CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Türkiye (RATIFICATION: 1951)

Other comments on C081

Observation

Direct Request

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1, 2(1) and 3(1)(a) and (b) of the Convention. Labour inspection in the informal economy. Following its previous comments on the activities of the labour inspectorate to address the problems in the informal economy, the Committee notes the statistics in the Government’s report, including on the number of inspections undertaken by the Social Security Institution (SSI) auditors and by the inspectors of the Directorate of Guidance and Inspection (DGI). In particular, the Government indicates that the inspections conducted by SSI auditors from 2016 to 2019 detected 86,193 unregistered workers and 35,623 unregistered workplaces, and the inspections of the DGI in the period 2010–19 have led to the identification of 7,201 unregistered workers in 2,496 workplaces and notifications to the SSI for necessary action to be taken. In addition, the Committee notes the Government’s indication that the inspections of the DGI in the period 2015–19 have led to the payment of outstanding wages to workers, in the amount of 511,541,906 Turkish lira (US$65,195,227). In its supplementary report, the Government indicates that, in the inspections of the DGI between 1 June 2019 and 31 May 2020, 19 unregistered employees were identified and notified to the SSI for necessary actions to be taken, and 82,215,446 lira (US$10,691,779) in employee benefits were paid. The Committee also welcomes that, according to information from the ILO Ankara Office, three separate training modules have been prepared and conducted in 2018 and 2019, for 303 SSI auditors, 280 labour inspectors and 207 judges, covering the formal employment of refugees and migrants, international labour standards and occupational safety and health (OSH). The Committee requests the Government to continue to provide information on the activities of the labour inspectorate related to the conditions of work and the protection of workers in the informal economy. In this regard, the Committee requests the Government to provide any statistics on workers who were registered with the SSI, following notification by the DGI, and on cases in which workers were paid outstanding salaries resulting from their employment relationship, following labour inspections.

Article 3(2). 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, pursuant to section 23 of Act No. 6735 on International Labour Force, entered into force on 13 August 2016, labour inspectors inspect whether migrant workers and employers fulfil their duties arising under the Act. In this respect, the Government states that labour inspectors focus on whether migrant workers have work permits and whether their working conditions and working environments are in conformity with the relevant provisions. The Committee notes that, according to the Government, labour inspectors fined 106 workplaces employing migrant workers found to be in violation of the legislation during the reporting period. The Committee further notes with concern that labour inspectors fined 214 migrant workers and 301 self-employed migrant workers. The Government further indicates in its supplementary report that, between June 2019 and May 2020, 61 migrant workers were fined a total of 215,751 lira (US$27,381) and five self-employed migrant workers were fined a total of 33,932 lira (US$4,306), along with fines for 42 workplaces employing migrant workers in violation of the legislation. The Committee recalls that, in accordance with Article 3(1) of the Convention, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. Article 3(2) also provides that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee further recalls that it 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 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 those same 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 on 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 role and responsibilities of labour inspectors in the application of Act No. 6735 on International Labour Force, including the time and resources of the labour inspectorate that are allocated to these responsibilities in practice as a proportion of inspectors’ overall time and resources.

Article 4. Placement of labour inspection under the supervision and control of a central authority. The Committee notes that the Government indicates that the DGI was established, following the merging of the Ministry of Family and Social Policies and the Ministry of Labour and Social Security under the name of the Ministry of Family, Labour and Social Services. The Committee notes the Government’s statement that the inspection functions of the Labour Inspection Board have been abolished and transferred to the DGI, pursuant to sections 67 and 78 of Presidential Decree No. 1 on the Organization of the Presidency, as amended, and that no functions relating to the monitoring of OSH have been transferred to other ministries. The Committee takes note of this information.

Articles 5(a) and 9. Association of technical experts and specialists in a manner such as to ensure the effective application of the legal provisions relating to the protection of the safety and health of workers. Following its previous comments concerning the status and conditions of service of OSH experts and workplace physicians responsible for carrying out risk assessments in workplaces, the Committee notes the information provided by the Government in this respect, including section 6 of the OSH Risk Assessment Regulation concerning the procedure for risk assessments. The Committee takes note of this information.

Article 6. Status and conditions of service of labour inspectors. The Committee previously noted the reiterated observations made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) claiming that labour inspectors should enjoy total independence, and it requested details on the status and conditions of service of labour inspectors in relation to other comparable categories of public officials. In this regard, the Committee notes the information provided by the Government regarding the legislation governing the status as civil servants (the Civil Servants Law) and the conditions of service of labour inspectors, including compensation rates and career progression. Noting this information, the Committee requests the Government to continue to provide information on any developments affecting the conditions of service of labour inspectors, and once again requests the Government to provide information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants exercising similar functions within other government services, such as tax inspectors and the police.