Texts of pending comments

The Committee notes the Government’s reports on Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166. In order to provide a comprehensive view of the issues relating to the application of these Conventions on the maritime sector, the Committee considers it appropriate to examine them together.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 55, 68, 69, 92, 108, 133, 134, 146, 164, and 166 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 55, 68, 69, 92, 133, 134, 146, 164, and 166 as well as requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 55, 68, 69, 92, 133, 134, 146, 164, and 166 and the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that the Turkish Grand National Assembly approved the ratification of the MLC, 2006 on 2 March 2017 by Law No. 6898 (Official Gazette No. 30018 of 25 March 2017). The Committee notes that the Government further indicates that the ratification process of the MLC, 2006 has not yet been completed, and amendments to the relevant national legislation are underway with a view to bringing it into conformity with the provisions of the Convention. The Committee accordingly requests the Government to provide information on any progress made towards the ratification of the MLC, 2006. The Committee further encourages the Government to consider ratifying Convention No. 185 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

The Committee notes the observations of the Association of Turkish Shipowners (TAİS) communicated with the Government’s report indicating that, in Turkey, there are no particular problems of harmonisation between the measures implementing the MLC, 2006 and Convention No. 108.

Articles 5 and 6 of the Convention. Readmission to a territory and permission to enter a territory. In its previous comments, the Committee recalled that Articles 5 and 6 shall be implemented through laws, regulations, or other measures, and requested the Government to indicate the measures taken to give full effect to these Articles. The Committee notes the Government’s reference to the Turkish Passport Law No. 5682, which provides that all travellers require a valid passport or travel document whenever they leave or enter Turkey (section 2), a seaman’s book being considered a valid travel document (section 12). The Government further refers to section 20(5), which states that the entry and exit of foreign seafarers with regular and appropriate seafarers’ identity documents issued by competent authorities are permitted on the basis of the reciprocity principle. The Committee notes the Government’s reference to section 12(2) of the Law on Foreigners and International Protection, which provides that a visa for entering in Turkey may not be required from those (a) intending to disembark at a port city from a carrier which has been obliged to use Turkish air and seaports due to force majeure and (b) arriving at sea ports and intending to visit the seaport city or nearby provinces for touristic purpose, provided that their stay does not exceed 72 hours. Furthermore, the Committee notes the copy of the “Port City Permit Certificate for Seamen”, which, according to the Government, is issued ex officio for foreign seafarers, at no cost, by the personnel working at the border gates. The Government indicates that such certificate shall be issued upon the written request of the shipmaster with the assurance of the agency serving the ship that the seafarer is not included in the list of banned migration and/or undesirable persons, and shall be valid for multiple 30-day entries, renewable for up to 90 days. The Committee takes note of this information.

The Committee notes the observations of the Confederation of Public Employees Trade Unions (KESK), received on 1 September 2021 and the Government’s reply thereon. The Committee further notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), communicated with the Government’s report. The Committee finally notes the observations of the Turkish Confederation of Employer Associations (TİSK), received on 7 September 2021, referring to the issues raised by the Committee below.

Scope of the Convention. In its previous comments, the Committee had noted that while the prison staff, like all other public servants were covered by the collective agreements concluded in the public service, this category of workers did not enjoy the right to organize (section 15 of the Act on Public Servants’ Trade Unions and Collective Agreement (Act No. 4688)). Recalling that all public servants not engaged in the administration of the State or those who are not members of the armed forces or the police, defined in a restrictive manner, must enjoy the rights afforded by the Convention, the Committee requested 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 could be effectively represented by the organizations of their own choosing in negotiations which affect them. The Committee notes the Government’s indication section 15 of the Act was drafted taking into account the provisions of Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Labour Relations (Public Service) Convention, 1978 (No. 151). While reminding its comments under Convention No. 87 concerning the right of prison staff to organize, the Committee recalls once again that under the terms of Convention No. 98, the right of collective bargaining can be denied only to members of the armed forces, the police and to public servants directly engaged in the administration of the State; the simple fact of being employed by the Government does not automatically exclude such workers from the rights enshrined in the Convention. The Committee therefore 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. The Committee requests the Government to indicate all progress made in this regard.

The Committee had previously requested the Government to provide its comments with regard to the observation made by the Confederation of Public Servants Trade Unions (MEMUR-SEN) on the need to ensure freedom of association and collective bargaining rights to locum workers (teachers, nurses, midwives, etc.) as well as public servants who work without a written contract of employment. The Committee notes the Government’s indication that Act No. 4688 applies to public servants, whereas locum workers do not fall with the scope of that law as they are not considered to be public servants. Recalling that locum workers as well as those employed in the public service without a written contract of employment 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.

Articles 1, 2 and 3 of the Convention. Massive dismissals in the public sector under the state of emergency decrees. The Committee recalls that in its previous comments, it had noted the information on the high number of suspensions and dismissals of trade union members and officials under the state of emergency and reiterated its firm hope that the Inquiry Commission and the administrative courts that review its decisions would carefully examine the grounds for the dismissal of trade union members and officials in the public sector and order reinstatement of the trade unionists dismissed for anti-union grounds. The Committee requested the Government to provide specific information on the number of applications received from trade union members and officials, the outcome of their examination by the Inquiry Commission and on the number and outcome of appeals against the negative decisions of the Commission concerning trade union members and officials. The Committee notes that according to the information provided by the Government, as of 28 May 2021, there were 126,674 applications submitted to the Inquiry Commission. Since 22 December 2017, the Commission delivered its decisions in respect of 115,130 applications, out of which, 14,072 were accepted for reinstatement and 101,058 were rejected while 11,544 applications are still pending. While taking note of the general statistics provided by the Government, the Committee regrets once again the absence of specific information on the number of trade union members and officials involved. The Committee notes with concern the high number of rejection cases (currently almost 88 per cent) and further regrets the absence of information regarding the number and outcome of appeals against the negative decisions of the Inquiry Commission concerning trade union members and officials. Reiterating that in line with Article 1 of the Convention, the Inquiry Commission and the administrative courts that review its decisions shall carefully examine the grounds for the dismissal of trade union members and officials in the public sector and order reinstatement of the trade unionists dismissed for anti-union grounds, the Committee once again urges the Government to provide detailed and specific information regarding the number and outcome of appeals against the negative decisions of the Inquiry Commission concerning trade union members and officials. Further in this respect, the Committee recalls that it had expressed its concern at 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 regrets that no information has been provided by the Government on this serious allegation and once again requests the Government to provide its comments thereon.

Article 1. Anti-union discrimination in practice. The Committee recalls that in its previous comments it had noted numerous allegations of anti-union discrimination in practice despite the existence of a legislative framework aimed at protecting against anti-union discrimination. The Committee requested the Government to continue engaging with the social partners regarding complaints of anti-union discrimination practices in both the private and public sectors. The Committee regrets that no new information has been provided by the Government in this respect and that, rather, the Government once again refers to the existing legislative framework, which, in its opinion, adequately protects against anti-union discrimination. The Committee notes that in its observations, the KESK alleges new cases of transfers and relocations of its members. The Committee notes the Government’s indication that all transfers referred to by the KESK were necessitated by the requirements of the service and that any anti-union discrimination would be in breach of the national legislation. The Government points out that judicial remedies are available to all those concerned. Emphasizing that the guarantees enunciated in the Convention would remain a dead letter if the national legislation is not complied with in practice, the Committee therefore 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.

In addition, the Committee recalls that following up on the recommendations of the June 2013 Committee on the Application of Standards of the International Labour Conference, which requested the Government to establish a system for collecting data on anti-union discrimination in both private and public sectors, it has been requesting the Government to provide information on the measures taken to that end. The Committee notes that the Government reiterates that it is currently not possible to obtain reliable data on the cases of anti-union discrimination and points out the difficulties with carrying out data collection, which include the length of judicial processes and the need to make considerable arrangements in the records and databases of various institutions. While being fully cognisant of the difficulties referred to above, the Committee once again underlines the importance of statistical information for the Government to fulfil its obligation to prevent, monitor and sanction acts of anti-union discrimination. The Committee stresses the need to take concrete steps towards establishing the system for collecting such information and expects the Government to provide in its next report information on all measures taken to that end.

Article 4. Promotion of collective bargaining. Cross-sector bargaining. In its previous comments, the Committee had noted that while cross-sector bargaining resulting in “public collective labour agreement framework protocols” was possible in the public sector, this was not the case in the private sector. It noted in this respect that pursuant to section 34 of Act No. 6356, collective work agreement may cover one or more than one workplace in the same branch of activity, thereby making cross-sector bargaining in the private sector impossible. The Committee had requested the Government to consider, in consultation with the social partners, the amendment of section 34 of Act No. 6356 to ensure that it did not restrict the possibility of the parties in the private sector to engage in cross-sector regional or national agreements should they so desire. The Committee notes that the Government reiterates that Act No. 6356 was drafted taking into account the views of the social partners and that it does not restrict collective bargaining to the level of workplace or one employer. The Government indicates in this respect that any change to the current arrangements can only result from the joint will of and demands from the social partners. The Committee notes the TİSK indication that collective agreements can cover a large number of work places at local, regional and national levels at the same branches and that in the TİSK opinion, the current regulation is appropriate and strengthens the industrial peace.

While taking note of these explanations, the Committee once again recalls that in accordance with Article 4 of the Convention, collective bargaining should remain possible at all levels and that the legislation should not impose restrictions in this regard. The Committee recognizes that while the search for a consensus with regard to collective bargaining is important, it cannot constitute an obstacle to the Government's obligation to bring the law and practice into conformity with the Convention. The Committee therefore 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. It requests the Government to provide information on the steps taken in this regard.

Requirements for becoming a bargaining agent. The Committee recalls that in its previous comments, it had noted that section 41(1) of Act No. 6356 set out the following requirement for becoming a collective bargaining agent: the union should represent at least 1 per cent of the workers engaged in a given branch of activities and more than 50 per cent of workers employed in the workplace and 40 per cent of workers of the enterprise to be covered by the collective agreement. Furthermore, the Committee recalls that legal exemptions from the branch threshold requirement were granted until 12 June 2020 to the previously authorized trade unions to prevent the loss of their authorization for collective bargaining purposes. Noting that the provisional exemption has expired on 12 June 2020, the Committee had requested the Government to indicate if further extension had been decided and if not, to provide information on the impact of the non-extension on the capacity of previously authorized organizations to bargain collectively and to indicate the status of the collective agreements concluded by them. It also requested the Government to continue monitoring the impact of the perpetuation of the branch 1 per cent threshold requirement on the trade union movement and the national collective bargaining machinery as a whole in full consultation with the social partners and to provide information in this regard.

The Committee notes the Government’s indication that among the unions benefiting from the exemption until mid-2020, only one union exceeded the threshold. The Government points out, however, that workers were not left without a union when the exemption was not extended as there is more than one union in every branch of activity with a membership that exceeds the thresholds and that it is possible for workers to become members of these trade unions in the branch they work in. The Committee notes the statistical information on the number of collective agreements to which unions which were under the exemption are parties. The Committee notes that the TİSK considers that granting unauthorized unions the right to collective bargaining will impair Turkish industrial relations system and will disrupt the competitiveness and existing industrial peace. Recalling the concerns that had been expressed by several workers’ organizations in relation to the perpetuation of the double threshold, the Government requests the Government to continue monitoring the impact of the branch 1 per cent threshold requirement on the trade union movement and the national collective bargaining machinery as a whole in full consultation with the social partners and to provide information in this regard.

With regard to the workplace and enterprise representativeness thresholds, the Committee had noted section 42(3) of Act No. 6356, which provided that if it was determined that there exists no trade union which meets the conditions for authorization to bargain collectively, such information was notified to the party which made the application for the determination of competence. It had further noted section 45(1), which stipulated that an agreement concluded without an authorization document was null and void. While noting the “one agreement for one workplace or business” principle adopted by the Turkish legislation, the Committee had recalled that under a system of designation of an exclusive bargaining agent, if no union represents 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 highlighted that by allowing for the joint bargaining of minority unions, the law could adopt an approach more favourable to the development of collective bargaining without compromising the “one agreement for one workplace or business” principle. The Committee had requested the Government to take the necessary measures 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 notes that the Government reiterates that it would consider the proposal for the amendment to the legislation if put forward by the social partners and if such a proposal represented a broad agreement. Recalling once again that while the search for a consensus with regard to collective bargaining is important, it 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 and to provide information on all measures taken or envisaged in this regard.

Articles 4 and 6. Collective bargaining rights of public servants not engaged in the administration of the State. Material scope of collective bargaining. The Committee had previously noted that section 28 of Act No. 4688, as amended in 2012, restricted the scope of collective agreements to “social and financial rights” only, thereby excluding issues such as working time, promotion and career as well as disciplinary sanctions. The Committee notes that the Government’s indication that issues that concern public servants in general, but which are not covered by the collective agreements, are placed on the agenda of the Public Personnel Advisory Board. The Committee is therefore bound to once again recall that while the Convention is compatible with systems requiring competent authorities’ approval of certain labour conditions or financial clauses of collective agreements concerning the public sector, public servants who are not engaged in the administration of the State should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment and that measures taken unilaterally by the authorities to restrict the scope of negotiable issues are often incompatible with the Convention. Bearing in mind the compatibility with the Convention of the special bargaining modalities in the public sector as mentioned above, the Committee again requests the Government to take the necessary measures 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.

Collective bargaining in the public sector. Participation of most representative branch unions. In its previous comment, the Committee had noted that pursuant to section 29 of Act No. 4688, the Public Employers’ Delegation (PED) and Public Servants’ Unions Delegation (PSUD) are parties to the collective agreements concluded in the public service. In this respect, the proposals for the general section of the collective agreement were prepared by the confederation members of PSUD and the proposals for collective agreements in each service branch were made by the relevant branch trade union representative member of PSUD. The Committee had also noted the observation of the Turkish Confederation of Public Workers Associations (Türkiye KAMU-SEN) indicating that many of the proposals of authorized unions in the branch were accepted as proposals relating to the general section of the agreement meaning that they should be presented by a confederation pursuant to the provisions of section 29 and that this mechanism deprived the branch unions of the capacity to directly exercise their right to make proposals. Having noted that although the most representative unions in the branch were represented in PSUD and took part in bargaining within branch-specific technical committees, their role within PSUD was restricted in that they were not entitled to make proposals for collective agreements, in particular where their demands were qualified as general or related to more than one service branch, the Committee had requested the Government to ensure that these unions can make general proposals. While noting the Government’s detailed explanation regarding the PSUD membership, 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 requests the Government to indicate all developments in in this respect.

Public Employee Arbitration Board. In its previous comment, the Committee had noted that pursuant to sections 29, 33 and 34 of Act No. 4688, in case of failure of negotiations in the public sector, the chair of PED (the Minister of Labour) on behalf of public administration and the chair of PSUD on behalf of public employees, can apply to the Public Employee Arbitration Board. The Board decisions were final and had the same effect and force as the collective agreement. The Committee had noted that 7 of the 11 members of the Board including the chair were designated by the President of the Republic and considered that this selection process could create doubts as to the independence and impartiality of the Board. The Committee had therefore requested the Government to take the necessary measures for restructuring the membership of the Public Employee Arbitration Board or the method of appointment of its members so as to more clearly show its independence and impartiality and to win the confidence of the parties. The Committee notes that the Government limits itself to referring to section 34 of Act No. 4688, which determines the composition and working procedures of the Board. The Committee therefore once again requests the Government to consider reviewing, in consultation with the social partners, the method of appointment of the Board members so as to more clearly show its independence and impartiality and to win the confidence of the parties.

The Committee recalls that the Government can avail itself of the technical assistance of the ILO with regard to the issues raised above.

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Convention No. 155 received on 1 September 2021 and the response of the Government received on 19 November 2021.

Article 4(2)(c) of Convention No. 187, Article 9 of Convention No. 155, Article 15 of Convention No. 115, Article 15 of Convention No. 119, Article 35 of Convention No. 167, and Article 16 of Convention No. 176. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee notes that in reply to its previous comment regarding the reasons for the decrease in the number of OSH inspections in 2019, the Government indicates that, during that year, in addition to the regular inspection duties, the Directorate for Guidance and Inspection was engaged in the preparation of a study for the development of 32 sectoral labour inspection guides on OSH covering mining and construction as well as metal and chemical industries. The Government adds that in 2020, the tasks of the labour inspectors were adapted in order to respond to the COVID-19 pandemic, which had an impact on the number of OSH inspections carried out. The Committee also notes that, in reply to its previous request, the Government provides detailed information on the number of OSH inspections carried out, the suspension or partial suspension of work requested and administrative fines issued in relation to the construction and mining sectors for the period 2015 until May 2021. The Committee further notes that the Government report does not contain information regarding OSH inspections on the safe use of machinery and on the inspection activities with regard to employers’ obligations concerning protection from ionizing radiation. Noting that the decrease in the number of OSH inspections in 2019 and 2020 was due to specific contingencies, the Committee trusts that the Government will take the necessary measures to ensure that the enforcement of laws and regulations concerning occupational safety and health and the working environment is secured by an adequate and appropriate system of inspection. The Committee requests the Government to continue to provide information on the number of OSH inspections undertaken, disaggregated by controls carried out in the mining and construction sectors and with regard to the safe use of machinery, as well as statistical information on the inspection activities concerning employers’ obligations to ensure protection from ionizing radiation. It also requests the Government to provide information on the number of violations detected, the number and nature of penalties imposed and the orders to suspend operations issued.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanisms for the notification, collection and analysis of data on occupational injuries and diseases. The Committee notes that in reply to its previous request, the Government indicates that electronic notifications of occupational accident and diseases have been integrated through the web service of the Social Security Institution (SSI). In addition, the Government indicates that data collected from the field through the OSH software registered by the Ministry of Labour and Social Security and the data gathered by the SSI are used to carry out studies on prevention of work accidents and occupational diseases, and to produce estimates to develop early warning mechanisms. The Committee also notes that according to the Government, in 2019 the most common occupational diseases are those affecting the respiratory system, in particular pneumoconiosis. The Committee notes that the Government report does not contain information on the reporting of occupational diseases for public servants. The Committee requests the Government to continue to provide information on the functioning of the mechanism for the notification, collection and analysis of data concerning occupational injuries and diseases, including information on the system applicable to public servants.

Article 2 of Convention No. 155 and Article 3 of Convention No. 161. Scope of application. Progressive development of occupational health services for all workers and all branches of economic activity. The Committee previously requested the Government to provide information on progress made towards the application of sections 6 and 7 of the OSH Act (on occupational health and safety services, i.e. the assignment of occupational specialists, occupational physicians and other health staff) to public sector workers and to workplaces with less than 50 workers. The Committee notes the Government’s information that the obligation to appoint an OSH professional in public institutions, excluding those employing more than 50 workers, and in less hazardous workplaces with less than 50 employees, will enter into force on 31 December 2023. In its observation, KESK notes that the application of sections 6 and 7 was supposed to enter into force in July 2023. In its reply to KESK observations, the Government indicates that the decision of postponement was taken following a letter received from national institutions and organizations where they pointed at financial difficulties caused by COVID-19, which hindered the possibility to provide occupational health and safety services within the workplaces or through outsourcing. According to the Government, the pandemic also caused a shortage of specialists and physicians in occupational health due to the disruption of training and the difficulties to perform the relevant exams. The Committee requests the Government to indicate which public institutions and workplaces (based on the number of employees and the level of hazard) will be covered by the provisions of sections 6 and 7 of the OSH Act starting from 31 December 2023. It also requests the Government to indicate whether the decision to further delay the application of those sections of the OSH Act has been taken in consultation with the most representative organisations of employers and workers.

