31 August 2014;
    • ■ for Reckitt Benckiser Cleaning Supplies Industry and Trade Inc. the certificate of competence was issued on 13 December 2012 and a collective labour agreement was concluded with its validity extending from 1 September 2012 to 31 December 2014;
    • ■ for Ürosan Chemical Industry and Trade Inc. the certificate of competence was issued on 24 December 2012 and a collective labour agreement was concluded with its validity extending from 1 September 2012 to 31 August 2014;
    • ■ for Akin Plastic Industry and Trade Inc. the certificate of competence was issued on 31 December 2012 and a collective labour agreement was concluded with its validity extending from 1 September 2012 to 31 August 2014;
    • ■ for Sandoz Pharmaceutical Industry and Trade Inc. the certificate of competence was issued on 27 December 2012 and a collective labour agreement was concluded with its validity extending from 1 January 2013 to 31 December 2014;
    • ■ for Plastimak Profiled Injection Industry and Trade Limited Company the certificate of competence was issued on 24 December 2012 and a collective labour agreement was concluded with its validity extending from 1 July 2012 to 30 June 2014;
    • ■ for Plaskar Plastic Injection, Automotive, Accessories, Transport, Packaging, Molding Industry, Import, Export, Trade and Industry Inc. the certificate of competence was issued on 17 July 2013;
    • ■ for Mehmetçik Foundation Tourism, Oil, Instruction, Health, Food and Trade Limited Company the certificate of competence was issued on 28 December 2012 and a collective labour agreement was concluded with its validity extending from 1 October 2012 to 30 September 2014;
    • ■ for Plastiform Plastic Industry and Trade Inc. the certificate of competence was issued on 14 May 2013 and a collective labour agreement was concluded with its validity extending from 1 January 2013 to 31 December 2015.
  3. With regard to Erze Packaging and Plastic Industry and Trade Inc., the Government indicates that Petrol-İş has failed to renew its application with a ruling of specific annotation as previously required by the Ministry of Labour and Social Security [see 368th Report, para. 839].
  4. 60. With regard to the right to benefit from check-off facilities and the right to appoint trade union representatives, the Government indicates that with the enactment of Law No. 6356 and delivery of competence certificates the problem has been resolved.
  5. 61. With regard to the consequences of suspension of the right of collective bargaining on the workers’ freedom of association rights in Togo Footwear Industry and Trade Inc. (hereinafter the enterprise), the Government reiterates that a Ministry report indicated that as of 3 April 2012, 33 workers out of 59 were Deri-İş affiliates. However, a certificate of competence could not be issued due to the suspension of publication of statistics. The Government further indicates that following the enactment of Law No. 6356 the Ministry notified the employer that Deri-İş had the majority required to conclude a collective labour agreement. However, the employer indicated that because of the high labour cost of its products in Turkey, it shall reduce the number of its staff in accordance with Article 29 of the Labour Law entitled “Collective Dismissal”. The Government indicates that in response to this statement of the employer, the Labour Inspection Board conducted an inspection with a view to analyse the situation and supervise the collective dismissal process and an inspection report was prepared, according to which: no collective labour agreement and union activity existed at the workplace; the workers were not forced to be or not to be a union member; the employer had no information about their status of union affiliation; and the workers were not informed about the dismissals. The Government further indicates that the proceedings before Ankara Third Labour Court are still ongoing and that on 4 June 2012 the Court requested the enterprise to submit the lists showing the dates of recruitment and termination of employment as well as the dates of resignation from the union of the workers working in the litigious workplace as of 16 November 2011; and on 6 June the court requested the submission, if available, of the file of application for conclusion of a collective labour agreement. The Government further indicates that on 19 July 2012, the union addressed a communication to the Ministry alleging that the employer had dismissed all the workers who were its affiliates.