1. Occupational Health Services Convention, 1985 (No. 161)

Article 9. Multidisciplinary nature of occupational health services. In reply to its previous comment regarding the specific criteria regarding the composition of occupational health services so as to ensure the availability of experts from different disciplines, the Government refers to the provisions of the OSH Act that provide for the establishment of occupational health services in the workplace, and to the 2015 Regulations on occupational safety and health services organized by employers or their representatives. The Government also refers to workplace health and safety units (İSGB), foreseen in section 3(1)(i) of the OSH Act, which are established to carry out occupational health and safety services in the workplace. The Government indicates that the İSGB has at least one occupational physician and at least one occupational safety specialist who has a certificate suitable for the hazard class of the workplace. The Government also indicates that joint health and safety units (OSGB) are defined in section 3(1)(m) of the OSH Act as units having the necessary equipment and personnel and being authorized by the Ministry of Labour and Social Security, which are established by public institutions and organizations, organized industrial zones or companies operating in accordance with the Turkish Commercial Code, in order to provide occupational health and safety services to workplaces. The Government indicates that these joint units employ at least one occupational doctor, one occupational safety specialist and other health staff working with a full-time employment contract. While noting this information, the Committee requests the Government to indicate how it ensures the availability of a variety of experience within the İSGB and the OSGB (such as experts in occupational medicine, ergonomics, etc.).

Article 11. Qualifications required for occupational health service personnel. The Committee notes that in reply to its previous request, the Government provides indications regarding the general requirements for, and qualifications of occupational physicians and other health personnel such as nurses, health officers, emergency medical technicians and environmental health technicians. The Committee also notes that, according to the Government the entry into force of section 8 (occupational physicians and occupational safety specialists) of the OSH Act, for public institutions and workplaces with less than 50 workers, has been further postponed to 31 December 2023. The Committee requests the Government to indicate whether specific qualifications have been established for personnel providing health services in accordance with the nature of the duties to be performed (for instance in connection to the risks related to specific sectors of activities). It also requests the Government to keep providing information concerning the entry into force of section 8 of the OSH Act for public institutions and workplaces with less than 50 workers.

2. Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 6(2) of the Convention. Dose limits in occupational exposure. Legislation. The Committee notes the adoption of the Regulation on Management of Radiation Emergencies No. 31159, published in the Official Gazette dated 18 June 2020. The Committee recalls that the Convention, pursuant to Article 2, applies to all activities involving exposure of workers to ionizing radiations, including emergency workers. The Committee also refers to paragraphs 17-24 of its general observation of 2015, which set out limitation of occupational exposure during an emergency and the recovery period. The Committee requests the Government to indicate the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye for emergency workers. It also requests the Government to provide information on the adoption of the revised Regulations on Radiation Protection.

3. Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that, in reply to its previous request, the Government indicates that, as a result of inspection activities carried out during the period from June 2016 to May 2021, 67 workplaces were found to be in breach of legislation concerning the transport of a load likely to jeopardize the health and safety of the workers. The Government indicates that administrative fines amounting 241,847 Turkish Liras (approx. 24,956 USD) were imposed. The Committee requests the Government to continue to provide information on the inspections carried out in this respect, on the shortcomings detected and remedial measures taken, if any.

4. Safety and Health in Construction Convention, 1988 (No. 167)

Article 6 of the Convention. Cooperation at construction sites. The Committee notes that in its previous comment it requested the Government to provide information on the arrangements for cooperation between employers and workers to promote safety and health at temporary construction sites, and on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice, specifying for example, the instances and frequency of consultations, the number of participants at the consultations (per centage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account. The Committee notes that the Government refers to section 4 of the Regulation on occupational health and safety committees, which provides that the employer shall set up an occupational health and safety committee in enterprises where a minimum of fifty employees are employed and permanent work is performed for more than six months. The Government also refers to the Regulation on occupational health and safety in temporary or fixed-term work, which provides for the OSH protection of employees with temporary or fixed-term labour contracts. The Committee requests the Government to provide further information on the arrangements for cooperation between employers and workers to promote safety and health at construction sites that employ less than fifty workers and that are set up for a period of less than six months. It also requests once again the Government to indicate how consultations are conducted in practice, specifying for example the instances and frequency of consultations, the number of participants at the consultations (percentage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account.

Article 12(2). Duty of employers to stop operations in situations of imminent danger. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the obligation of employers to take immediate steps to stop operations where there is an imminent danger to the safety of workers is not limited to situations where the danger is serious or unavoidable. The Committee notes that the Government reiterates the reference to section 12 of the OSH Act, which provides that in the event of serious, imminent and unavoidable danger, the employer shall take action and give instructions to enable workers to stop work and/or immediately leave the workplace and proceed to a place of safety. The Committee notes that the Government also refers to section 5 of the OSH Act, which provides that the employer shall fulfil its responsibilities on the basis of the principle to avoid risks. The Committee recalls that Article 12 (2) provides that in case of imminent danger to the safety of workers the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. Therefore, the Committee requests the Government once again to adopt the necessary measures in order to give full effect to this Article of the Convention.

Article 18. Work at heights. The Committee previously requested the Government to indicate the measures taken to protect against the fall of workers, tools or other objects or materials, including the progress achieved with respect to revised performance indicators in the 2019-23 action plan once it is adopted, specifically as concerns the rate of occupational accidents resulting from a fall from heights. The Committee notes the Government’s indication that the drafting of the national occupational health and safety policy and action plan 2019 – 2023 will continue once the arrangements of structural changes related to the national OSH Council are finalized. The Government also indicates that the proportion of fatal occupational accidents in the construction sector caused by falls from heights decreased from 37.05 per cent in 2018 to 21.20 per cent in 2019. The Committee notes that according to the statistics provided by the Government, the number of occupational accidents in the construction sector had an increasing trend between 2015 and 2018 and then decreased in 2019. The Committee requests the Government to take the necessary measures to ensure that the national occupational health and safety policy and action plan 2019 – 2023 include OSH preventive measures against the fall of workers and tools or other objects or materials. It also request the Government to continue to provide data on occupational accidents and fatalities in the construction sector, particularly those resulting from a fall from height.

Article 21(2). Work in compressed air. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to ensure that work in compressed air is only carried out by workers whose physical aptitude for such work has been established by a medical examination, and when a competent person is present to supervise the conduct of the operations. In its reply, the Government refers to section 15 of the OSH Act, which provides that the employer shall ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, taking into account the type of workers, the nature of work and the hazard class of the enterprise. The Government also indicates that Annex 2 of the Regulation on occupational health and safety in construction works, which provides the list of jobs with occupational health and safety risk, includes works done in pneumatic caisson. In accordance with section 10(1)(b) of the mentioned Regulation, if the works specified in Annex 2 are carried out in the construction area, special measures regarding these works should also be included in the health and safety plan. Moreover, the Government refers to section 78 of Chapter II of the Annex 4 of the aforementioned Regulation, which provides that the construction, installation, replacement or dismantling of cofferdams and caissons shall be carried out under the supervision of a competent person appointed by the employer. The Committee notes that the provisions indicated by the Government meet the requirement of Article 21(2) with regard to the need to ensure that work in compressed air is carried out only by workers whose physical aptitude for such work has been established by a medical examination. The Committee requests the Government to indicate the measures adopted to ensure that works in compressed air, other than those carried out for the construction, installation, replacement or dismantling of cofferdams and caissons, are carried out only under the supervision of a competent person.

5. Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(2)(c) and (d) and 10(e) of the Convention. Procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, and compilation and publication of statistics. Employers’ obligations to report dangerous occurrences. The Committee notes that in reply to its previous request, the Government reiterates the reference to section 14 of the OSH Act. The Committee notes that this provision foresees that the employer shall investigate and draw up reports on incidents that might potentially harm the workers, work place or work equipment or have damaged the work place or equipment despite not resulting in injury or death. However, the Committee notes once again that this provision does not provide for an obligation of the employers to report to the competent authorities dangerous occurrences. The Committee also notes that the statistics provided by the Government contain information regarding the occupational accidents and diseases in the mining sector, but do not provide information on the number of dangerous occurrences in this sector. The Committee requests the Government to take the necessary measures to ensure that the procedure for the notification of dangerous occurrences in mining is established in national laws or regulations. The Committee also requests the Government to continue to provide information on the measures taken to compile and publish statistics on dangerous occurrences in the mining sector as required by Article 5(2)(d).

Article 7(a). Design of mines. The Committee previously noted that section 5 of the Regulations on occupational health and safety in mining provides that the employer has the obligation to take the necessary measures to ensure the safety and health of workers, including by ensuring that workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and health. The Committee notes that, in reply to its previous request on the practical application of section 5(1) of the Regulations, the Government refers to the procedure for the review and evaluation of health surveillance records at workplaces operating in the mining sector, in particular with regards to pneumoconiosis. The Government also refers to the statistics provided with regard to inspections, occupational accidents and diseases in the mining sector. The Committee requests the Government to continue to provide information on the practical application of section 5(1) of the Regulations on Occupational Health and Safety in Mining, in particular the number of inspections conducted, any violations detected and subsequent penalties applied.

Article 7(i). Obligation to stop operations and evacuate workers. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to give full effect to Article 7(i) of the Convention by ensuring that employers are required to stop operations and evacuate workers in all situations where there is a serious danger to the safety and health of workers. The Committee notes that the Government once again refers to the provisions of section 12 of the OSH Act. The Committee is bound to recall that Article 7(i) of the Convention requires employers to ensure that when there is a serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location. It also emphasized, that, unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee also notes the Government’s indication that safety rules concerning all kinds of risks are included in secondary legislation adopted by virtue of section 5 of the OSH Act, which contains principles for protection from risks. The Committee requests the Government to indicate the provisions of secondary legislation that give full effect to Article 7(i) of the Convention by ensuring that employers are required to stop operations and evacuate workers in all situations where there is a serious danger to the safety and health of workers.

Article 12. Two or more employers undertaking activities at the same mine. The Committee previously requested the Government to provide information on the implementation of section 5(1)(4) of the Regulations on occupational health and safety in mining concerning the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations, including any violations detected in the course of inspections and subsequent penalties applied. In its reply, the Government refers to the information concerning inspections, occupational accidents and diseases in the mining sector. The Committee notes that these statistics do not contain information with regard to the violations detected in relation to the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations and subsequent penalties applied. The Committee requests the Government to provide information on the implementation in practice of the obligation foreseen in section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining, in particular the violations detected during inspections and the penalties applied.

Article 13(2)(f). Right of workers’ safety and health representatives to receive notice of accidents and dangerous occurrences. The Committee notes that in reply to its previous request concerning the measures taken or envisaged to guarantee the right of workers’ representatives to receive notice of accidents and dangerous occurrences, the Government refers to section 16 of the OSH Act. This section provides that employers shall ensure that support staff and workers' representatives shall have access to the risk assessment, protective and preventive measures related to safety and health at work, information contained in measurements, analysis, technical controls, records, reports and inspections. The Government also refers to Regulation on occupational health and safety risk assessment, which indicates that workers’ representative are part of the team that conducts the risk assessment in the workplace. While noting the information provided by the Government, the Committee recalls that Article 13(2)(f) provides that workers’ safety representatives shall have the right to receive notice of accidents and dangerous occurrences. Therefore, the Committee requests the Government once again to provide information on the measures taken or envisaged to give full application to Article 13(2)(f) of the Convention.

The Committee had previously noted the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), transmitted with the Government’s report in 2017, regretting that, despite the comprehensive legislation in this area, the transport sector ranked first in the statistics on fatal occupational accidents and calling for analysis to determine whether the legal framework and practice are consistent with the Convention. The Committee notes the Government’s reply, indicating that the General Directorate of Occupational Health and Safety of the Ministry of Labour and Social Security held a symposium in Istanbul in April 2018 with the participation of maritime sector managers and employees, as well as representatives of various associations and foundations, to evaluate the overall occupational health and safety conditions in ports and shipyards and to reflect on ways to reduce fatal occupational accidents in the port sector. Moreover, the Government informs that the Vocational Qualifications Authority (VQA) has established a mandatory vocational qualification certificate for nine occupations in the port sector. This certificate ensures that the workers recognize the risks related to occupational safety and health, know the precautions and take environmental safety measures at the worksites, and know the types of characteristics of dangerous goods and the emergency actions to be taken in case of work accidents. In this regard, the Committee notes with concern the statistical data in the Government’s report indicating that the number of occupational accidents and diseases reported in the port sector from 2017 to 2019, for workers registered in the Social Security Institution, stand at 16.079 cases of occupational accidents, 121 occupational diseases, and 18 fatalities. While acknowledging the development of the vocational qualification certificate focused on workers’ recognition of risks, the Committee expects that the Government will take further steps, in consultation with the social partners concerned in the sector, to develop additional risk prevention measures applicable to the enterprise level in order to reduce meaningfully the number of occupational accidents and diseases in dock work, and requests it to provide full information in this regard.

Article 13(4), read together with Article 3. Persons authorized to remove guards and safety devices. Pursuant to its previous request and in the absence of information in this regard, the Committee is bound to recall that Article 13 of the Convention relates to the designation of responsible persons authorized to handle dangerous parts of machinery for the purpose of cleaning, maintenance or repair work, and that paragraph 4 thereof provides that only an authorized person shall be permitted to: (i) remove any guard where this is necessary for the purpose of the work being carried out (a); and (ii) remove a safety device or make it inoperative for the purpose of cleaning, adjustment or repair (b). The Committee once again requests the Government to provide information on the regulatory provisions governing the designation of the person authorized for the purposes provided for under Article 13(4) of the Convention.

Articles 22 to 25, read together with Article 3. Testing and inspection of lifting appliances and loose gear and recording of information relating thereto. Definitions of lifting appliances and loose gear. The Committee has been requesting for some years the Government to specify the national legislation or other texts defining lifting appliances and loose gear, since the distinction between these two categories of equipment is legally relevant, including concerning the application of the requirements for the testing, examination and inspection of such equipment, as defined in Articles 22–25. The Committee notes that the Government refers once again to Section 7 of the Regulation on Health and Safety Conditions in the Use of Work Equipment (as revised in 2017) and now to the Communiqué on the Registration and Training of Persons Authorized to Perform Periodic controls of work equipment of 1 October 2017, as the instruments giving effect to these Articles of the Convention. The Committee notes that, while the Government’s report contains no information on the national legislation defining lifting appliances and loose gear, it indicates that periodic controls of lifting and conveying equipment are generally carried out at least once a year by mechanical engineers, technical teachers on machinery or metal, mechanical technicians or high technicians. Following the periodic control, a report is prepared by the expert person or institution authorized to carry out periodic controls, containing, among other information, the frequency of the inspection, the technical specifications of the equipment, and the results of the tests performed during the periodic control. In addition, the Government informs that a new Draft Regulation amending the Health and Safety Conditions in the Use of Work Equipment was sent in November 2020 to the relevant stakeholders for their opinions and suggestions. According to the Government, the Draft aims to reduce occupational accidents and envisages various regulations for the standardization and implementation of periodic checks and reports of work equipment. The Committee is bound to request once again the Government to specify the legal provisions or other texts defining lifting appliances and other loose gear in ports. The Committee requests the Government to provide copy of the new Draft Regulation on Health and Safety Conditions in the Use of Work Equipment, once adopted (if possible, in one of the official languages of the International Labour Office (ILO)), and to specify any new provision relating to the determination of the conditions for testing, examination and periodic inspection of port facilities, thus giving effect to Articles 22–25 of the Convention. Furthermore, the Committee requests the Government to provide specimen minutes, records and certificates drawn up following the periodic control of lifting appliances and other loose gear.

Articles 18, 20, 21 and 26–31. Pursuant to its previous requests and in the absence of information in the Government’s report, the Committee is bound to request once again the Government to indicate any measures adopted concerning: regulations on hatch covers (Article 18); the safety of workers in holds and ‘tween decks (Article 20); the conditions for the use of lifting appliances, loose gear and slings or lifting devices forming an integral part of a load (Article 21); mutual recognition of arrangements made by Members with regard to the testing and examination of lifting appliances and loose gear (Article 26); marking of the safe working load of lifting appliances and loose gear (Article 27); carriage of rigging plans (Article 28); palettes and other devices for containing or supporting loads (Article 29); raising and lowering of loads (Article 30); and operation and layout of freight container terminals and organization of work in such terminals (Article 31).

Part V of the report form. Application in practice. The Committee notes the Government’s indication that the Inspection Board of the Ministry of Labour and Social Security conducted 16 port work inspections, covering 4.037 workers during the period of June 2017 to May 2021 and that, as a result of these inspections, administrative fines amounting to 7.799 Turkish Liras (742 US Dollars) were imposed for two workplaces. The Committee requests the Government to continue providing statistics on the number of occupational accidents and diseases reported, the number of port workers covered by the legislation, as well as the number and nature of violations reported and the measures taken in that regard. The Committee firmly hopes that the Government will be in a position to report on the concrete impact of measures taken, including those implementing the new Health and Safety regulation in the Use of Work Equipment, once adopted, on the meaningful reduction of occupational accidents and diseases in dock work.

Legislation. The Committee reiterates its request to the Government to provide copies of the following documents, which it mentioned in successive reports, in one of the official languages of the ILO, if possible: (i) document No. 5196 on the Occupational Safety and Health Act (No. 6331 of 20 June 2012); and (ii) the Directive on Occupational Health and Safety.

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Convention No. 155, received on 1 September 2021, and the response of the Government received on 19 November 2021. The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK) on Conventions Nos 115, 119, 127, 155, 161, 167, 176, 187, received on 8 September 2021.

COVID-19 measures. The Committee notes that, in reply to its previous request, the Government indicates in its report that an advisory board, consisting of 14 experts of public health, carried out studies regarding COVID-19 in workplaces. Accordingly, 36 guides and documents related to 24 different subject areas were prepared by taking into account the opinions of the scientific advisory board. The Government also enumerates the activities conducted by the Ministry of Family, Labour and Social Services to prepare informative and guidance material on OSH, and to raise awareness of the OSH system in various sectors of the economy. The Committee notes that, according to the Government, upon notifications and complaints related to COVID-19, a total of 4,630 workplaces were examined by the Directorate of Guidance and Inspection in 2020 and 2021. In addition, between January and April 2021, the Directorate conducted 2,773 scheduled and 723 unscheduled OSH inspections. The Committee takes note of this information, which addresses its previous request.

Articles 2, 3, 4(3)(a) and 5 of Convention No. 187, Articles 4, 7 and 8 of Convention No. 155, Article 1 of Convention No. 115, Article 16 of Convention No. 119, Article 8 of Convention No. 127, Articles 2 and 4 of Convention No. 161, Article 3 of Convention No. 167 and Article 3 of Convention No. 176. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers and the national tripartite advisory body. National OSH policy and programme. In its previous comment, the Committee requested the Government to provide information on the review of its National OSH Policy and Action Plan for the period 2014–18, on the formulation and adoption of a new OSH policy and on the consultations held with the most representative organizations of employers and workers in this respect. The Committee notes that, in reply to its previous comments, the Government provides information on the actions undertaken within the annual performance indicators in each of the seven objectives set out in the National Action Plan 2014–18. The Committee also notes the Government’s indication that, following the amendment of section 21 of the Occupational Health and Safety Law No. 6331 (OSH Act), adopted by Decree-Law No. 703 of 2018, the National Occupational Health and Safety Council has been removed from the text of the OSH Act and references to the “National Occupational Health and Safety Council” in this law were replaced with a “Board or Authority under the Presidency”. In its observations, KESK reiterates that there were no meetings of the Council since 2018. The Government indicates, in its report and in its response to the KESK observations, that the National Occupational Health and Safety Board will be steered by the Social Policies Council of the Presidency and that regular meetings and consultations with the Presidency of the Republic of Turkey are ongoing in connection with the establishment of the chairmanship of the Board. The Committee notes with concern that the Board is not yet established and that the Government does not provide information concerning its composition and mandate regarding OSH. The Committee further notes that the Government refers to the content of the 11th Development Plan for 2019–23 and the target to increase the quality and efficiency of the services carried out in the field of OSH. The Committee also notes that, according to TISK, the Development Plan provides for the implementation of a series of measures in the field of OSH, such as training and seminars, studies on the compliance of work equipment with OSH standards, and the development of occupational standards and qualifications. However, the Committee notes that the Government does not provide information on the revision of the National OSH Policy and Action plan for 2014–18 and on progress made in the adoption of the new policy and programme. The Committee requests the Government to provide detailed information on the establishment, mandate and composition of the National OSH Board under the Presidency and in particular, to indicate if it includes representatives of employers’ and workers’ organizations. The Committee requests the Government once again to provide information on the review of its National OSH Policy and Action Plan for the period 2014–18, including the evaluation of progress made with the performance indicators. The Committee also requests the Government to provide information on the formulation and adoption of a new OSH policy and programme for the subsequent period. It requests the Government once again to provide detailed information on the consultations held with the most representative organizations of employers and workers in this respect.

Articles 2 and 3 of Convention No. 187 and Article 4 of Convention No. 155. Prevention as the aim of the national policy on OSH. The Committee notes the information provided by the Government regarding the prevention activities in the field of OSH, such as training, seminars, projects and publication of brochures and guides, carried out particularly in the construction, mining and agricultural sectors. The Committee also notes the information provided by the Government regarding the plan to establish an occupational accidents research centre that would examine occupational accidents, carry out studies with a preventive focus and ensure that necessary protection measures are adopted in advance. The Committee welcomes the detailed statistics provided by the Government covering the number of occupational accidents, fatal occupational accidents and occupational diseases by sectors, and the distribution of occupational diseases, according to age and gender for the period 2015–19. In addition, the Government provides information on the number of occupational accidents with a breakdown by causes, economic activity and gender for the years 2019 and 2020. The Committee further notes that, according to the figures provided by the Government, the number of occupational accidents in the construction, mining and agricultural sectors had an increasing trend between 2015 and 2018, but then decreased in 2019. The Committee notes that the most common causes of accidents are falls and those related to the use of machineries. In the framework of a national OSH policy and plan, as mentioned above, the Committee requests the Government to continue to provide information on the actions taken and the results achieved in order to promote, in consultation with the most representative organizations of employers and workers, basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at the source; and developing a national preventative safety and health culture that includes information, consultation and training. The Committee also requests the Government to continue to provide detailed information on the number of occupational accidents, including fatal accidents, in all sectors and workplaces. It also requests the Government to provide information regarding occupational diseases, including data disaggregated, by sector, age group, gender and type of occupational disease.

Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176. Right of workers to remove themselves from danger. In its previous comment, the Committee requested the Government to take 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 good reason 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. The Committee notes that the Government reaffirms that section 13(3) of the OSH Act, adopted by Decree-Law No. 703 of 2018, provides that workers are able to leave their place of work without going through the process of authorization foreseen in section 13(1) of the OSH Act, if the danger is serious, imminent and unavoidable. The Committee recalls that Article 13 of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 do not refer to a danger that is “unavoidable” and include situations where the workers have a good reason or a reasonable justification to believe that there is an imminent and serious danger. Therefore, the Committee urges the Government to adopt the necessary measures in order to give full effect to Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176, by ensuring 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.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the TISK’s 2014 observations, according to which Turkey was as destination and transit country for trafficked women, men and children. It noted that section 80 of the Penal Code prohibited trafficking in persons both for the purposes of sexual and labour exploitation. It noted that, in 2015, out of 514 suspects involved in adjudicated cases under section 80 of the Penal Code, 330 were acquitted and that in the first quarter of 2016, out of 148 suspects involved in adjudicated cases, 118 were acquitted. The Committee noted with concern the low number of convictions relating to trafficking in persons, despite the significant number of cases brought to justice. The Committee urged the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties of imprisonment are imposed.

The Government indicates in its report that Turkey is a transit and destination country for the crime of trafficking in persons, especially for the exploitation of women and children. The Government states that the General Command of the Gendarmerie has taken steps to combat trafficking in persons, including: (i) the issuance of detailed application orders for 81 Provincial Commands of the Gendarmerie explaining the changes in the fight against trafficking in persons; (ii) the continuation of the activities of the anti-trafficking groups established by the Command of the Gendarmerie in 33 provinces; (iii) the inclusion, in the curriculum of the Gendarmerie Coast Guard Academy, of training on combating trafficking in persons; and (iv) the launch of an eight-month project on increasing efficiency of anti-trafficking activities of the General Command of the Gendarmerie on 30 October 2018, which included training of staff on combating trafficking in persons. The Government adds in its supplementary information that training on combating trafficking in persons was also provided to 210 staff members of the General Directorate of Security between May 2019 and July 2020.

The Government further indicates that, under section 80 of the Penal Code, 26 cases of trafficking for prostitution were identified in 2017, 61 persons were arrested and 13 were imprisoned; in 2018, 16 cases of trafficking for prostitution were identified, 128 persons were arrested and 35 were imprisoned; and from January to May 2019, seven cases of trafficking for prostitution were identified, 60 persons were arrested and three were imprisoned. The Committee notes the Government’s information but observes that it has not provided any information regarding the penalties applied in these cases. The Committee further notes that the Group of Experts on Action against Trafficking in Human Beings of the Council of Europe (GRETA) noted, in its report adopted on 10 July 2019 concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings in Turkey, the Government’s information that in 2016, 72 cases of trafficking in persons were initiated, 42 persons were convicted, and 266 persons were acquitted; in 2017, 42 cases were initiated, 45 persons were convicted, and 96 persons were acquitted; and in 2018, 82 cases were initiated, 77 persons were convicted, and 305 persons were acquitted (paragraph 222). The Committee also notes the Government’s supplementary information according to which, between October 2019 and March 2020, 19 persons were convicted for trafficking in persons and 102 persons were acquitted. Of the 19 persons convicted, the Committee notes that one person was sentenced to a fine and 18 persons were sentenced to imprisonment and a fine.

The Committee also notes GRETA’s indication that, following the removal from office of some 4,500 judges and prosecutors after July 2016, newly appointed staff had not received sufficient training to efficiently investigate and adjudicate complex criminal cases, including trafficking in persons (paragraph 219). GRETA also indicated that there were practical difficulties in adjudicating trafficking in persons cases and distinguishing between trafficking in persons and certain other offences, such as prostitution (section 227 of the Penal Code) and violation of freedom of work and labour (section 117 of the Penal Code). Representatives of the judiciary indicated that cases initiated as trafficking in persons were sometimes requalified at the stage of court proceedings as other offences, usually prostitution, which are punishable by lesser penalties (paragraph 224). While acknowledging the measures taken by the Government to combat trafficking in persons, the Committee urges it to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against all persons engaged in trafficking in persons both for the purposes of sexual and labour exploitation, and that sufficiently effective and dissuasive penalties are applied in practice. In this regard, it requests the Government to continue to provide information on the practical application of section 80 of the Penal Code, including the number of prosecutions, convictions and the specific penalties imposed, as well as the facts that led to sentences of fines only. Lastly, the Committee requests the Government to pursue its efforts to provide training to law enforcement officers, including judges and prosecutors, to ensure that perpetrators of trafficking in persons are appropriately prosecuted and sanctioned under the offence of trafficking in persons, and to provide information in this regard.

2. Protection and assistance for victims. The Committee previously noted the enactment of the Law on Foreigners and International Protection (No. 6458) 2013, which systematized victim identification procedures. It also noted the adoption of the Regulation on Combating Human Trafficking and Protection of Victims in 2016, setting forth the procedures and principles for the prevention of trafficking in persons and the protection of victims, including the granting of residence permits for foreign victims. The Committee further took note of the Voluntary and Safe Return Programme for victims wishing to leave Turkey, as well as the Victim Support Programmes, which include the provision of shelter homes or safe houses, health services, psychosocial help and legal assistance. The Committee requested the Government to provide information on the practical application of the new above-mentioned Law and Regulation with regard to the identification of victims and the provision of protection and assistance provided to them.

The Government indicates that, between July 2019 and March 2020, the most prevalent countries of origin of victims of trafficking in persons were Uzbekistan, Turkey and Moldova. The Government states that in 2017, 303 persons were identified as victims of trafficking by the Provincial Directorates of Migration Management, and 134 persons in 2018. It adds that in 2019, 215 persons were identified as victims of trafficking, and 79 in the first half of 2020, mainly women. The victims who stayed in Turkey benefited from the Victim Support Programmes (24 out of the 134 victims in 2018, 35 in 2019 and 42 in the first half of 2020), while some victims who preferred to leave the country benefited from the Voluntary and Safe Return Programme (101 victims in 2018, 153 in 2019 and 22 in the first half of 2020). The capacity of shelters for victims of trafficking has increased to 42 places. The opening of a third shelter is under consideration. Each victim admitted to a shelter has an individualized support programme, which has included, in recent years, services such as monthly financial aid, health services, psychological support, vocational training, and access to the labour market, legal assistance and leisure activities.

The Government further indicates that it has established a Department of legal support and victim rights within the General Directorate of Criminal Affairs (Ministry of Justice), which aims to inform all victims of crime, including victims of trafficking, of their rights and the assistance and support services available to them, as well as to support victims in the judicial process and to facilitate their access to justice. In addition, Forensic Support and Victim Services Directorates have been established in several courthouses to provide victims, including victims of trafficking in persons, with legal aid and support services, such as measures to prevent re-trafficking for victims of trafficking, accompanying victims of trafficking during court hearings, and referring victims to relevant institutions for psychological support, if necessary. The Committee also notes the Government’s indication that a guidebook on approaching victims, with a specific headline on victims of trafficking and foreign victims, has been prepared for professionals who provide services to victims of crime, especially law enforcement, health professionals and judicial workers.

The Committee notes the statement in the communication of the TISK that in cooperation with the International Organization for Migration, the urgent helpline 157 was established for potential victims of trafficking in persons, with operators providing services in Russian, Romanian, English and Turkish. The TISK further states that the Coordination Commission on combating human trafficking was established under the Regulation on combating human trafficking and protection of victims, and held its first meeting in 2017 to develop measures on inter-institutional cooperation, awareness activities, and training materials for personnel. The Committee further notes in this regard the Government’s supplementary information that the Coordination Commission on combating human trafficking aims at conducting studies, formulating policies and strategies, developing an action plan and ensuring cooperation to prevent and combat trafficking in persons. The Commission met in 2017, 2018 and 2019, resulting, inter alia, in: (i) the designation of provincial human trafficking liaison officers in 36 provinces; (ii) awareness-raising activities for the general public; and (iii) the training of more than 1,000 professionals from public institutions and non-governmental organizations on combating trafficking in persons in 2019.

The Committee takes notes of GRETA’s indication, in its 2019 report, according to which trafficking in persons for the purpose of sexual exploitation prevails (paragraph 13). GRETA also indicated that the Directorate General of Migration Management, which has been coordinating national action against trafficking in persons since 2013, has a Department of protection of victims of human trafficking (paragraph 26). The Committee notes that GRETA pointed out the limited capacity of specialized shelters for victims of trafficking, as well as the fact that only a few victims remained in Turkey and took part in victim assistance programmes. GRETA was also concerned at the lack of specialized assistance for Turkish victims of trafficking and male victims of trafficking (paragraph 169). While welcoming the efforts of the Government, the Committee requests it to continue to take measures in order to improve the identification of and assistance for victims of trafficking in persons, and to provide information in this regard. It requests the Government to continue to provide information on the measures that have been developed by the Coordination Commission on Combating Human Trafficking to prevent and combat trafficking in persons, as well as to indicate the activities of the Department of Protection of Victims of Human Trafficking of the Directorate General of Migration Management. Lastly, the Committee requests the Government to indicate the number of victims of trafficking in persons identified and provided with protection and assistance, through the various programmes, directorates and departments mentioned above that support victims of trafficking in persons.

Article 2(2)(a). Compulsory military service. The Committee previously requested the Government to repeal section 10 of Act No. 1111 on military service, according to which conscripts in the surplus reserve might be assigned to work for public bodies and institutions.

The Committee notes the observations of the TISK according to which Act No. 7179 on military recruitment is a positive development with regard to bringing the national legislation in line with the Convention.

The Committee notes with satisfaction the entry into force of the Act No. 7179 on military recruitment on 26 June 2019, which replaces Act No. 1111 on military service and does not contain any provision regarding the fulfilment of military service obligations in public institutions and organizations.

The Committee is raising other matters in a request addressed directly to the Government.

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).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) received on 29 September 2020.

Article 2(2)(c) of the Convention. Work of prisoners for private entities. In its previous comments, the Committee noted that, according to section 20 of the Regulation on the administration and bidding of penitentiaries and work centres of detention institutions of 2005, detainees might be asked to work, but should not be obliged to do so. It also noted that, pursuant to this Regulation and the Regulation on administration of penitentiaries and execution of sentences of 2006, conditions of work of the prisoners might be considered as approximating those of a free labour relationship. The Government indicated that the Circular on Implementation of Work Centres No. 137/7 determined the conditions of work of prisoners. It also indicated that the Supreme Council of Prison Workshops ended the work of prisoners in private workplaces outside the prison workshops. A standard protocol is signed by the private enterprises and prison workshops regarding the work of the prisoners within the framework of vocational training and rehabilitation run by private enterprises inside the prison workshops. The Committee requested the Government to take the necessary measures to ensure that formal, freely given and informed consent was required for the work of prisoners within the framework of vocational training and rehabilitation run by private enterprises, with such consent being authenticated by conditions of work approximating those of a free labour relationship.

The Government indicates that, according to the Act on the Execution of Sentences and Security Measures No. 5275 and its corresponding regulations, prisoners, including those working within the framework of vocational training and rehabilitation carried out by private enterprises, are employed with a daily wage determined by the Supreme Council of Prison Work Places. The Government also indicates that they are partially insured, that they receive a dividend at the end of the year, that the subsistence fees received from all convicts after their release are not collected from those working in prison workplaces, and that working hours are determined. In addition, precautionary measures, including training, are taken against occupational accidents. Prisoners and convicted persons who do not work are eligible for internships at their request. The Committee takes due note of the information provided by the Government, but observes once again that the legislation does not appear to require the free, informed and formal consent of prisoners to work for private enterprises. The Committee therefore requests the Government to take the necessary measures without delay to include, in its legislation, provisions requiring prisoners who work for private entities, including in the framework of vocational training and rehabilitation, to give their written, freely given and informed consent to enter into such an employment relationship. It requests the Government to provide information in this regard.

Article 2(2)(d). Powers to call up labour in cases of emergency. In its previous comments, the Committee noted that services required from citizens during a state of emergency, which could be declared under Article 119 of the Constitution in the event of “serious economic crisis”, were exempt from the definition of forced labour. It noted the Government’s indication that, according to section 10(1) of the State of Emergency Act (No. 2935 of 1983), in the event of serious economic crises, the Council of Ministers might issue decrees to determine measures and obligations in relation to labour. However, the Government indicated that this section did not imply compulsory labour. The Committee further noted that section 8(1) of the State of Emergency Act provided that under the state of emergency declared due to a natural disaster or dangerous epidemic disease, all citizens between 18 and 60 years of age, who are resident within the region where the state of emergency is declared, were obliged to perform duties imposed on them. The Committee requested the Government to clarify the implication of “measures and obligations in relation to labour” under section 10(1) of the State of Emergency Act and to provide information on the application of the state of emergency in practice.

The Government indicates that Turkey has not resorted to extraordinary measures for economic reasons. The Committee takes note of the information provided within the framework of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), according to which a state of emergency was declared in Turkey between July 2016 and July 2018 in the aftermath of a coup attempt. It also takes note that, in this context, the International Trade Union Confederation (ITUC) indicated that the Government continues to uphold state of emergency laws. While taking due note of the Government’s information, the Committee requests it to take the necessary measures to amend the legislation in order to remove the possibility of imposing work in situations of “serious economic crisis”, in conformity with Article 2(2)(d) of the Convention. The Committee also requests the Government to indicate whether the power to call up labour has been used during states of emergency declared under Article 119 of the Constitution, for example between July 2016 and July 2018 and, if so, to provide indications of the duration and extent of the services required from citizens.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that the Village Affairs Act No. 442 of 1924 provided for “mandatory works for villagers”, including building and repairing roads and building bridges (section 13 of the Village Affairs Act). The Government indicated that the Village Affairs Act was outdated and that many provisions were not functional. It further indicated that the types of work listed in section 13 of the Village Affairs Act were now carried out by the Special Provincial Administrations and the Central Administration. The Committee therefore requested the Government to amend the Village Affairs Act in order to bring it into conformity with the Convention, and to provide information on the application in practice of section 13 by the Special Provincial Administrations and the Central Administration.

The Government indicates that no amendments have been made to the Village Affairs Act of 1924, and reiterates that a number of its provisions are now obsolete. The Committee therefore expresses the firm hope that the Village Affairs Act of 1924 will be amended, in line with the indicated practice, to ensure that “minor services” can only be performed in the direct interest of the community, and following consultation with the said community. In the meantime, it once again requests the Government to provide information on the work listed in section 13 of the Village Affairs Act which is carried out by the Special Provincial Administrations and the Central Administration.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that section 117(2) of the Penal Code prohibited the employment of homeless, helpless or dependant persons without payment or for substandard wages or to forcibly subject them to inhumane working and living conditions. It noted that, according to the Government’s information, the number of offences recorded decreased from 55 in 2013 to 19 in 2015, and the number of convictions increased. The Committee requested the Government to continue to provide information on the application in practice of section 117(2) of the Penal Code, including the specific penalties applied.

The Government indicates that, under section 117(2) of the Penal Code, seven cases resulted in acquittal in 2017, four cases in 2018, one case in 2019, and one case in the first half of 2020. In addition, the Committee notes the Government’s supplementary information that in the first half of 2020, one conviction was handed down under section 117(2) of the Penal Code. The Government further indicates that, between 2016 and 2019, seven cases of forced labour were registered, and 12 suspects were arrested. Recalling that, pursuant to Article 25 of the Convention, penalties for the illegal exaction of forced or compulsory labour shall be strictly enforced, the Committee requests the Government to take the necessary measures to ensure that the offences of violation of freedom of work and labour under section 117(2) of the Penal Code are adequately punished. It requests the Government to continue to provide information on the practical application of section 117(2) of the Penal Code, including the number of investigations, prosecutions, convictions, acquittals and the specific penalties imposed. It also requests the Government to provide information on the convictions of the seven cases of forced labour registered between 2016 and 2019.

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).

The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK), communicated with the Government’s report and received on 29 September 2020, and the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN), communicated with the Government’s supplementary report.

COVID-19 measures. The Committee notes the Government’s indication in its supplementary report that the number of inspections decreased due to COVID-19, but that the labour inspectorate focused instead on the examination of applications for short-time working allowances (unemployment allowances provided following an application to reduce or suspend the employment period). The Government also indicates that labour inspectors informed employers, workers and OSH professionals about occupational safety and health (OSH) measures to protect against COVID-19 in the workplace. The Committee requests the Government to continue to provide information on developments in this regard.