  6. 62. With regard to Ceha Office Furniture Limited Company, the Government refers to additional allegations of the trade union claiming that the employer had recourse to practices aiming at preventing the union to get a competence certificate, namely that after the union addressed an application for certificate of competence to the Ministry, 20 affiliated workers were dismissed, while the total number of workers was raised through new recruitment. In response to these allegations the Ministry conducted an investigation as a result of which it was determined that on 12 March 2012, the number of workers employed in the enterprise amounted to 841, among which 351 were affiliates of United Metal Workers’ Union. The Ministry consequently determined that the union affiliates did not constitute the majority of workers as required in Article 41 of Law No. 6356 that defines the notion of competence. The union appealed to the Labour Court against this decision, requesting its reversal on the grounds that the numbers of workers and union affiliates relied upon were wrong. An expert report was presented to the Court according to which between 14 and 19 March 2012 the employer proceeded to recruit intensively, while a date prior to 12 March was notified as the date of recruitment and the whole process was a sham. On 7 November 2013 the Court requested the Ministry to submit membership registration forms and the employed workers’ petitions for resignation referred to in the expert report. The Ministry duly submitted those documents and the judicial process is still ongoing.
  7. 63. The Committee takes note of the information provided by the Government and welcomes the resumption of publication of statistics and issuance of certificates of competence by the Ministry of Labour that mark the end of the period of de facto suspension of collective bargaining rights in the country, and allow trade unions to once again benefit from check- off facilities and appoint their representatives. In particular, the Committee notes with satisfaction that certificates of competence were delivered to Petrol-İş for 12 workplaces and collective agreements concluded in 11 of those. The Committee takes note of the Government’s indication with regard to Erze Packaging and Plastic Industry and Trade Inc., that the certificate of competence could not be delivered as Petrol-İş failed to renew its application with a ruling of specific annotation as required by the Ministry of Labour and invites the complainant to provide follow-up information on this particular process.
  8. 64. With regard to the dismissal of 35 workers from the Togo enterprise, the Committee notes with concern that more than three years after the alleged anti-union dismissal of the said workers, the judicial proceedings on the determination of the nature of dismissals have not yet come to their conclusion. Recalling that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105], and that cases concerning anti-union discrimination should be examined rapidly in order to ensure that the remedies provided are truly effective, the Committee urges the judicial authorities to pronounce on the dismissals without further delay so as to avoid a denial of justice and requests the Government to provide it with a copy of the ruling as soon as it is handed down.
  9. 65. The Committee further notes the Government’s indication that the enterprise has expressed its intention of having recourse to collective dismissals for economic reasons. The Committee understands that this statement relates to the period after the enactment of Act No. 6356 (7 November 2012), and hence is posterior to the abovementioned dismissal of 35 workers that occurred in May 2012. Observing that the court proceedings in this case are ongoing, the Committee requests the Government to keep it informed of the outcome.
  10. 66. With regard to the dismissal of 20 workers from the Ceha Office Furniture Limited Company, the Committee notes with regret that the Government has not provided the copy of the inquiry report as requested at its last examination of the case and reiterates its request to this effect. The Committee further notes the new information provided by the Government with regard to the exercise of the right to collective bargaining at the workplace, notably that the United Metal Workers’ Union initiated judicial proceedings in order to obtain reversal of the Ministry’s rejection of its application for a certificate of competence, on the grounds that the employer had recourse to intensive recruitment after the union applied for a certificate of competence, in order to defeat the majority status of the union at the enterprise. The Committee trusts that the Court will thoroughly review the allegations of anti-union actions in this case and requests the Government to provide it with a copy of the judgment as soon as it is delivered.
  11. * * *
  12. 67. Finally, the Committee requests the governments and/or complainants concerned to keep it informed of any developments relating to the following cases.