Articles 3, 5(b), 10 and 16 of the Convention. OSH inspections, including in the mining sector and in relation to subcontracting situations. The Committee previously noted the concerns of several trade unions relating to OSH inspections, including their insufficient coverage, the widespread noncompliance with OSH requirements and the high incidence of occupational accidents and diseases. In this respect, the Committee notes the statistics provided in the Government’s report, including the number of workplaces and workers in the mining sector and in subcontracting situations, of OSH inspections undertaken in such workplaces and of occupational accidents and diseases recorded. The Committee notes that the total number of occupational accidents reported in 2017, 2018, and in the first five months of 2019 remain significant (359,653 in 2017; 430,769 in 2018 and 159,099 in the first five months of 2019) and that the total number of OSH inspections conducted was 10,804 in 2017, 12,649 in 2018 and 3,088 in all of 2019. The Committee also notes the observations of the International Trade Union Confederation (ITUC) on Conventions Nos 155, 167, 176 and 187, which allege that the number of fatal occupational accidents has increased in 2020, as well as the Government’s response that the number of accidents should not be examined in isolation, but should be evaluated over the years, against OSH conditions and the number of employees in the country. The Government indicates that OSH inspections, including in mining, decreased due to COVID-19. With regard to occupational accidents, the Committee refers the Government to its detailed comments adopted in 2020 on the OSH Conventions ratified by Turkey. The Committee requests the Government to indicate the reason for the 75 per cent decrease in the number of OSH inspections in 2019, and to continue to provide statistics on the number of OSH inspections conducted and of occupational accidents and diseases registered in workplaces overall, including the mining sector and workplaces with workers in subcontracting situations. In the absence of information in this regard, the Committee once again requests the Government to provide information about arrangements in place to ensure collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Articles 5(a), 7(3), 17 and 18. Effective enforcement of laws and regulations providing for sufficiently dissuasive penalties. Effective cooperation between the inspection services and the judicial system. The Committee takes due note of the statistics provided by the Government concerning the number of inspections conducted and the sanctions imposed in the period 2016–19. Nevertheless, the Committee notes an absence of information on the compliance strategy pursued to address the issue of effective enforcement of dissuasive sanctions, which had been discussed in 2015 by the Committee on the Application of Standards (CAS) of the International Labour Conference on the application of Convention No. 155. The Government indicates that, despite the increase in fines for non-compliance with the Occupational Health and Safety Law No. 6331, as amended by Act No. 6645 in 2015, the amount of administrative penalties applied per inspection during the period 2016–18 has decreased compared to 2014, and the Committee notes from the statistical information in the Government’s supplementary report that there was a further decrease from 2018 to 2019. The Committee also observes with concern that the total number of fines imposed (3,938 in 2016; 3,485 in 2017; 2,637 in 2018; and 470 in 2019) remains low compared to the number of OSH inspections effectuated in the period 2016–19 (14,287 in 2016; 10,804 in 2017 ;12,649 in 2018; and 3,088 in 2019), and the number of enterprises suspended as a result of OSH inspections has substantially declined (820 in 2016; 726 in 2017; 239 in 2018; and 49 in 2019). With regard to effective cooperation between the labour inspection services and the judiciary, the Committee notes that, according to information provided by the ILO Ankara Office, the training programmes provided to labour inspectors and auditors of the Social Security Institution (SSI) in 2018 and 2019 included a component on judicial processes, with the participation of judges from the Ministry of Justice. The Committee also notes the observations of the TISK regarding the participation in ITC–ILO training courses, in February 2020, of 40 labour inspectors and two judges from the Supreme Court and Turkish Academy of Justice. The Committee requests the Government to provide further information on the impact of the increase in fines introduced in 2015, particularly on compliance with OSH legislation, and to continue to provide statistics on fines and sanctions imposed, as compared to the number of violations detected. It also requests the Government to provide information on the reason for the more recent decrease in the number of fines imposed as well as for the decrease in the number of penalties applied per inspection. The Committee further requests the Government to continue to take the necessary measures to ensure effective cooperation between the inspection services and the judiciary and to provide information in this regard.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. Further to its previous comments, in which it noted a total of 974 labour inspectors, the Committee notes the Government’s indication in its supplementary report that, as of August 2020, there were 939 labour inspectors, and 91 Auditors employed in the Directorate of Guidance and Inspection of the Ministry of Family, Labour and Social Services, with plans to hire 80 new Assistant Labour Inspectors. The Committee also notes the statistics provided by the Government concerning the number of OSH and administrative inspections conducted per year for the period 2010–18. With regard to activities undertaken to combat child labour, the Committee welcomes the Government’s indications regarding training provided on this subject to labour inspectors and to auditors between 2017 and 2019 and the information provided on the workplaces where it was determined that children had been employed. The Committee also notes that, according to the Government’s supplementary report, some activities regarding child labour have been postponed due to the COVID-19 pandemic.

With regard to its request on ensuring that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions, the Committee notes the observations of the TISK, which consider that the number of labour inspectors has not sufficiently increased in the face of a rising number of workers and workplaces. According to the TISK, the determination of priority sectors and enterprises, with different inspection plans according to enterprises’ type and size, would also be necessary to make a more efficient use of resources. The MEMUR-SEN also considers that due to insufficient staff and insufficient amount of equipment, labour inspections cannot be carried out adequately. The Committee requests the Government to provide its comments in this regard. Observing that the number of labour inspectors has remained stable since its previous comments, the Committee also requests the Government to indicate the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, and to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the application of the relevant provisions. In addition, the Committee requests the Government to provide further information on the role of auditors in the labour inspection system, including their functions and powers. With respect to the monitoring of child labour, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee is raising other matters in a request addressed directly to the Government.

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.

Article 2 of the Convention. Right of workers, to establish and join organizations. In its previous comments, the Committee had noted that section 7(d) of the Act on Public Servants’ Trade Unions and Collective Agreement (Act No. 4688), as amended in 2012, requires that trade union statutes provide the place of residence of the founders of an organization to the office of the Governor of the province in order to be incorporated. While noting the Government’s indication that incomplete information does not affect the establishment of the union or the acquisition of legal personality, the Committee urged the Government to provide information on the manner in which this provision is applied and whether this has given rise to any claims or complaints with respect to delays, difficulties in registration, or harassment, and what, if any, steps the Government has taken in this regard. The Committee notes the Government’s indication that trade unions and their confederations do not require prior authorization to be established and acquire legal personality as soon as their statutes are deposited with the Governor. Any missing documents or non-compliance with the laws can be completed or remedied during the period of one month. If not completed or remedied, the Governor applies within one month to the competent court, which grants another two months to the trade union concerned. According to the information obtained from the Government, no difficulties or delays during the registration of trade unions were observed and no complaint or allegation of harassment has been reported. The Committee takes note of this information.

Article 3. Right of workers’ organizations to elect their representatives in full freedom and to organize their activities. In its previous comments, the Committee had noted that the last paragraph of section 10 of Act No. 4688 provides that in the case of non-respect of legal requirements concerning trade union meetings and decisions of general assemblies, the union executives are removed from office by decision of the labour court upon the application made by one of the members or by the Ministry of Labour. It had requested the Government to review this provision in consultation with the social partners and to provide detailed information on any applications for removal from office filed by government officials against union executives. The Committee notes the Government’s indication that this provision is aimed at ensuring democratic functioning of a trade union. Recalling that any removal or suspension of trade union officers which is not the result of an internal decision of the trade union, a vote by the members, or normal judicial proceedings, seriously interferes in the exercise of the trade union office, the Committee reiterates its previous request and requests the Government to provide information on all measures taken or envisaged in this respect.

Right to strike. The Committee once again requests the Government to provide its comments on the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), which the Government sent with its 2015 report, alleging that the preconditions for lawful industrial action, meetings and demonstrations and announcements to the press were constantly being made more stringent and efforts were made to change standard meeting places and itineraries.

The Committee had previously noted that whereas on the one hand, the seventh paragraph of article 54 of the Constitution (prohibiting politically motivated strikes and lockouts, solidarity strikes and lockouts, occupation of work premises, go-slows and other forms of obstruction) had been repealed, on the other hand, section 58 of the Act on Trade Unions and Collective Labour Agreements (Act No. 6356) restricted lawful strikes to disputes during collective bargaining negotiations. The Committee had requested the Government to indicate the manner in which protest action, sympathy strikes and other means of legitimate industrial action were protected. Regretting that the Government provides no particulars on this matter, the Committee reiterates its request, and urges the Government to provide information in this regard.

Determination of minimum service. In its previous comments, the Committee had noted that section 65 of Act No. 6356 granted the authority of determining a minimum service in the event of industrial action unilaterally to the employer and had requested the Government to review this provision with a view to ensure that workers’ organizations were able to participate in the determination of a required minimum service at the workplace, and that failing agreement the matter may be referred to an independent body that has the confidence of the parties. The Committee notes the Government’s indication that there is no legislative provision forbidding or impeding the consultations and prior agreement between the employer and workers’ representatives on the required minimum service before the announcement is made by the employer. The competent trade union has the right to challenge the employer’s decision before the courts. The Government refers to the need to ensure the continuity of work in processes, which have to be maintained for technical reasons, as well as for the reasons of safety, damage prevention and protection of flora and fauna. The Government considers that involving labour unions in this process is tantamount to interfering with the management rights of the employer, which also causes financial and economic responsibility. The Committee once again recalls that workers’ organizations should be able to participate in defining minimum services in the same way as employers and that in order to promote the participation of the union in the determination of such a service in the event of industrial action, it would be important for the Government to clearly provide for such participation in the law, rather than granting this authority unilaterally to the employer. The Committee once again requests the Government to review this provision with a view to ensuring that workers’ organizations are able to participate in the determination of a required minimum service at the workplace, and that failing agreement the matter may be referred to an independent body that has the confidence of the parties. It requests the Government to provide information on the measures taken or envisaged in this regard.

Public sector. In its previous comments, the Committee had noted that public servants in the broad sense of the term were prohibited from taking industrial action, and that the Public Employees Act No. 657 and Act No. 6111 provide disciplinary sanctions for such action. The Committee had noted that according to the Confederation of Public Employees Trade Unions (KESK), the ban on industrial action in the public sector covered a very broad class of workers, whose number amounted to three million. The Committee had requested the Government to review the legislation concerning public service workers with the relevant social partners with a view to its amendment, so as to ensure that the ban on industrial action is limited to public servants exercising authority in the name of the State and those working in essential services. Noting with regret that no information has been provided by the Government, the Committee reiterates its previous request and requests that the Government provide information an all measures taken or envisaged in this respect.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019 (see sections on Civil liberties and Article 2 below).The Committee notes the observations of the Confederation of Public Employees Trade Unions (KESK), received on 31 August 2020, of the International Trade Union Confederation (ITUC), received on 16 September 2020, of Education International (EI), received on 1 October 2020, and the Government’s detailed replies thereon. The Committee further notes the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN), communicated with the Government’s supplementary report.

The Committee had previously noted the observations of the ITUC, received on 1 September 2019 and examined by the Committee below. It had further noted the observations of the KESK and of the Turkish Confederation of Employers’ Associations (TİSK) transmitted by the Government with its report and referring to the issues raised by the Committee below. The Committee further noted the observations of the International Transport Workers’ Federation (ITF), received on 4 September 2019 and referring to the information submitted by the ITUC. The Committee also noted the TİSK observations received on 2 September 2019.

The Committee recalls that it had previously requested the Government to reply to the 2018 observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) alleging that workers employed temporarily via private employment agencies could not enjoy trade union rights, as well as to the allegations of pressure exercised on workers, particularly in the public sector, to join unions designated by the employer. The Committee notes the Government’s indication that in a “triangular employment contract” arrangement (in which the worker is employed by a temporary employment agency and works for a different employer), workers have the right to organize in the branch of activity in which the employment agency operates. The Committee requests the Government to provide further information in this regard, including concrete examples as to how the rights of workers in a triangular employment contract arrangement are exercised in practice. With regard to the allegation of pressure exercised on workers in the public sector, the Government refers to the legislative provisions guaranteeing protection against anti-union discrimination and points out that unions and workers are entitled to administrative and judicial means to contest such actions. It refers, in particular, to the first paragraph of article 118 of the Penal Code, according to which, any person who uses force or threats with the aim of compelling a person to join a trade union or not to join, or to participate in union activities or not to participate, or to resign from a trade union office shall be punished by imprisonment for a term of six months to two years. In addition, according to the Government, in such cases, the legislation provides for compensation equivalent to at least the amount of one year’s wage and, in the case of a dismissal, the possibility of reinstatement. Public sector employers have the responsibility to respect the law in discharging their duties and thus are further liable under the public law.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussion that took place in the Conference Committee in June 2019 concerning the application of the Convention. The Committee observes that the Conference Committee noted with concern the allegations of restrictions placed on workers’ organizations to form, join and function and called on the Government to: (i) take all appropriate measures to guarantee that irrespective of trade union affiliation, the right to freedom of association can be exercised in normal conditions with respect for civil liberties and in a climate free of violence, pressure and threats; (ii) ensure that normal judicial procedure and due process are guaranteed to workers’ and employers’ organizations and their members; (iii) review Act No. 4688, in consultation with the most representative workers’ and employers’ organizations, in order to allow that all workers without any distinction, including public sector workers, have freedom of association in accordance with the Convention in law and practice; (iv) revise Presidential Decree No. 5 to exclude workers’ and employers’ organizations from the scope; and (v) ensure that the dissolution of trade unions follows a judicial decision and that the rights of defence in due process are fully guaranteed through an independent judiciary.

Civil liberties. The Committee recalls that for a number of years it has been commenting upon the situation of civil liberties in Turkey. Noting the Government’s indication that domestic administrative or judicial remedies were available against all acts of the administration, the Committee had requested the Government to indicate whether such remedial channels had been invoked by those affected and with what results. The Committee had also requested the Government to provide information on the measures taken to ensure a climate free from violence, pressure or threats of any kind so that workers and employers could fully and freely exercise their rights under the Convention.

The Committee recalls that in its previous comment it noted the Government’s reiteration that Turkey is a democratic country, upholding the rule of law and that no trade union had ever been closed or their officials suspended or dismissed on grounds of their legitimate activities. The Government indicated that: (i) with the enactment of the Act on Trade Unions and Collective Labour Agreement (Act No. 6356) and substantial amendments to Act No. 4688 on public employees unions in 2013, the rate of unionization has steadily increased, reaching 22 per cent in public and private sectors combined (66.79 per cent public sector; 13.76 per cent private sector). Currently, there are four trade union confederations in the private sector and ten confederations of public servants trade unions. Like all democratic countries, Turkey has a regulatory framework for organizing meetings and demonstrations. When trade union members transgress the law, destroy public and private property and seek to impose their own rules during the meetings and demonstrations, the security forces are obliged to intervene to preserve public order and safety. The Government indicates that marches and demonstrations can be organized with a prior notification, as illustrated by the May Day celebrations, held by all trade unions and confederations in a peaceful manner. The Government further reiterates that fundamental rights and freedoms are protected under the national Constitution. Apart from the right to seek judicial review against acts of the administration, every person may apply to the Constitutional Court against public authorities for violation of constitutional rights and freedoms. The Government further points out that the allegations mostly concern the period during the state of emergency between July 2016 and July 2018 in the aftermath of a coup attempt and that the problems occurred when the requirements of the state of emergency were ignored and disrespected persistently by some trade unions and their members. Although civil servants do not have the right to strike, strike actions were called for by some public servants’ trade unions and their members; and open air meetings and demonstrations were conducted in violation of the provisions of the Act on Meetings and Demonstrations No. 2911. Consequently, the disciplinary procedures may have been applied for civil servants involved in politics.

Regarding the alleged excessive use of force by the security forces, the Government points out that it has taken all the necessary measures to prevent the occurrence of such incidences. It explains that these incidences largely occurred for two reasons: (i) infiltration of illegal terrorist organizations into the marches and demonstrations organized by trade unions; and (ii) the insistence of some trade unions to organize such meetings in areas not allocated for such purposes. The Government informs that the security forces intervened in 2 per cent of cases out of 40,016 actions and activities in 2016; in 0.8 per cent of cases out of 38,976 activities in 2017; and in 0.7 per cent of cases out of 36,925 activities in 2018. According to the supplementary information provided by the Government, the rate of interference by the security forces decreased from 0.8 per cent in 2017 to 0.7 per cent in 2019. The Government further indicates that in 2019, 51,525 demonstrations or activities were conducted involving 32,166,244 people, representing, compared to 2018, an increase of 3.6 per cent in the number of events and an increase by 11.07 per cent in terms of participants. The Government indicated in its 2019 report that the police intervention occurs only in cases of violence and attacks against the security forces and citizens and when the life of citizens is affected unbearably.

The Committee recalls that in its 2019 report, the Government indicated that a Judicial Reform Strategy was launched on 30 May 2019 by the President of the Republic. The main aims of this reform include strengthening of the rule of law, effective protection and promotion of rights and freedoms, strengthening the independence of the judiciary and improving impartiality, increasing the transparency of the system, simplifying judicial processes, facilitating access to justice, strengthening the right of defence and efficiently protecting the right to trial in a reasonable time. The Government indicated that a clear and measurable Action Plan would also be prepared and the Ministry of Justice would issue annual monitoring reports.

While taking note of the above, the Committee noted with concern the observations of the ITUC alleging that since the attempted coup and the severe restrictions on civil liberties imposed by the Government, workers’ freedoms and rights have been further restricted (the ITUC denounces, in particular, police crackdowns on protests and the systematic dismissal of workers attempting to organize). The Committee further noted with concern the allegation of the murder of a president of the rubber and chemical workers’ union Lastik-İş on 13 November 2018 and the sentencing, on 2 November 2018, of 26 trade union members to a suspended five-month imprisonment for “disobeying the law on meetings and demonstrations” after taking part in a protest in March 2016 demanding the recognition of the right to organize at a private company (the ITUC alleged that the protest was violently dispersed by police). The Committee also noted with concern the ITUC allegations of criminal prosecution of the following trade union leaders for their legitimate trade union activities: (i) the General Secretary of the teacher’s union Eğitim Sen was arrested in May 2019 for attending a press meeting and was thus not allowed to attend the ILO Conference; (ii) Kenan Ozturk, the President of the transport workers’ union TÜMTIS, and four other union officials were arrested under Act No. 2911 for visiting, in 2017, the unfairly dismissed workers of a cargo company in the Province of Gaziantep and holding a press conference; while they await criminal trial, another TÜMTIS leader, Nurettin Kilicdogan is still in prison; (iii) Arzu Çerkezoğlu, the President of the Confederation of Progressive Trade Unions of Turkey (DISK) is facing criminal trial for speaking at the public panel organized by Turkey’s opposition party in June 2016; and (iv) in May 2019, the prosecution began proceedings against Tarim Orman-is, the President of the Civil Servants Union of Agriculture, Forestry, Husbandry and Environment for criticising the Government after he publicly defended workers’ right to benefit from the public facilities.

The Committee noted that the ITUC expressed its concern at the seriousness and persistence of violations of freedom of association and the Government’s authoritarian measures to interfere in trade union affairs and impose heavy restrictions on the right to organize. The ITUC alleged that it has become almost impossible for trade unions in Turkey to operate. It stated, in this respect that from 2016, the Government has justified continued violations of civil liberties under the guise of the state of emergency through associated decrees. As a result, about 110,000 public servants and 5,600 academics had been dismissed; about 22,500 workers in private education institutions had had their work permits cancelled; 19 trade unions had been dissolved and about 24,000 workers were undergoing various forms of disciplinary action associated with workers’ protests. More than 11,000 KESK representatives and members were suspended from their jobs or dismissed because of their trade union activities, under the pretext of national security and emergency powers. Furthermore, the ITUC stated that the Government continued to uphold emergency state laws that allow for arbitrary dissolution of trade union organizations. Decree No. 667 adopted in 2016 provides that “trade unions, federations and confederations … found to be in connection, communication or adherence to formations threatening national security or to terrorist organizations are banned upon the suggestion of the commission and approval of the minister concerned”. The ITUC further alleged that the law makes no distinction between a trade union as an organization with an objective public purpose and individual actors and holds all trade union members guilty by association with a closing down of the union. Although the Government had set up an Inquiry Commission to review its actions, including cases of trade union dissolution, the process did not enjoy the trust of victims and trade unions due to the manner in which it was constituted and the results of the processes so far (the ITUC alleged that it is marred by a lack of institutional independence, long waiting periods, an absence of safeguards allowing individuals to rebut allegations and weak evidence cited in decisions to uphold dismissals).

The Committee notes that in its supplementary report, the Government indicates that Mr Kenan Ozturk, the President of the transport workers’ union TÜMTIS, and four other union members arrested in 2017 were acquitted in May 2018 and that another TÜMTIS leader, Mr Nurettin Kilicdogan, was released in February 2020. Regarding the ITUC allegation on the work of the Inquiry Commission, the Government indicates that the Commission began its work on 22 December 2017 and as of 2 October 2020 it has delivered 110,250 decisions (12,680 accepted and 97,570 rejected). According to the Government, 60 of the acceptance decisions are related to the opening of organizations that were shut down (associations, foundations, and television channels). The Government points out that 87 per cent of the applications have been decided within a period of 33 months. The Government further informs that currently, six Ankara Administrative Courts are competent to deal with the annulment cases brought against the decisions of the Inquiry Commission and that the “average completion time” (to finalize an application for annulment) varies, depending on the court, between 191 and 347 days.

The Committee notes with concern the most recent ITUC allegation that in 2019 and 2020, trade union leaders continued to face arrests and prosecution as the Government tried to suppress critical voices. According to the ITUC, while the courts dismissed several cases, the authorities have fallen into a pattern of systematic targeting, arrest and prosecution of trade union leaders. The ITUC refers to the pending case of Umar Karatepe, director of communication of DISK, noting that his house was raided on 5 March 2020; he was arrested and taken to the police headquarters in Istanbul; and charges against him were unspecified but reportedly related to several statements made on his account on social media.

The Committee further notes with concern the MEMUR-SEN allegation of pressure and harassment put on its members, members of Bem-Bir-Sen, its affiliate, and members of Hizmet-Is, affiliated to Hak-Is, following the local elections of 31 March 2019.

While noting the Government’s reply to some of these allegations, the Committee requests the Government to provide its detailed comments on the remaining lengthy and serious allegations of violations of civil liberties and trade union rights. The Committee observes that the issue of dismissal of trade unionists following dissolution of trade unions is being considered by a tripartite committee of the Committee on Freedom of Association established to examine a representation under article 24 of the ILO Constitution alleging non-observance by the Government of Turkey of Convention No. 87. The Committee will proceed with its examination of these matters once the tripartite committee finalizes its work.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee had noted that section 15 of Act No. 4688, as amended in 2012, excludes senior public employees, magistrates and prison guards from the right to organize. The Committee noted the Government’s reiteration that the restrictions under section 15 of the Act are limited to those public services where the disruption of service cannot be compensated, such as security, justice and high level civil servants.

The Committee notes that the MEMUR-SEN points out to the need to ensure freedom of association rights for pensioners, locum workers (teachers, nurses, midwives, etc.) as well as public servants who are not on the payroll and work without a contract of employment. The Committee requests the Government to provide its comments thereon.

Recalling that all workers, without distinction whatsoever, shall have the right to establish and join trade unions of their own choosing and that the only possible exceptions from the application of the Convention in this regard pertain to the armed forces and the police, the Committee encourages the Government to take the necessary measures to review section 15 of Act No. 4688, as amended, with a view to ensuring to all public servants the right to form and join organizations of their own choosing. It requests the Government to provide information on all measures taken or envisaged in this respect.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that in its previous comments it had noted that section 63(1) of Act No. 6356 provides that a lawful strike or lockout that had been called or commenced may be suspended by the Council of Ministers for 60 days by a decree if it is prejudicial to public health or national security and that if an agreement is not reached during the suspension period, the dispute would be submitted to compulsory arbitration. For a number of years, the Committee had been requesting the Government to ensure that section 63 of Act No. 6356 was not applied in a manner so as to infringe on the right of workers’ organizations to organize their activities free from government interference. While observing that in a decision dated 22 October 2014, the Constitutional Court ruled that the prohibition of strikes and lockouts in banking services and municipal transport services under section 62(1) was unconstitutional, the Committee noted that pursuant to a Decree with power of law (KHK) No. 678, the Council of Ministers can postpone strikes in local transportation companies and banking institutions for 60 days. The Committee further noted with concern that in 2017, five strikes were suspended including in the glass sector on the grounds of threat to national security, while in 2015 the Turkish Constitutional Court had found a strike suspension in the same sector unconstitutional. The Committee recalled that the right to strike may be restricted or banned only with regard to public servants exercising authority in the name of the State, in essential services in the strict sense of the term, and in situations of acute national or local crisis, for a limited period of time and to the extent necessary to meet the requirements of the situation. Recalling the Constitutional Court ruling that strike suspensions in these sectors were unconstitutional, the Committee had requested the Government to take into consideration the above principles in the application of section 63 of Act No. 6356 and KHK No. 678. It further requested the Government to provide a copy of KHK No. 678. The Committee notes a copy of the Decree and will examine it once the translation thereof is available. The Committee further notes the Government’s indication that the power to suspend a strike for 60 days rests with the President when a strike action is harmful to the general health and national security or to urban public transportation of metropolitan municipalities or to economic and financial stability in banking services. The Government indicates that where the strike has been suspended, the High Board of Arbitration makes maximum effort to bring the parties to an agreement. Judicial procedure is open for the stay of execution against the decision of the Board. The Government points out that pursuant to article 138 of the Constitution on “Independence of Courts,” no organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of their judicial power, send them circulars, or make recommendations or suggestions. The Committee notes that, according to the ITUC, while the legislation indicates that the measure of suspension should be limited to strikes that may be prejudicial to public health or national security, it has been interpreted in such a broad manner that strikes in non-essential services have also been effectively prohibited. It informs in this respect that in January 2019 a strike called by the ITF-affiliated railway union in Izmir has been postponed under these laws. The Committee requests the Government to provide its comments thereon. Considering that strikes can be suspended only in essential services in the strict sense of the term, for public servants exercising authority in the name of the State or in an event of an acute national crisis, the Committee requests the Government to ensure that the above is taken into consideration in the application of section 63 of Act No. 6356 and KHK No. 678.

The Committee recalls that the ITUC has previously alleged that Decree No. 5 adopted in July 2018 provided that an institution directly accountable to the Office of the President – the State Supervisory Council (DDK) – had been vested with the authority to investigate and audit trade unions, professional associations, foundations and associations at any given time. According to the ITUC, all documents and activities of trade unions may come under investigation without a court order and the DDK has discretion to remove or change the leadership of trade unions. Recalling that any law that gives the authorities extended powers of control of internal functioning of unions beyond the obligation to submit annual financial reports would be incompatible with the Convention, the Committee had requested the Government to transmit a copy of Decree No. 5 in order to make a thorough examination of its conformity with the Convention. It had also requested the Government to provide specific information on any investigations or audits undertaken pursuant to Decree No. 5 and their results, including any dismissal or suspension of trade union leaders. The Committee notes the Government’s indication that there has never been an investigation or audit of a trade union organization or suspension of a trade union official by the State Supervisory Council pursuant to Decree No. 5. The Government explains that the Council’s powers to investigate with the purpose of ensuring the lawfulness, regular and efficient functioning and improvement of the administration emanates from of article 108 of the Constitution. It further indicates that the Council has no authority to dismiss trade union officials and has never interfered and has no intention to interfere with the internal functioning of the unions. The measures of dismissal can be taken only by the courts within the framework of existing legal arrangements. Furthermore, suspension is a measure applied to public officials in cases where the provision of public services so requires during an administrative investigation. When a suspension measure needs to be taken for elected officials such as trade union officials, the State Supervisory Council can only propose the application of this measure to the competent authorities which, in the case of trade unions, refers to the trade unions’ own supervisory boards and the disciplinary committees. The Committee notes a copy of Decree No. 5 transmitted by the Government and will examine it once its translation is available. The Committee requests that the Government continue to provide information on any investigations or audits undertaken by the Council, pursuant to Decree No. 5 or article 108 of the Constitution, and their results including any sanctions assessed.

Article 4. Dissolution of trade unions. The Committee recalls that after the attempted coup of 15 July 2016, Turkey was in a state of acute national crisis, and that an Inquiry Commission was established to examine applications against the dissolution of trade unions by a decree during the state of emergency. The Committee firmly hoped that the Inquiry Commission would be accessible to all the organizations that desired its review and that the Commission, and the administrative courts that reviewed its decisions on appeal, would carefully examine the grounds for the dissolution of trade unions paying due consideration to the principles of freedom of association. It requested the Government to provide information on the number of applications submitted by the dissolved organizations and the outcome of their examination in the Commission. The Committee had further requested the Government to provide information on the number and outcome of appeals against the negative decisions of the Commission concerning dissolved trade unions. The Committee observes that the Government refers only to cases of Cihan-Sen and Aksiyon-İş Confederations. According to the Government, these organizations, together with their affiliated trade unions, were dissolved on the basis of their connection to the FETO terrorist organization that perpetrated the coup attempt to overthrow the democratically elected government. The Government indicates that the cases of the above-mentioned organizations are still pending before the Inquiry Commission. Recalling that the dissolution and suspension of trade unions constitute extreme forms of interference by the authorities in the activities of organizations, the Committee observes, as noted above, that the issue of dissolution of trade unions is being considered by a tripartite committee of the Committee on Freedom of Association established to examine a representation under article 24 of the ILO Constitution alleging non-observance by the Government of Turkey of Convention No. 87. The Committee will proceed with its examination of this issue once the tripartite committee finalizes its work.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations from the Confederation of Public Employees Trade Unions (KESK), received on 31 August 2020 and the Government’s reply thereto received on 4 November 2020. Furthermore, the Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IS) transmitted by the Government on 3 November 2020.

The Committee also notes the observations of the Turkish Confederation of Employer Associations (TİSK) received on 31 August 2017, which were supported by the International Organisation of Employers (IOE) and the Government’s reply thereto. The Committee also notes the observations of Education International (EI) and the Education and Science Workers’ Union of Turkey (EGITIM SEN) received on 1 September 2017 and the Government’s reply thereto. It further notes the observations of the Turkish Confederation of Public Workers Associations (Türkiye Kamu-Sen) and the TÜRK-IS which were attached to the Government’s report.

Articles 1 and 4 of the Convention. Discrimination based on political opinion. Activities prejudicial to the security of the State. In its previous comments, the Committee noted with deep regret that the Government had not provided any information on the practical application of the Anti-Terrorism Act and the Penal Code in cases involving journalists, writers and publishers expressing their political opinions. Noting that it did not provide the required information, the Committee firmly urges the Government to provide information on the practical application of the Anti-Terrorism Act and the Penal Code in cases involving journalists, writers and publishers, as well as on all the cases brought before the courts against them, indicating the charges brought and the outcome.

Massive dismissals in the public sector: Civil servants, teachers and members of the judiciary. The Committee notes the observations of EGITIM SEN alleging the arbitrary dismissals of hundreds of its members (1,546 as of August 2017) from their teaching positions without any proof and without any court hearing; more than 300 were dismissed from their university positions because they had been critical of the Government and signed a petition in this regard. It also notes that, according to Türkiye Kamu-Sen, in 2015, 75,000 head teachers lost their jobs overnight (50,000 of these were members of EGITIM SEN). The Committee notes the Government’s indication in its report that the dismissals of civil servants, members of the judiciary and teachers took place after the coup attempt in July 2016, “on the grounds of membership, affiliation or connection with a terrorist organization”. The Government adds that under the Penal Code and the Public Servants Law (Law No. 657), public officials who have been under investigation on charges of membership of a terrorist organization or an offense against constitutional order can be suspended from their posts, because “their conducting public duties constitutes a major threat to the security of public services, causing the disruption of it”. The Government emphasizes that the criteria of loyalty to the State has to be met by civil servants. It also indicates that it has adopted several state of emergency decrees, including Decree-Law No. 667 on measures taken within the scope of state of emergency stating that “members of the judiciary, including the Constitutional Court, and all State officials shall be dismissed from the profession or the public service, if they are considered to have an affiliation, membership, cohesion or connection to terrorist organizations or to groups, formations or structures determined by the National Security Council to be engaged in activities against the national security of the State”. Members of the judiciary who have been expelled from the profession can file a complaint before the Council of State. The Government adds that, pursuant to Emergency Decree-Law No. 6851, a commission to review the actions taken under the scope of state of emergency (hereafter the Inquiry Commission) has been established for a term of two years to assess and decide upon applications lodged by public servants, through the governorates or the last institution in which they were employed, against expulsion from their profession, cancellation of fellowship, dissolution of organizations, or the reduction in ranks in the case of retired personnel. According to the Government, the examination of complaints takes place on the basis of the documents that are in the file, and the decision of the Inquiry Commission is subject to review by the courts. In this regard, the Committee notes the KESK’s allegations that, although 4 years passed, as of 3 July 2020 there were still 18,100 cases pending in front of the Inquiry Commission. It further alleges that: (1) there is no transparent mechanism through which public officers, who have no idea of the reason for their dismissal, can challenge any so called evidence against them; (2) there is no clear criteria that the Inquiry Commission adopted in its procedure; and (3) the selection of cases to be examined is arbitrary since there is no chronological or other order. The KESK also indicates that, according to a press statement issued by the Inquiry Commission, 96,000 of the applications were rejected and 12,200 public officers were reinstated, which shows that 89 per cent of the applications were rejected. It further underlines that even if public officers whose applications are rejected have a chance to apply to administrative courts, it will take several years.

The Committee notes from the Report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the impact of the state of emergency on human rights in Turkey (January–December 2017), that “following the coup attempt [July 2016] at least 152,000 civil servants were dismissed, and some were also arrested, for alleged connections with the coup, including 107,944 individuals named in lists attached to emergency decrees” and over “4,200 judges and prosecutors were dismissed”. The OHCHR’s report also indicates that “an additional 22,474 people lost their jobs due to closure of private institutions, such as foundations, trade unions and media outlets” (paragraph 8). The Committee notes that the OHCHR observed that “dismissals were accompanied by additional sanctions applied to physical persons dismissed by decrees or through procedures established by decrees”, including a lifelong ban from working in the public sector and in private security companies and the systematic confiscation of assets and the cancellation of passports (paragraph 68). According to the OHCHR’s report, “[d]ismissed people lost their income and social benefits, including access to medical insurance and retirement benefits”. Finally, the Committee notes the concern expressed by the OHCHR that “the stigma of having been assessed as having links with a terrorist organization could compromise people’s opportunities to find employment” (paragraph 70).

The Committee also refers the Government to its 2018 observation, under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), on the massive dismissals that took place in the public sector under the state of emergency decrees, and to the discussion that took place in the Conference Committee on the Application of Standards (CAS) in June 2019 on the application by Turkey of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and to its current observation under Convention No. 98.

The Committee recalls that, under Article 1(1)(a) of the Convention, discrimination on the basis of political opinion is prohibited in employment and occupation. It also recalls that in paragraph 805 of its General Survey of 2012 on the fundamental Conventions, the Committee indicated that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions and in respect of political affiliation. The Convention allows for exceptions, including measures warranted by the security of the State under Article 4, which are not deemed to be discrimination and must be strictly interpreted to avoid any undue limitations on the protection against discrimination. The Committee also recalls that it indicated in paragraphs 833–835 of its General Survey of 2012 that such measures “must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken” and they “become discriminatory when taken simply by reason of membership of a particular group or community”. As “the measures refer to activities qualifiable as prejudicial to the security of the State[,] [t]he mere expression of opinions or religious, philosophical or political beliefs is not a sufficient basis for the application of the exception. Persons engaging in activities expressing or demonstrating opposition to established political principles by non-violent means are not excluded from the protection of the Convention by virtue of Article 4. […] [A]ll measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. Provisions coached in broad terms, such as ‘lack of loyalty’, ‘the public interest’ or ‘anti-democratic behaviour’ or ‘harm to society’ must be closely examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, such measures are likely to entail distinctions and exclusions based on political opinion […] contrary to the Convention.” In addition, the Committee recalls that “the legitimate application of this exception must respect the right of the person affected by the measures ‘to appeal to a competent body established in accordance with national practice’”. The Committee also recalls that “it is important that the appeals body be separate from the administrative or governmental authority and offer a guarantee of objectivity and independence” and “be competent to hear the reasons for the measures taken against the appellant and to afford him or her the opportunity to present his or her case in full”.

The Committee urges the Government to take appropriate steps to ensure that the requirements of the Convention are fully adhered to, taking into account the various criteria explained above. The Committee asks the Government to continue to provide information on the number of dismissals in the public sector, including teachers, that have taken place for reasons linked to the security of the State. The Committee further asks the Government to continue to provide information on the total number of appeals reviewed by the Inquiry Commission or by the courts, and their outcome, and to indicate whether in the course of the proceedings dismissed employees have the right to present their cases in person or through a representative. The Committee asks the Government to provide its comments regarding the KESK’s allegations on the length of judicial reviews. The Committee further asks the Government to provide information on the number of complaints brought by dismissed employees alleging discrimination on the ground of political opinion.

Recruitment in the public sector. The Committee notes the Government’s indications regarding the recruitment of personnel in the public sector, in reply to its request regarding the previous allegations made by the KESK regarding discrimination against civil servants (the recording in personnel files of inappropriate data, discriminatory use of promotion and appointments, and of the rewards system) and to the lack of adequate sanctions in the event of discrimination. The Committee notes that the Government indicates that, for a first appointment or a reappointment in the public sector, a “security investigation” and an “archive screening” have to be conducted in strict confidentiality at every stage. According to the Government, it is therefore not possible to give information to individuals or institutions other than the institution requesting the investigation. The Government adds that recruitment in public institutions and organizations is made through a merit-based central examination and placement procedure. The Committee notes from the observations made by Türkiye Kamu-Sen that appointment and promotion practices by way of oral examination or interviews work in favour of unions close to the Government and subject members of other unions to discrimination. The union adds that “while it has been recorded in court judgments […] that the interviews were not a fair means of evaluation”, “the Government still does not implement these court decisions and continues to discriminate”. In addition, the Committee notes that the KESK, in its 2020 observations, reiterates its concerns about the impartiality, neutrality and independency of the majority of those who serve in committees in charge of making decisions about new public officers’ suitability to the public sector and alleges that oral exams are used to select those who are loyal to the Government rather than eligible for public services. The organization alleges that there is a broad and vague interpretation of the Penal Code and the Anti-Terrorism Act as regards the recruitment of new public officers and working life of public officers. The KESK also alleges that Presidential Decree No. 225 published on 25 October 2018 requires that “candidates shall be subjected to a ‘security investigation’ and ‘archive screening’ in a way that covers also family members”. According to the organization, dozens of people were not recruited on the ground that there had been a judicial investigation against them in the past, even if they had been acquitted since. The KESK further states that: (1) the Decree was taken to the Constitutional Court that ruled that it was contrary to articles 13 and 20 of the Constitution and was therefore abolished; and (2) a draft law regulating the same issues would be discussed at the Parliament in October 2020. The Committee notes the Government’s statement in its reply that, further to the annulment of the existing regulation on “security investigation” and “archive screening” by the Constitutional Court, and in line with the Constitutional Court decision, works are under way to submit a new piece of legislation to the Parliament as of October 2020, and the objections put forward by the KESK lack any legal basis. The Committee notes that the Government recalls that, in accordance with article 3(3) titled “Basic principles” of the Law No. 657 on Civil Servants, “the State is to base the entry into public service duties, the progress and promotion within the classes and the termination of duty on the merit system and to ensure that the civil servants have security in the implementation of this system with equal opportunities” and that entering the public office and promoting to senior management is based on merit. The Committee takes due note of the abolishment of Presidential Decree No. 225 published on 25 October 2018 and firmly hopes that the new piece of legislation announced by KESK and the Government will ensure that recruitment in the public sector is taking place without discrimination based on the grounds set out in the Convention, in particular political opinion. The Committee asks the Government to provide information on any development in this regard in law and in practice, including any procedure of “security investigation” and “archive screening” put in place by the future regulation. The Committee also asks the Government to ensure that persons alleging discrimination in recruitment and selection in the public sector have effective access to adequate procedures to review their case and to appropriate remedies. The Government is asked to provide information on any existing procedure allowing for an appeal against a negative decision in the recruitment process, the number and outcome of such appeals, and the effective implementation of court decisions relating to discrimination in recruitment and selection in the public sector.