    • CaseLast examination on the meritsLast follow-up examination
      1787 (Colombia)March 2010June 2014
      2096 (Pakistan)March 2004March 2011
      2362 (Colombia)March 2010November 2012
      2400 (Peru)November 2007November 2015
      2434 (Colombia)March 2009
      2512 (India)November 2007November 2015
      2528 (Philippines)June 2012November 2015
      2566 (Islamic Republic of Iran)November 2008
      2595 (Colombia)June 2009October 2013
      2603 (Argentina)November 2008November 2012
      2637 (Malaysia)March 2009November 2015
      2652 (Philippines)November 2003November 2015
      2654 (Canada)March 2010March 2014
      2679 (Mexico)June 2010March 2015
      2684 (Ecuador)June 2014
      2715 (Democratic Republic of the Congo)June 2014
      2743 (Argentina)November 2015
      2755 (Ecuador)June 2010March 2011
      2756 (Mali)March 2011November 2015
      2758 (Russian Federation)November 2012June 2015
      2780 (Ireland)March 2012
      2786 (Dominican Republic)November 2015
      2797 (Democratic Republic of the Congo)March 2014
      2815 (Philippines)November 2012November 2015
      2837 (Argentina)March 2012November 2015
      2844 (Japan)June 2012November 2015
      2850 (Malaysia)March 2012June 2015
      2870 (Argentina)November 2012June 2015
      2872 (Guatemala)November 2011
      2892 (Turkey)March 2014November 2015
      2896 (El Salvador)June 2015
      2925 (Democratic Republic of the Congo)March 2014
      2934 (Peru)November 2012
      2947 (Spain)March 2015
      2966 (Peru)November 2013November 2015
      2977 (Jordan)March 2013November 2015
      2988 (Qatar)March 2014November 2015
      2991 (India)June 2013November 2015
      2998 (Peru)March 2015
      3011 (Turkey)June 2014November 2015
      3022 (Thailand)June 2014
      3041 (Cameroon)November 2014
      3046 (Argentina)November 2015
      3051 (Japan)November 2015
      3055 (Panama)November 2015
      3060 (Mexico)November 2015
      3072 (Portugal)November 2015
      3075 (Argentina)November 2015
      3083 (Argentina)November 2015
      3087 (Colombia)November 2015
      3096 (Peru)November 2015
      3102 (Chile)November 2015
      3105 (Togo)June 2015
      >
  13. 68. The Committee hopes that these governments will quickly provide the information requested.
  14. 69. In addition, the Committee has received information concerning the follow-up of Cases Nos 1865 (Republic of Korea), 1962 (Colombia), 2086 (Paraguay), 2153 (Algeria), 2341 (Guatemala), 2430 (Canada), 2488 (Philippines), 2540 (Guatemala), 2583 (Colombia), 2656 (Brazil), 2667 (Peru), 2678 (Georgia), 2699 (Uruguay), 2706 (Panama), 2708 (Guatemala), 2710 (Colombia), 2716 (Philippines), 2719 (Colombia), 2725 (Argentina), 2745 (Philippines), 2746 (Costa Rica), 2751 (Panama), 2752 (Montenegro), 2763 (Bolivarian Republic of Venezuela), 2768 (Guatemala), 2788 (Argentina), 2789 (Turkey), 2793 (Colombia), 2807 (Islamic Republic of Iran), 2816 (Peru), 2827 (Bolivarian Republic of Venezuela), 2833 (Peru), 2840 (Guatemala), 2852 (Colombia), 2854 (Peru), 2856 (Peru), 2860 (Sri Lanka), 2871 (El Salvador), 2883 (Peru), 2895 (Colombia), 2900 (Peru), 2915 (Peru), 2916 (Nicaragua), 2917 (Bolivarian Republic of Venezuela), 2924 (Colombia), 2929 (Costa Rica), 2937 (Paraguay), 2944 (Algeria), 2946 (Colombia), 2947 (Spain), 2952 (Lebanon), 2953 (Italy), 2954 (Colombia), 2960 (Colombia), 2962 (India), 2973 (Mexico), 2979 (Argentina), 2980 (El Salvador), 2985 (El Salvador), 2992 (Costa Rica), 2995 (Colombia), 2998 (Peru), 2999 (Peru), 3002 (Plurinational State of Bolivia), 3006 (Bolivarian Republic of Venezuela), 3013 (El Salvador), 3020 (Colombia), 3021 (Turkey), 3026 (Peru), 3030 (Mali), 3033 (Peru), 3036 (Bolivarian Republic of Venezuela), 3039 (Denmark), 3040 (Guatemala), 3043 (Peru), 3054 (El Salvador), 3057 (Canada), 3058 (Djibouti), 3063 (Colombia), 3070 (Benin), 3077 (Honduras), 3084 (Turkey), 3085 (Algeria) and 3101 (Paraguay), which it will examine at its next meeting.
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