Articles 1 and 2. Protection of workers against discrimination in recruitment. Legislation. For a number of years, the Committee has been referring to the fact that section 5(1) of the Labour Code, which prohibits any discrimination based on language, race, sex, political opinion, philosophical belief, religion and sect, or similar reasons in the employment relationship, does not prohibit discrimination at the recruitment stage. The Committee notes with satisfaction the adoption, in April 2016, of the Law on the Human Rights and Equality Institution of Turkey (Law No. 6701) which, in article 6, prohibits discrimination on the basis of gender, race, colour, language, religion, faith, sect, philosophical or political opinion, ethnic origin, wealth, birth, civil status, medical condition, disability or age, during the application, recruitment and selection processes, in employment and for termination of employment, and with respect to job advertisements, working conditions, vocational guidance, access to vocational training, retraining, on-the-job training, “social interests and similar subjects”. According to article 6(3) of the Law, it is prohibited for employers or their representatives to reject a job application due to pregnancy, motherhood or childcare. The Committee notes that labour contracts or contracts for services which are excluded from the scope of labour legislation, and self-employment are covered by the provisions of article 6 of Law No. 6701. The Committee also welcomes the inclusion of employment in public institutions and organizations within the scope of this article. The Committee asks the Government to provide information on the application in practice of article 6 of Law No. 6701 and, in particular, to indicate if any complaints by workers or any labour inspection reports were made under article 6, and their outcome.

Article 2. Non-discrimination. Equality between men and women. Vocational education and training and public and private employment. The Committee recalls that in its previous comments, it underlined the need to promote the access of women to adequate education and vocational training and to increase their participation in the labour force and in the public sector. With respect to the employment of women in the public service, the Committee notes the Government’s indication that their participation has substantially increased due to temporary arrangements regarding working time and unpaid leave made available to mothers and fathers. As regards the private sector, it further notes that, according to the labour force statistics of February 2019, the labour force participation rate for women was 34 per cent (against 33.3 per cent in February 2018). The Committee welcomes the detailed information provided by the Government in its report, on the numerous programmes, projects, measures and activities developed and implemented with a view to promoting gender equality, including awareness-raising initiatives to fight against gender stereotypes and violence against women, strategies to reconcile work and family responsibilities such as the development of kindergartens and the provision of support for child care, vocational training programmes for women in non-traditional fields, and on-the job and entrepreneurship training programmes. The Committee notes that the Government also mentions the adoption of a Women’s Employment Action Plan (2016–18) within the framework of the programme entitled “More and better jobs for women: Women’s empowerment through decent work in Turkey” implemented jointly by the ILO and the Turkish Employment Agency (ISKUR) and financed by the Swedish International Development Agency (SIDA). The Government adds that the Action Plan aims to increase women’s vocational skills and their means of access to the labour market and that 81 Provincial Gender Representatives, who received gender training, were appointed to monitor and report on its implementation together with the staff of ISKUR. The Committee also notes from the observations made by the TİSK that, according to the labour statistics, “one of the issues that needs to be addressed in order to facilitate the access of women to the labour market is education”. The TİSK adds that, given the large number of women employed in the informal economy – in particular in agriculture – “priority must be given to the policies which will decrease undocumented work or informal employment of working women”. The TİSK further points out that one of the main obstacles for women entering employment and on progressing in their career is the difficulties they face in reconciling work and domestic duties and that, despite the efforts made, there are not enough childcare institutions. The Committee notes the TÜRK-IS’s allegations that, despite all the legal measures and policies put in place against discrimination, examples of differential treatments are still reported in practice. According to the TÜRK-IS, while the rights of pregnant women are regulated by law, women face the threat of dismissal from their employers when they fall pregnant or when they request to use lawful maternity leave, in particular in the private sector. The organization also raises concern regarding the new post-natal leave that would directly turn the way women work into long-term low paid jobs or part time working. In addition, the Committee notes the allegations by the KESK that equality between men and women is still a problem in the public sector since current policies and practices lead to discrimination and the Government’s policies affect women very deeply, with an objective to keep them away from public, social, economic and professional life. It further alleges that the participation rate of women in the public sector is 38 per cent while it is 62 per cent for men, and women are channelized into some positions and sectors, such as health, social services and education that are considered suitable for women. Moreover, being a woman public officer means there are certain social and professional barriers and, as a result, only 8 per cent of higher and managerial posts are held by women. There are about 650,000 women teachers but only 25 women out of 1,299 senior managers in the Ministry of Education (1.9 per cent). The KESK adds that, according to official figures, the participation rate of women in the labour force was 29.7 per cent in May 2020 while it was 34.4 per cent one year before, corresponding to 1.3 million fewer women. According to the KESK, although it is a fact that there was a decrease in the employment rate due to the COVID-19 pandemic, this deeply affects women. The Committee notes the Government’s statement in its reply that it is of great importance that women become individually and socially stronger, have more qualified education opportunities, enhancing their efficiency in decision-making mechanisms, increasing their employment level by facilitating their entry into the labour market, providing their social security, increasing the number of women entrepreneurs and creating more added value in the economy. The Government adds that empowering women in the labour market and increasing their participation in working life are among its main priorities and recalls the investments made in the private sector in crèches, day-care centres and pre-school education. The Committee welcomes the information provided by the Government regarding the quantitative targets established in the “Women section” of the 11th Development Plan (2019–2023). Through the provision of guidance services and subsidies to female entrepreneurs, the development of digital environments and cooperatives and the promotion of training in non-traditional fields, it is expected to increase: (1) the female labour force participation rate to 38.5 per cent; (2) the female employment rate to 34 per cent; (3) the rate of women in self-employment to 20 per cent; and (4) the rate of women employers to 10 per cent. The Committee also welcomes the adoption of the “Strategy Paper and Action Plan on Women’s Empowerment” to cover the period 2018–2023, which is built on the following five elements: awareness of women of their own value; the right to have options and to choose among them; the right to access opportunities and resources; the right to have the power to control their own lives inside and outside the home; and their ability to influence the direction of social change in order to create a fairer social and economic order at national and international level. The Committee notes that it is envisaged in this framework to conduct an assessment of the legislation on the labour market in a way to ensure women’s empowerment and making necessary improvements for effective implementation as well as studies for the employment of women in professions that are not limited to traditional employment areas and more generally various measures to tackle occupational segregation. The Government also emphasizes the improvement of the female labour force participation and the female employment rates between 2002 and 2019 (respectively from 27.9 to 34.4 per cent and from 25.3 to 28.7 per cent). The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about “the persistence of deep-rooted discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society”, which “overemphasize the traditional role of women as mothers and wives, thereby undermining women’s social status, autonomy, educational opportunities and professional careers”. The CEDAW also noted with concern that “patriarchal attitudes are on the rise within State authorities and society” and expressed concern “about the high dropout rate and under-representation among girls and women in vocational training and higher education, in particular in deprived rural areas and refugee communities” (CEDAW/C/TUR/CO/7, 25 July 2016, paragraphs 28 and 43). Noting the encouraging developments regarding the promotion of gender equality in employment but also the very slow increase in the labour force participation rates of women, the Committee asks the Government to step up its efforts and continue taking specific proactive measures, including within the framework of the “Strategy Paper and Action Plan on Women’s Empowerment” (2018–2023), the 11th Development Plan (2019–2023) and the ILO–ISKUR–SIDA programme, to promote the access of women to adequate education and vocational training and to formal and paid employment, including to higher level positions. The Committee also asks the Government to provide information on the implementation of the quantitative targets in the “Women section” of the 11th Development Plan and the results of any assessment of the legislative framework concerning women’s employment and the conclusions of any studies conducted in the field of gender occupational segregation. The Committee asks the Government to adopt proactive measures to actively combat persistent gender stereotypes and stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs or their interest or availability for full-time jobs and their role in society. The Committee also asks the Government to continue to take steps to enable both men and women to reconcile work and family responsibilities, including through the development of childcare and family facilities and support and by the removal of administrative obstacles to which the Government refers in this regard. Finally, the Committee asks the Government to provide its comments in reply to the TÜRK-IS’ allegations regarding dismissal or threats of dismissal of pregnant women because of their pregnancy or taking full maternity leave.

Dress code. The Committee welcomes the Government’s indication that further to the amendment in 2013 and 2016 of the Regulations on the dress code of personnel employed in public institutions, security organizations and armed forces, women working in these institutions and organizations are now allowed to work with a headscarf. The Committee hopes that the Government will continue to ensure that all persons working in public institutions, security organizations and armed forces continue to enjoy protection against religious discrimination on the basis of a dress code.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

The Committee reiterates the content of its direct request adopted in 2019, which is reproduced below.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalled that it had asked the Government to provide information on the definition of sexual harassment at work, the sanctions imposed and the remedies available. The Committee notes the Government’s indication that “actions that constitute sexual harassment can be committed by means of words, written notes or behaviours, but it is sought that these words, notes and behaviours be made with sexual intent”. The Government adds that the law does not separately define sexual harassment in the workplace, but regards the fact of taking advantage of the workplace or the superior–subordinate relationship as an “aggravating cause” for sexual harassment (article 105 of the Criminal Code). The Government also provides examples of messages or expressions that have been considered as constituting sexual harassment by the Supreme Court (decisions 2014/10982 and 2012/11112) and explains that the Supreme Court defines sexual harassment also as “acts performed with words and behaviours and without physical contact”. The Government also indicates that “actions that involve physical contact and exceed the sexual harassment scale have also been imposed as ‘sexual assault … crime’” under the Criminal Code. It adds that the Code of Obligations (art. 417) provides that “the employer is responsible for taking the necessary measures to prevent psychological and sexual harassment and … further damage to those who have been subjected to such harassment”. According to the Government, measures to protect workers from sexual harassment are also required by Law No. 5547 on approval of the Social Charter (Revised). The Committee welcomes the inclusion in the Law on the Human Rights and Equality Institution of Turkey (Law No. 6701) of a definition of the term “harassment”, as follows: “any painful, degrading, humiliating and disgraceful behaviour which intends to tarnish human dignity or lead to such consequence based on one of the grounds cited in this law [i.e. gender, race, colour, language, religion, faith, sect, philosophical or political opinion, ethnic origin, wealth, birth, civil status, medical condition, disability or age], including psychological and sexual harassment” (article 2). It further notes that “harassment” is considered as a “type” of discrimination falling under the scope of the law. The Committee therefore understands that article 6 of the Law concerning employment and self-employment – which provides, inter alia, for the prohibition of discrimination by the employer or a person authorized by the employer – also applies to harassment. It also understands that the Human Rights and Equality Institution is empowered to examine harassment cases ex officio or upon application (article 9(1)). The Committee asks the Government to confirm that the provisions of article 6 of the Law on the Human Rights and Equality Institution applies to harassment, including sexual harassment and that the Institution may deal with complaints for harassment. The Government is also asked to confirm that article 6 effectively prohibits both quid pro quo and hostile environment sexual harassment against men and women workers in the public and private sectors, including domestic workers. The Committee asks the Government to consider including in the Labour Law and the Public Servants Law (Law No. 657) explicit legal provisions covering all workers and expressly defining and prohibiting both quid pro quo and hostile environment sexual harassment against men and women workers in the public and private sectors, including domestic workers, and providing for effective mechanisms of redress and remedies, and appropriate sanctions. It also asks the Government to provide detailed information on the practical measures taken at the national or local level, such as awareness-raising campaigns and specific training for labour inspectors, by employers, workers and their organizations respectively to prevent sexual harassment. The Government is also asked to provide information on the number of complaints of sexual harassment referred to the competent authorities, including criminal cases, and their outcome.

Article 1(2). Inherent requirements of the job. The Committee notes that, pursuant to article 7(1)(a) and (b) of Law No. 6701 of 2016, “different treatment which is in line with the purpose and proportionate in the case of professional exigencies, during employment and self-employment” and “cases where only persons from a single gender should be employed” shall not be deemed discrimination. The Committee asks the Government to specify the jobs to which these provisions relate, in particular with regard to gender, and to provide information on any judicial decisions by the courts in this regard.

Article 2. Equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. Minorities including Roma. The Committee recalls that it requested that the Government provide information on any measures adopted or activities undertaken to address the situation of minorities and on the impact of these measures on the inclusion of minorities in the labour market. The Committee notes that in its report, the Government refers to the “Improving Social Integration and Employability of Disadvantaged Persons Grant Scheme”, which focuses on organizing vocational training to increase employment opportunities throughout the country and to provide entrepreneurship training, and counselling, rehabilitation and guidance services. The Government adds that the first part of the grant component has been allocated to schools, universities, municipalities and associations that have submitted and accepted project proposals for the improvement of the employability of Roma persons (€5 million for 46 projects in 20 provinces). As regards the Roma, the Committee notes from the 2016 report of the European Commission against Racism and Intolerance (ECRI) that “Roma children suffer from low school enrolment rates, absenteeism, early drop out and school segregation”. The ECRI adds that “Roma encounter enormous difficulties in the labour market due to discrimination and social exclusion. As a result, unemployment is high and they mostly work in unqualified, unstable and insecure jobs” (CRI(2016)37, adopted on 29 June 2016). The Committee notes from the Government’s comments on this ECRI report that the “National Strategy on Social Inclusion of Roma Citizens for the period 2016–2021” and its Action Plan, which relate to education, employment, housing, health, social assistance and social support services, were adopted on 26 April 2016. The Government adds that “the National Roma Integration Strategy, inter alia, aims to increase the effectiveness of social inclusion policies, to enhance access to general public services, to combat discrimination and to prevent hate crimes and to ensure social participation with strengthened civil society” and that “basic implementation principles such as anti-discrimination, equal treatment, participation of civil society, regional policy approach are set forth as the strategic targets”. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern “about the persistent disadvantaged situation of Kurdish women that is exacerbated by prejudice against their ethnic and linguistic identity, leading to their further marginalization with respect to their civil, political, economic, social and cultural rights” and called upon Turkey “to address the inequalities faced by Kurdish women, which are compounded by the intersecting forms of discrimination to which they are subjected” (CEDAW/C/TUR/CO/7, 25 July 2016, paragraphs 12–13). The Committee asks the Government to ensure that children and youth from the Roma community and any other minority groups, including the Kurd minority group, have access to quality education and vocational training, and to take effective measures to fight against racial discrimination, prejudices and negative stereotypes suffered by these minorities. The Committee asks the Government to specify the “disadvantaged persons” – in addition to Roma persons – targeted by the above mentioned Grant Scheme and to provide more detailed information on the concrete steps taken in this framework to increase their employment opportunities in the labour market and on the results achieved. In this regard, the Government is asked to provide information on the measures adopted and practical steps taken, and on any formal interim assessment conducted of the results achieved through the National Strategy on Social Inclusion of Roma Citizens. The Committee also asks the Government to indicate if any specific measures are taken to address discrimination against women from minority groups and to improve their situation with respect to access to education, vocational training and employment.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Protection measures. Employment restrictions for women. The Committee recalls that measures aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, are contrary to the Convention. The Committee asks the Government to provide information on any regulation issued by the Ministry of Labour, under section 85 of the Labour Code, specifying “the categories of arduous or dangerous work in which … women may be employed”.

Information, awareness-raising and enforcement. The Committee notes the Government’s indication that the Committee on Equality of Opportunities for Women and Men of the Grand National Assembly of Turkey, which was established in 2009, has the authority to examine bills, receive petitions and complaints from citizens, “investigate social problems”, and organize public information and awareness-raising events. The Committee further notes that the Government indicates that within the framework of the National Employment Strategy for 2017–2019, under the chapter on the promotion of the employment of groups in need of specific policies, “measures will be taken to prevent discriminatory practices that employees are exposed to in the labour market” and “awareness-raising activities will be carried out with the purpose of strengthening the perception of gender equality”. The Committee notes that pursuant to the adoption in April 2016 of Law No. 6701, the former Human Rights Institution has been replaced by the Human Rights and Equality Institution which has, inter alia, the duties to prevent discrimination and raise awareness thereof and examine discrimination cases ex officio or upon application. The Committee asks the Government to provide specific information on the number of complaints of discrimination in employment and occupation received and dealt with by the Committee on Equality of Opportunities for Women and Men and the Human Rights and Equality Institution as well as by the Labour Inspectorate, the grounds on which they are based, and the outcome of such complaints. The Committee asks the Government to provide detailed information on any concrete steps taken, including by the Human Rights and Equality Institution, to prevent discrimination against workers and on awareness-raising activities carried out to promote equality, including gender equality, and their results. The Government is also asked to provide information on any discrimination cases brought before the judicial authorities, the outcome of such cases, the remedies granted and sanctions imposed.

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information on the ratified OSH Conventions provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Conventions Nos 155 and 161, received on 31 August 2020, the observations of the Turkish Confederation of Employers’ Associations (TISK) on the application of Conventions Nos 115, 119, 127, 155, 161, 167, 176 and 187, received on 29 September 2020, and the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN) on the application of Convention No. 155, communicated with the Government’s supplementary report. In addition, the Committee notes the Government’s response to the observations of the KESK, received on 4 November 2020. The Committee proceeded with the examination of the application of Conventions Nos 115, 119, 127, 155, 161, 167, 176 and 187 on the basis of the supplementary information received from the Government and the social partners this year (see under legislative developments, each of the consolidated points below, and under Articles 6(2) and 7(2) of Convention No. 115, Article 11 of Convention No. 161, Article 6 of Convention No. 167, and Articles 5(2)(c) and (d) and 10(a) and (e) of Convention No. 176), as well as on the basis of the information at its disposal in 2019.

It notes the observations of the TISK, transmitted with the Government’s report in 2019 on Conventions Nos 115, 119, 127, 155, 161 and 187.

Article 4(2)(c) of Convention No. 187, Article 9 of Convention No. 155, Article 15 of Convention No. 115, Article 15 of Convention No. 119, Article 35 of Convention No. 167, and Article 16 of Convention No. 176. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee notes from the information provided in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), that in 2018, 12,649 inspections in the area of OSH were conducted, 974 of which were carried out in the mining sector. The Government also indicates in its supplementary report on Convention No. 176 that there were 152 inspections in the mining sector in 2019. The Committee further notes that, according to the Government’s supplementary report on Convention No. 167, there were 1,858 inspections in 2018 and 513 inspections in 2019 in the construction sector. It also notes that the Government has not provided the requested information under Convention No. 115 on inspections undertaken regarding the appropriate monitoring of workers and workplaces in order to measure the exposure of workers to ionizing radiations. The Committee requests the Government to continue to provide detailed information on the number of inspections undertaken in this regard, disaggregated by inspections in the mining and construction sectors and with regard to the safe use of machinery, as well as statistical information on the inspection activities with regard to employers’ obligations concerning protection from ionizing radiation. In this respect, it requests the Government to provide information on the number of violations detected, the number and nature of penalties imposed and the orders to suspend operations. The Committee also requests the Government to indicate the reasons behind the significant decline in the number of inspections in the mining and construction sectors in 2019.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanisms for the notification, collection and analysis of data on occupational injuries and diseases. The Committee previously noted the statement in the National OSH Policy Document for 2014–18 that there were problems in the detection and notification of occupational diseases. The Committee notes the Government’s indication, in response to the Committee’s request that since 2013, in line with European Union standards, annual statistics published by the Social Security Institution are based on notified occupational accidents, and no longer on the number of closed cases. The Government adds that since the second half of 2016, pre-diagnostic data on occupational diseases have been collected from hospitals on a monthly basis.

The Committee also notes the Government’s indication in its report on the implementation of Convention No. 176 that, for the purpose of collecting statistics, the Occupational Health and Safety Information Management System (İBYS) has been implemented by the Directorate General of OSH, and that notifications on accidents and diseases will be integrated into the system. The Committee notes the reference made by the TISK in its observations under Convention No. 155 to the legal requirements on notification and the penalties provided in the case of non-compliance with these requirements. In its supplementary report on Convention No. 176, the Government further refers to the implementation of the Workplace Information Management System (BIM), through which sectoral OSH statistics can be accessed. The Committee also notes the MEMUR-SEN’s reference to difficulties regarding the reporting of occupational diseases for public servants. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue to provide information on the development of mechanisms for the collection and analysis of data on occupational injuries and diseases, including the operation of the İBYS and of the BIM.

Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176. Right of workers to remove themselves from danger. The Committee previously noted that section 13(1) of the OSH Act provides that workers exposed to serious and imminent danger must file an application to the workplace OSH committee, or the employer in the absence of such a committee, requesting the identification of the hazard and measures for emergency intervention. The decision of the committee and the employer shall be communicated to the worker and the workers’ representative in writing. It further noted that section 13(3) provides that workers are able to leave their place of work without going through the process in section 13(1) if the danger is serious, imminent and unavoidable. In this respect, the Committee recalled that prior authorization for exercising the right to removal in situations of imminent and serious danger (as specified in section 13(1)) is not in conformity with Conventions Nos 155, 167 and 176, as is any requirement that the danger be unavoidable (as specified in section 13(3)). The Committee notes the TISK’s observations that the OSH Act regulates the right to removal with a view to establishing a balance between protecting workers’ safety and avoiding unnecessary stoppages of work, and its view that section 13 of the OSH Act is in line with Convention No. 155. The Committee also notes the Government’s indication that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee recalls in this respect that Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 require the right to removal to be specified in national laws or regulations. The Committee also recalls that Article 13 of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 do not refer to a danger that is “unavoidable”. The Committee once again requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 by ensuring that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have good reason 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.

Article 2 of Convention No. 155 and Article 3 of Convention No. 161. Scope of application. Progressive development of occupational health services for all workers and all branches of economic activity. The Committee previously noted the observations made by the KESK concerning the delay in the application of the OSH Act to public sector workers as regards sections 6 and 7 of that Act (on occupational health and safety services, i.e. the assignment of occupational specialists, occupational physicians and other health staff). The Committee notes the Government’s explanations in response to these observations that the application of sections 6 and 7 has been further delayed to July 2020. According to the KESK, as of August 2020, public institutions and workplaces with less than 50 workers, even if they fall in the category of hazardous workplaces, are not required to apply sections 6 and 7 of the OSH Act and that this obligation will only come into force on 1 July 2023. The KESK further states that trade unions were not consulted in the Government’s decisions regarding the delays. The Government does not provide a response on this issue. The Committee requests the Government to provide detailed information on the progress made towards the application of sections 6 and 7 of the OSH Act to public sector workers and to workplaces with less than 50 workers. It also requests the Government to provide information on the coverage of workers by occupational health services in practice in the different sectors, including construction, mining and agriculture and the public sector.

Occupational Health Services Convention, 1985 (No. 161)

Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee notes the Government’s reference to section 18 of the OSH Act, in response to the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) regarding the modalities for the participation of workers’ representatives in decisions affecting the organization and operation of occupational health services. The Committee takes note of this information.

Article 9. Multidisciplinary nature of occupational health services. The Committee notes the Government’s indication, in response to its request, regarding the required technical background and certification of occupational safety specialists. However, the Committee notes that the Government does not provide information on whether there are any specific criteria regarding the composition of occupational health services so as to ensure the availability of experts from different disciplines. The Committee requests the Government to provide information on the criteria for ensuring that occupational health services are multidisciplinary to ensure the existence of a variety of technical and other required experience within these services (such as experts in occupational medicine, ergonomics, etc.).

Article 10. Professional independence of occupational health service personnel from employers, workers and their representatives. The Committee previously noted the observations made by the KESK that the sanctions provided for in the OSH Act for unjust dismissal of occupational safety experts (OSEs) for complying with their reporting obligations to the Ministry are not dissuasive. The Committee notes the Government’s indication, with reference to section 8 of the OSH Act as amended in 2015 by Act No. 6645, that penalties of at least one year’s salary payment to occupational safety experts provide safeguards against their dismissal for complying with their reporting obligations. The Committee takes note of this information.

Article 11. Qualifications required for occupational health service personnel. The Committee notes the Government’s indication, in response to its request, that priority is given to the determination of the required expertise of OSEs for occupational health services in the mining and construction sector, as occupational accidents and diseases are higher in these sectors than in others. The Government adds that sector-specific requirements may also be determined where necessary in other sectors. Moreover, the Committee understands from the Government’s indications, in response to the Committee’s request, that the possibility to have lower qualifications for personnel of occupational health personnel has been extended to July 2020. According to the KESK, section 8 (occupational physicians and occupational safety specialists) of the OSH Act will only come into force in July 2023 for public institutions and workplaces with less than 50 workers. In its response, the Government indicates that training on occupational diseases is being carried out for physicians in all provinces. The Committee requests the Government to provide information in respect of the alleged delay in the application of section 8 of the OSH Act, and to continue to provide information on the qualifications required for personnel providing occupational health services, according to the nature of the duties to be performed.

Radiation Protection Convention, 1960 (No. 115)

Legislative developments. The Committee notes the Government’s reference, in its supplementary report, to the adoption of Regulation No. 30435 of 2018 on Radiation Protection for Nuclear Facilities and Regulation No. 31159 of 2020 on Management of Radiation Emergencies. The Committee requests the Government to continue to provide information on legislative developments, and to provide a copy of the above regulations.

Articles 6(2) and 7(2) of the Convention. Dose limits in occupational exposure and dose limits for persons between 16 and 18 years of age. The Committee previously noted that the Radiation Safety Regulations, revised in 2010, provided an equivalent dose limit for the lens of the eye of 150 millisieverts (mSv) for radiation workers, and of 50 mSv for students and interns between 16 and 18 years whose education requires some level of exposure.

The Committee notes the Government’s indication, in response to the Committee’s request, that the Radiation Safety Regulations, are currently being reviewed, and are proposed to take into account the current dose limits as provided for by the European Council in 2013 and the International Atomic Energy Agency (IAEA) in 2014. The Committee once again refers to paragraphs 11 and 13 of its 2015 general observation, and draws the Government’s attention to the most recent recommendations of the International Commission of Radiological Protection which recommend, for radiation workers, an equivalent dose to the lens of the eye of 20 mSv per year, averaged over a period of five years, with no single year exceeding 50 mSv per year, and for students between the ages of 16 to 18 who use sources of radiation in the course of their studies, the dose limits are an equivalent dose to the lens of the eye of 20 mSv per year. The Committee notes with interest the Government’s indication in its supplementary report that Regulation No. 30435 of 2018 on Radiation Protection in Nuclear Facilities complies with these limits, and welcomes the Government’s indication that the same dose limits are being used in the draft Regulations on Radiation Protection. The Committee requests the Government to continue to provide information on measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye. It requests the Government to provide a copy of the revised Regulations on Radiation Protection, once adopted.

Articles 11, 12 and 13. Appropriate monitoring of workplaces and medical examinations. The Committee notes that the Government states that in 2014, within the framework of monitoring cases of exposure to high radiation doses, dosimeter services determined that the dose rate of 122 persons exceeded the level set during inspections (256 in 2013). Of the detected cases, one person was directed to health institutions for medical examinations and treatment (compared with five in 2013). The Committee notes the Government’s information on measures taken in practice to ensure the appropriate measuring of exposure of workers to ionizing radiations (including the calibration of radiation measuring devices, the provision of dosimeter services, and the examination of relevant data), as well as the requirement to conduct medical examinations at a yearly interval for certain workers. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee previously noted the observations made by the TÜRK-İŞ that manual transport is widely used in various branches of industry where mechanical systems are frequently lacking and that difficulties arise in practice. In this respect, the Committee notes the Government’s reference, in response to its request, to the preparation of an implementation guide concerning the regulations on manual transport, which was published on the website of the Ministry of Family, Labour and Social Services and provides more detailed information about manual transport and relevant numerical data in this respect. The Committee requests the Government to continue to provide information on the practical measures taken or envisaged to ensure that workers shall not be required or be permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise their health or safety. It requests the Government to provide information on the inspections carried out in this respect, shortcomings detected and remedial measures taken, if any.

Safety and Health in Construction Convention, 1988 (No. 167)

Article 6 of the Convention. Cooperation at construction sites. In its previous comment, the Committee noted that the provisions on OSH committees at the workplace, pursuant to section 22 of the OSH Act and the Regulations on OSH Committees, only apply to permanent workplaces. It also noted the general provisions for consultations at workplaces (section 18 of the OSH Act) and that section 13 of the Regulations on Occupational Health and Safety in Construction provides that consultations shall be held with workers or their representatives in line with the provisions of section 18 of the OSH Act, taking into consideration the size of the construction site and the degree of risk. The Committee notes the Government’s reiterated reference, in response to the Committee’s request, to the above provisions, and to the advice given by labour inspectors during inspections regarding the importance of cooperation on OSH issues. The Committee once again requests the Government to provide further information on the arrangements for cooperation between employers and workers to promote safety and health at temporary construction sites. In this respect, it requests information on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice, specifying for example, the instances and frequency of consultations, the number of participants at the consultations (percentage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account.

Article 12(2). Duty of employers to stop operations in situations of imminent danger. The Committee previously noted that section 12(1)(a) of the OSH Act provides that in the event of serious, imminent and unavoidable danger, the employer shall take action and give instructions to enable workers to stop work and/or immediately leave the workplace and proceed to a place of safety. It also noted that section 12(1)(b) provides that the employer shall not ask workers, except for those who are adequately equipped and specially assigned to do so, to resume work for as long as the situation remains unchanged and unless there is a strict necessity. The Committee recalled that Article 12(2) of the Convention provides that, where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. It noted in this respect that the Convention does not require that the danger be serious or unavoidable. The Committee notes the Government’s indication that section 12 of the OSH Act is based on the requirements of European Union (EU) Directive 89/391/EEC. The Government adds that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee requests the Government to provide further information on the measures taken or envisaged to give full effect to Article 12(2) of the Convention by ensuring that the obligation of employers to take immediate steps to stop operations where there is an imminent danger to the safety of workers is not limited to situations where the danger is serious or unavoidable. In this respect, noting the Government’s indication concerning the direct applicability of international agreements, it requests the Government to provide further information on the direct application of Article 12(2) of Convention No. 167 in practice.

Article 13(3). Appropriate precautions to protect persons present at or in the vicinity of a construction site. The Committee previously requested information on the precautions to be taken to protect persons in the vicinity of a construction site. The Committee notes the Government’s indication in response, concerning the additional requirements in the Regulations on Occupational Health and Safety in Construction as regards precautions to protect persons in the vicinity of a construction site, including the provision of screens of suitable material of sufficient height and strength around construction sites in residential areas (Annex 4B, section 62(c)).

Article 18. Work at heights. The Committee previously noted that the Action Plan on Safety and Health at Work (2014–18) identifies the reduction of the rate of occupational accidents resulting from a fall from heights as a performance indicator for the Plan, with the objective of reducing this rate by 3 per cent each year between 2014 and 2018. The Committee notes the Government’s indication in response to the Committee’s previous request that the proportion of fatal occupational accidents in the construction sector caused by falls from heights fell from 47.98 per cent in 2013 to 40.89 per cent in 2017. The Government adds that while the indicators in the Action Plan 2014–18 have not been met, it is planned to revise the relevant actions and indicators during the preparations of the 2019–23 Action Plan to provide for more effective actions to reduce occupational accidents after the restructuring of the OSH Council. The Committee requests the Government to continue to provide information on the measures taken to protect against the fall of workers, tools or other objects or materials, including progress achieved with respect to revised performance indicators in the 2019-23 Action Plan once it is adopted, specifically as concerns the rate of occupational accidents resulting from a fall from heights.

Articles 21 and 23. Work in compressed air and work over water. In its previous comment, the Committee noted that section 10(b) of the Regulations on Occupational Health and Safety in Construction provides that the health and safety plan, prepared by the health and safety coordinator of the construction site during the project preparation phase, shall ensure specific measures related to the works listed in Annex 2, which includes work with a risk of drowning (section 1) and work in compressed air (section 8). The Committee notes that the Government refers, in response to the Committee’s request on work over water, to Regulation No. 28681 of 2013 on Emergency Situations at Workplaces, which provides that employers have to make arrangements concerning emergency situations, and to Annex 5 (the List of Works Involving Occupational Health and Safety Risks) of the Regulations on Occupational Health and Safety in Construction, which includes works where there is a risk of drowning. The Committee once again requests the Government to provide information on measures taken or envisaged to ensure that work in compressed air is only carried out by workers whose physical aptitude for such work has been established by a medical examination and when a competent person is present to supervise the conduct of the operations, in accordance with Article 21(2) of the Convention.

Article 24(a). Demolition works. The Committee previously noted that section 75 of Annex 4B of the Regulations on Occupational Health and Safety in Construction provides that demolition works are executed in accordance with the relevant standards and regulatory provisions and it requested information on the standards or regulations established. The Committee notes the Government’s reference, in response to its request, to the Code of Practice (No. 13633) on full and partial demolition and a guide for safe and healthy demolition works. The Committee takes note of this information.

Article 28(4). Waste disposal. The Committee notes the Government’s reference, in response to the Committee’s request regarding safe disposal of waste on a construction site, to Regulation No. 28539 of 2013, which provides for protection measures relating to demolition and removal work involving asbestos. The Government also states that symposiums and conferences have been organized for the construction sector which cover the safe disposal of wastes from construction sites. The Committee takes note of this information.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(2)(c) and (d) and 10(e) of the Convention. Procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, and compilation and publication of statistics. Employers’ obligations to report dangerous occurrences. The Committee previously noted that section 14(2) of the OSH Act provides that the employer shall notify the national social security institution with respect to occupational accidents and diseases, but that this provision does not provide that employers shall report dangerous occurrences in mining and mine disasters that do not result in occupational injuries. The Committee notes the Government’s indications, in response to the Committee’s request, that employers are required to report incidents occurring in a mine even if they do not cause accidents. The Government adds that notifications on occupational accidents and diseases as well as dangerous occurrences in mines are proposed to be integrated in the İBYS in the coming years, which can be disaggregated by year, workplace size, number of workers, gender and province, but that this data is not foreseen for publication. The Government also indicates in its supplementary report that sectoral statistics on OSH can be accessed through the BIM. The Committee requests the Government to provide further information on the procedure for the notification of dangerous occurrences in mining, and to indicate if this notification is required in national legislation or regulations. The Committee also requests the Government to continue to provide information on the measures taken to compile and publish statistics on accidents, occupational diseases and dangerous occurrences in the mining sector. It further requests the Government to provide information on the planned publication of such data, as provided for in Article 5(2)(d).

Article 7(a). Design of mines. The Committee previously noted that section 5(1) of the Regulations on Occupational Health and Safety in Mining provides that the employer has the obligation to take the necessary measures to ensure the safety and health of workers, including by ensuring that workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and health. The Committee notes that the Government has not provided the requested information on the application of this provision in practice. The Committee therefore once again requests the Government to provide further information on the measures taken to ensure that mines are designed to provide conditions for their safe operation and a healthy working environment, including information on the application in practice of section 5(1) of the Regulations on Occupational Health and Safety in Mining (such as the number of inspections conducted and the shortcomings observed).

Article 7(i). Obligation to stop operations and evacuate workers. The Committee previously noted, with reference to its comment above under Article 12(2) of Convention No. 167, that the Government referred to section 12 of the OSH Act. The Committee recalled that Article 7(i) of the Convention requires employers to ensure that when there is a serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location. It also emphasized, that, unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee notes the Government’s indication, in response to the Committee’s request, that section 12 of the OSH Act is based on the requirements of EU Directive 89/391/EEC. The Government adds that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee requests the Government to provide further information on the measures taken or envisaged to give full effect to Article 7(i) of the Convention by ensuring that employers are required to stop operations and evacuate workers in all situations where there is a serious danger to the safety and health of workers. In this respect, noting the Government’s indication concerning the direct applicability of international agreements, it requests the Government to provide further information on the direct application of Article 7(i) of the Convention in practice.

Article 10(a). Adequate training and comprehensible instructions. The Committee previously noted the provisions on the requirements of workers to provide training on safety and health risks to workers (sections 16 and 17 of the OSH Act and Annex 1 (paragraph 1.5) of the Regulations on Occupational Health and Safety in Mining). The Committee notes the Government’s reference, in response to the Committee’s request on the provision of this training in practice, that Annex 1 of the Regulations on the Vocational Training of Workers regarding Hazardous and Very Hazardous Work provides that it is compulsory for workers in mines to receive vocational training before they are hired. The Committee takes note of this information.

Article 12. Two or more employers undertaking activities at the same mine. The Committee previously noted that pursuant to section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining, where workers from several undertakings are present at the same site, each employer shall be responsible for all matters under their control but that the employer who is in charge of the workplace shall coordinate the implementation of all the measures concerning the safety and health of the workers. That employer shall state, in their safety and health document, the aim of that coordination and the measures and procedures for implementing it. The coordination shall not affect the responsibility of the individual employers. It requested information on section 5(1)(4) in practice. The Committee notes the Government’s indications, in response to its request, that where operating permits have been transferred to third parties, or where employers have subcontracted work, the responsibilities of each employer are controlled separately. It also notes the Government’s indication that during the last five years during inspections in mines, no penalties were applied. The Committee requests the Government to provide more detailed information on the implementation of section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining as regards the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations, including any violations detected in the course of inspections and subsequent penalties applied.

Article 13(2)(c) and (f). Right of workers’ safety and health representatives. The Committee notes the Government’s reference to legislation providing for the rights of workers’ safety and health representatives, and the employers’ possibility to have recourse to external technical support for the establishment of risk assessments, where applicable upon request made by the workers’ safety and health representative. The Committee also notes that the Government indicates, with respect to Article 13(2)(c), that there is nothing that prevents workers’ safety and health representatives from having recourse to advisers and independent experts. The Committee notes that the Government does not provide information on the right of workers’ representatives to receive notice of accidents and dangerous occurrences. The Committee requests the Government to provide further information on the measures taken or envisaged to guarantee the right of workers’ representatives to receive notice of accidents and dangerous occurrences, in accordance with Article 13(2)(f) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 1 of the Convention. Massive dismissals of public servants. The Committee had previously noted that following the coup attempt in July 2016, a great number of public servants, including an unknown number of trade union representatives, were dismissed on the basis of emergency decrees. In these circumstances, the Committee had requested the Government to ensure that workers’ representatives were not dismissed on the basis of their status or activities as a workers’ representative or of their union membership or participation in union activities, in so far as they acted in conformity with existing laws. In case of existence of grounds to believe that a workers’ representative had been involved in illegal activities, the Committee had requested the Government to ensure that all guarantees of due process were fully afforded. The Committee had further requested the Government to provide statistical information on the number of union representatives affected by the dismissals and suspensions based on emergency decrees. The Committee had noted the establishment, for a two-year period, of an ad hoc Inquiry Commission to review the dismissals based on the state of emergency decrees and, in this respect, noted with concern that the Commission would have to deal with a very significant caseload in a relatively short period of time. The Committee had requested the Government to ensure that the Inquiry Commission was accessible to all dismissed workers’ representatives who desire its review, and that it was endowed with the adequate capacity, resources and time to conduct the review process promptly, impartially and expeditiously. The Committee had further requested the Government to ensure that the dismissed workers’ representatives did not bear alone the burden of proving that the dismissals were discriminatory, by requiring the employers or the relevant authorities to prove that the decision to dismiss them was justified based on other grounds. Finally, the Committee had requested the Government to provide statistical information on the number of applications lodged and processed in the Inquiry Commission and administrative courts by affected workers’ representatives and to indicate the outcome of those procedures.

The Committee noted the Government’s indication in its 2019 report that the dismissal of public servants from public service, which may include some trade union representatives, by the state of emergency decrees, was based on the grounds of their membership, affiliation or connection to terrorist organizations, following the coup attempt in 2016. The Government reiterated that after the coup attempt, it issued state of emergency decrees to eliminate the influence of terrorist organizations, such as Fethullahist Terrorist Organization (FETO), Kurdistan Workers' Party (PKK) or ISIS (DAISH). According to the Government, these terrorist organizations, in particular the one that perpetrated the said coup attempt to overthrow the democratically elected legitimate government in Turkey, established themselves within the state structure of the central and local government institutions and agencies, particularly in the armed forces, police, judiciary and educational institutions. The Government further reiterated that public servants are obliged, on the one hand, to carry out their duties with loyalty to the Constitution and the existing laws, in a manner respecting the principles of neutrality and equality, while on the other, not to join or assist any movement, group, organization or association that carry out illegal activities. It pointed out that being a public servant or a trade union member or representative or even a trade union officer does not ensure immunity from prosecution for illegal activities. The Government further explained that dismissal or suspension procedures of the public servants who were deemed to be member or affiliate of or in liaison or cohort with the terrorist organizations or the structures, entities or groups that were considered by the National Security Council as operating against the national security of the State were conducted in conformity with the provisions of the State of Emergency Act No. 2935, Civil Servants Act No. 657 and the Decrees with the force of law. The Government referred in this respect to the decision of the Constitutional Court of Turkey in a case involving the dismissal of two members of its court: “although the coup attempt was de facto prevented, taking measures in order to eliminate the dangers against the democratic constitutional order, fundamental rights and freedoms and national security, and to prevent future attempts is not only within the scope of the state’s authority, it is also a duty and responsibility towards individuals and society that cannot be postponed […] in some cases, it may not be possible for the state to eliminate the threats against democratic constitutional order, fundamental rights and freedoms and national security through ordinary administrative procedures. Accordingly, it may be necessary to impose extraordinary administrative procedures until these threats are eliminated”.

The Government explained that the Inquiry Commission was established to ensure that those affected by the state of emergency decrees enjoyed due process of law. Public servants dismissed directly by a decree with the force of law could apply to the Commission and the applicants whose application was rejected by the Commission could bring their case to the competent administrative courts. The Government reiterated that a dismissal through a decree with the force of law was a measure applied only during the state of emergency and all of the judicial recourse avenues are open against the decisions of the Inquiry Commission through the judicial system, including the Constitutional Court of Turkey and the European Court of Human Rights. The Inquiry Commission’s period of office is renewable by one year after the initial two-year period. Hence, the operation of the Commission will continue until its work has been fully carried out. All dismissed public servants, including trade union representatives, have the right to apply to the Inquiry Commission for a review of their dismissals; the only exception being the members of the judiciary whose application should be made to the judicial bodies indicated in the relevant decree and law. The Commission’s activities can be followed by the public through its announcements on its web page. The Government emphasized that the Commission undertook its work with no other intention than to protect the democratic constitutional order, the rule of law and the rights of individuals and works in a transparent manner respecting the rights of individuals. According to the Government, due process of law was functioning well and every dismissed public servant had access to legal remedies.

The Government further explained that following the examination, the Commission may dismiss or accept the application. In case of acceptance of the application concerning those who were dismissed from the public service, profession or organization, the decision is notified to the public organization/institution where the applicant was last employed for his/her reinstatement within 15 days. In case of a rejection, the applicant can have recourse to the competent administrative courts. With regard to burden of proof, the Commission demands from the relevant institution to submit the documents and information showing the applicant’s membership, affiliation or connection to a terrorist organization. If no such document and information is provided and no investigation or prosecution exists about the applicant, then the Commission accepts the application for reinstatement. The decisions of the Commission are transmitted to the relevant institution or organization, which then appoints the person whose reinstatement was pronounced. The Council of Judges and Prosecutors may bring an annulment action before the Ankara Administrative Court against the decision of the Commission and the relevant institution or organization within a period of 60 days as from the date of notification of the decision. The Committee notes in this respect that in its supplementary report, the Government indicates that six Ankara Administrative courts are designated to deal with annulment cases.

The Committee further notes that in its supplementary report, the Government reiterates that apart from its seven members, the Commission employs a total of 250 persons, 80 of whom are judges, experts and inspectors employed as rapporteurs. Following the establishment of a data processing infrastructure for the application process, the information on the applications received from 20 institutions and organizations has been recorded in this system. The Government further indicates that a total of 490,000 files, including personnel files, court files and former applications, have been classified, registered and archived.

The Government informs that 131,922 measures were taken through the state of emergency decrees, including the dismissal from public service of 125,678 persons. As of 2 October 2020, the Commission pronounced itself on 110,250 applications out of 126,200 applications received; 16,050 applications are still pending. Among these 110,250 applications for which a decision was made, 12,680 were accepted for reinstatement and 97,570 were rejected.

The Committee recalls that the Government had previously indicated that no statistical information is available on the number of trade union representatives affected and the number of applications to the courts.

The Committee recalls that Article 1 of the Convention requires the effective protection of workers’ representatives against dismissals based on their activities as a workers’ representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements. The Committee further recalls that in this respect that it had requested the Government to ensure that the dismissed workers’ representatives did not bear alone the burden of proving that the dismissals were discriminatory. While noting the updated information provided by the Government in this respect, the Committee once again requests it to provide further details on the handling of cases where workers’ representatives allege before the Inquiry Commission or the administrative court that they were subject to a dismissal based on their legitimate trade union activity or affiliation. The Committee notes with regret that no statistical information is available on the number of trade union representatives affected and the number of applications made by them to courts and points out that this information is crucial in order to assess whether the protection of workers’ representatives afforded by the Convention is effectively ensured. Noting the detailed and updated information provided by the Government regarding the data processing system established for the purpose of the Inquiry Commission, the Committee urges the Government to take the necessary measures in order to ensure that it allows retrieving information on the number of trade union representatives affected. The Committee once again requests the Government to provide this information and to indicate, in particular, the number of trade union representatives reinstated following the decision of the Commission and the number of appeals to the administrative courts, as well as the outcome of such appeals.

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).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that the Time Bound National Policy and Programme Framework for Prevention of Child Labour (2005–2015) was in the process of being updated, and therefore requested the Government to provide information in this regard, as well as to strengthen its efforts to ensure the elimination of child labour.

The Government indicates in its report that the Time Bound National Policy and Programme Framework for Prevention of Child Labour 2005-2015 was renewed in 2016 under the name “National Programme on the Elimination of Child Labour”, which has been implemented since March 2017, for the period 2017–2023. The main objective of this Programme is to prevent and eliminate child labour, especially the worst forms of child labour. It includes comprehensive measures such as measures to eradicate poverty, to improve the quality and accessibility of education, and to enhance awareness. The Government further indicates that the Monitoring and Evaluation Board for Eliminating Child Labour, which meets twice a year, is responsible for monitoring and evaluating the National Programme and its Action Plan.

The Committee notes the statement in the communication of TISK that the Action Plan associated with the National Programme on the Elimination of Child Labour 2017-2023 contains, in addition to the above measures, measures aimed at implementing and updating legislation; strengthening existing institutional structures and creating new ones; and widening the social protection and social security net. TISK also indicates that a Joint Declaration to Combat Child Labour has been signed by six ministries including the Ministry of Family, Labour and Social Services, seven social partners, and the ILO, in order to ensure that all children are protected from child labour and its worst forms, through access to education, employment of adult family members, and the extension of social protection. In addition, TISK indicates that in the framework of the National Employment Strategy Action Plans (2014–2023), it is provided, inter alia, that (i) annual plans will be developed to combat child labour; (ii) activities will be organised to raise awareness on child labour at the national and local levels, including among families; and (iii) a monitoring system on child labour will be set up to ensure coordination.

In its report formulated under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that units for combating child labour were established in 81 provinces under the Provincial Directorates of Labour and Employment Agency.

The Government states in its supplementary information that a survey on child labour has been conducted by the Turkish Statistical Institute and was published on 31 March 2020. The Committee notes from this survey (Statistics on Child 2019 of the Turkish Statistical Institute) that 146 000 children aged 5-14 years, representing 1.1 per cent of this age group, were engaged in economic activities and that 28 per cent of these children (41 000) did not attend school. In addition, the Committee notes that 32 000 children aged 5–11 years, representing 0.4 per cent of this age group, were engaged in economic activities. Children worked in sectors including services and industry (pages 113, 114 and 116). While duly noting the Government’s efforts, the Committee requests it to continue to take measures to ensure the progressive elimination of child labour in all sectors. It also requests the Government to provide information on the implementation of the National Programme on the Elimination of Child Labour 2017-2023 and its Action Plan, as well as of the National Employment Strategy Actions Plans 2014-2023. Lastly, it requests the Government to provide information on the activities of the units to combat child labour as well as the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.

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).

Article 8 of the Convention. Artistic performances. The Committee previously noted with satisfaction the amendment of section 71 of the Labour Law, according to which children under 14 years of age may work in art, cultural and advertising activities, without harming their physical, mental, social and moral development or interfering with the continuation of education. A written agreement and a separate permit are required for each activity. Concerned children shall not work more than five hours per day and 30 hours per week; and not more than two hours per day and ten hours per week, outside school hours, for children attending preschool and school. The Committee requested the Government to provide information on any progress made regarding the adoption of the implementing regulation, relating to, among others, the work permit, working and resting hours, and working environment and conditions, which will be determined by age groups and types of activity. It also requested the Government to provide information on the progress of the establishment of a monitoring system in this regard.

The Government indicates once again, in its report, that in the framework of the elaboration of the above-mentioned regulation, a working group composed of relevant departments of the Ministry of Family, Labour and Social Services, public institutions and Non-Governmental Organisations has been established. It also reiterates that a monitoring system is planned regarding the granting of work permits and the tracking of each child concerned. The Committee requests the Government to take the necessary measures to ensure that the implementing regulation regarding the participation of children in artistic performances is adopted, pursuant to section 71 of the Labour Law. It requests the Government to provide information in this regard, as well as on the establishment of the monitoring system concerning these children.

Article 9(1). Penalties and labour inspection. The Government indicates in its report formulated under the Worst Forms of Child Labour, 1999 (No. 182), that between January 2016 and May 2019, administrative fines were imposed on 166 employers who were found, during labour inspections, to violate the provisions of section 71 of the Labour Law and the related regulation, on the employment of children. The Government further indicates, in its supplementary information, that between the beginning of June 2019 and the end of May 2020, administrative fines were imposed on employers in 54 workplaces where laws and regulations on the employment of children were not observed. In addition, the Government indicates in its report formulated under the Labour Inspection Convention, 1947 (No. 81), that during scheduled inspections, children and young persons are one of the priority risk groups of labour inspections. In addition to routine inspections, risk-based inspections are planned and implemented for sectors where the number of working children is high. Unscheduled inspections can also be conducted on the basis of complaints regarding children and young persons. The Government further indicates that all assistant labour inspectors must complete a training programme, including on children, before conducting inspections. In addition, training programmes on children’s rights, child labour and the relevant legislation were organised for labour inspectors in 2017 and 2018. The Committee welcomes the measures taken by the Government to combat child labour, and encourages it to pursue its efforts in order to ensure that section 71 of the Labour Law and its related regulation on the employment of children are effectively implemented. In this regard, it requests the Government to continue to provide information on the penalties applied in practice, and where possible, to provide extracts from labour inspectors’ reports, as well as information on the training provided to labour inspectors and assistant labour inspectors regarding child labour.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced begging. The Committee previously noted that the Circular “Prevention of Activities Disrupting Public Order” of 2014 provided for a judicial process applied to individuals who used children for begging in accordance with section 229 of the Penal Code. It requested the Government to provide information on the legal action taken against those responsible for making children work on the street, including the number of prosecutions, convictions and penalties imposed in this regard.

The Government indicates in its report that in 2016, 574 cases of children used for begging were identified and 27 persons were convicted. In 2017, 245 cases were identified in this respect and 66 persons were convicted. In 2018, 373 cases were identified and 81 persons were convicted. The Government further indicates in its supplementary information that from January to June 2019, 217 cases of children used for begging were identified and 30 persons were convicted. The Committee requests the Government to provide information on the specific penalties imposed in cases of children forced to beg, as well as the number of investigations and prosecutions carried out in this regard. It also requests the Government to continue to provide information on the number of cases of forced begging identified and the number of convictions handed down.

Clause(b). Use, procuring or offering of a child for prostitution. The Committee notes the Government’s indication, in its report under the Forced Labour Convention, 1930 (No. 29), that in 2017, 148 persons were convicted under section 227(1) of the Penal Code, which prohibits encouraging, facilitating or mediating a child to engage in prostitution, and 136 persons were acquitted; in 2018, 164 persons were convicted under the same section and 137 were acquitted; and in 2019, 140 persons were convicted and 138 persons were acquitted. The Government adds that in the first half of 2020, 57 persons were convicted under the same section and 41 were acquitted. While taking due note of the Government’s information regarding the number of convictions and acquittals of persons under section 227(1) of the Penal Code, the Committee requests the Government to provide information on the penalties that were imposed in this regard. It also requests the Government to continue to provide information on the number of prosecutions and convictions in cases of encouragement, facilitation or mediation of a child into prostitution, as well as on the number of investigations carried out.

Article 7(2). Effective and time-bound measures. Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and children at special risk. Syrian refugee children. The Committee previously noted that according to UNICEF, Turkey hosted the largest number of child refugees worldwide, among which over 40 per cent (380,000) were Syrian refugee children missing out on education. It expressed its concern at the large number of Syrian refugee children deprived of education and urged the Government to take the necessary measures to facilitate access to free, quality basic education to these children.

The Government indicates that education services are provided free of charge to the Syrian children residing in the country. The Minister of National Education issued a Circular no. 2014/21 on “Education Services for Foreign Nationals” in order to remove the obstacles related to access to formal education in Turkey. The Government indicates that, according to the data from the General Directorate of Migration Management of June 2020, there were 1,082,172 Syrian school-age children (5-17 years) in Turkey. In addition, 648,919 children (63.29 per cent of the Syrian school-age children) were enrolled in school. Of these children, 337,996 were enrolled in primary school (88.30 per cent), and 226,855 were enrolled in secondary school (75.49 per cent). The Committee further notes the Government’s supplementary information according to which the “Quality Education and Livelihood Support for the Syrians in Turkey within the scope of Temporary Protection Project (CONCERN)”, which started in December 2017 and is planned to continue until September 2020, aims to identify children aged 6-18 years under temporary protection who are out of formal education and to include them in formal education, following the learning of the Turkish language. The children included in the project are also protected against child labour and its worst forms.

The Committee notes the statement in the communication of TISK that the results of research conducted in various regions of Turkey have shown that almost half of Syrian migrant families do not send their children to school out of economic necessity. TISK further indicates that commissions have been set up in the provinces to census Syrian children and identify their needs. As part of this work, leaflets were sent to 81 Provincial Governor’s Offices for dissemination to Syrian families to raise awareness of the problem of child labour and inform them of the services available to Syrian children, including social, psychological, legal and economic counselling and guidance. In addition, a programme entitled “Social Harmonisation Assistance Programme for Foreigners” has been developed by the Ministry of Family, Labour and Social Services, in collaboration with international organisations, to assist Syrians under temporary protection in the country and includes the prevention of child labour.

The Committee also notes that, according to the Global Education Monitoring Report 2020, Turkey extended its conditional cash transfer programme, which has helped improve the secondary enrolment rate among children aged 14 to 17 years, in May 2017, to reach Syrian and other refugee children (page 105). Welcoming the efforts taken by the Government, the Committee encourages it to continue to take measures to ensure access to free basic education for all Syrian refugee children, and to provide information in this regard. The Committee also requests the Government to pursue its efforts to prevent Syrian refugee children from engaging in the worst forms of child labour, and to provide information on the measures that have been taken and the results achieved in this regard.

Clause (d). Children at special risk. Children living or working on the streets. The Committee previously took note of various measures for children living or working on the streets, including: the establishment of social service centres in all provinces to provide protective and preventive assistance for children working on the streets or under risk; mobile teams on the street; economic and social support services for families of children employed on the streets; and measures to ensure the reintegration of children into the education system. The Committee requested the Government to continue its efforts to protect children who live and work on the streets from the worst forms of child labour.

The Government indicates that mobile teams established to identify children living or working on the streets conduct various activities, including: (i) investigating the causes of children living or working on the streets; (ii) referring the child and his/her family to appropriate social services; (iii) bringing out-of-school children into the education system; (iv) removing children from the street and enabling them to reintegrate socially; and (v) providing psychosocial support and awareness-raising activities to the children’s families. The Government indicates that 11,760 children working on the streets were referred to appropriate social services by 130 mobile teams. It states that the hotlines “Alo 183 Social Support Line” and “156 Gendarmerie Emergency Line” receive reports of children working or living on the streets; children are then rapidly referred to the appropriate services. Recalling that children living or working on the streets are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It also encourages the Government to take the necessary measures to prevent children living on the streets to engage in the worst forms of child labour, and requests it to provide information in this regard.

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).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously urged the Government to take the necessary measures to ensure that the perpetrators of trafficking of children under 18 years of age were prosecuted, and that sufficiently effective and dissuasive penalties were applied in practice. It requested the Government to provide information on the number of prosecutions, convictions, and penalties imposed.

The Government indicates in its report that it introduced numerous administrative and legal measures to combat the trafficking of children under 18 years of age. It states that in the framework of a project to increase the organizational capacity of the women and children sections of the Gendarmerie General Command (2016-2020), training on child abuse and modern slavery were provided to the Gendarmerie staff. The Committee however observes the absence of information in the Government’s report regarding the number of prosecutions, convictions and penalties imposed on perpetrators of trafficking of children.

The Committee notes the indication of the Group of Experts on Action against Trafficking in Human Beings of the Council of Europe (GRETA), in its report adopted on 10 July 2019 concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings in Turkey, that there are reports of refugee and migrant children, including Syrian children, sometimes unaccompanied, being trafficked or at risk of being trafficked for the purposes of sexual and labour exploitation, including begging, in the agricultural sector and in forced criminality (paragraphs 13 and 124). The Committee requests the Government to pursue its efforts to combat the trafficking of children under 18 years of age, including of migrant and refugee children, and to provide further information on the measures that have been taken in this respect. It once again requests the Government to provide information on the specific number of cases of trafficking of children identified, investigated, prosecuted and convicted, as well as the penalties imposed in this regard.

Clause (d) and Article 4(1). Hazardous work and excluded categories of work. In its previous comments, the Committee noted that the Labour Law and the Child Employment Regulation excluded from their scope of application workers in businesses with less than 50 employees in the agricultural and forestry sector, construction work related to agriculture within the framework of the family economy, and domestic service. It noted that the Occupation Health and Safety Law (OSH Law) applied to all workers, including those excluded from the Labour Act, with the exception, inter alia, of domestic workers and self-employed workers. The Government indicated that the Code of Obligations No. 6098 covered domestic service and provided for the obligation of the employers to ensure occupational health and safety at the workplace. The Committee pointed out that children working in the informal economy and the domestic and agricultural sectors constituted high-risk groups who were usually outside the normal reach of labour controls and vulnerable to hazardous working conditions. It urged the Government to ensure that all children under 18 years of age were protected from hazardous work, including those working outside a labour relationship or out of the normal reach of labour controls.

The Government indicates that children working in heavy and hazardous work in Small and Medium-Sized Enterprises were determined as one of the primary target groups of the National Programme on the Elimination of Child Labour (2017–2023) (National Programme). The Committee notes the statement in the communication of TISK that children working on the streets, as well as in agricultural work other than family work and itinerant and temporary agricultural jobs were also determined as priority target groups by the National Programme. This National Programme provides for the modification of the scope of provisions of the Labour Law and the Regulation on Working Conditions in Works Counted as Agriculture and Forestry to cover children working in seasonal agricultural works and enterprises in which the number of workers is 50 or below. The Committee notes that the National Programme also provides for the modification of the Child Employment Regulation in this regard. The National Programme has determined work on the streets, heavy and hazardous work in Small and Medium-Sized Enterprises, and mobile and temporary agricultural work, except for family business, as worst forms of child labour in the country. The National Programme underlines that child labour in seasonal mobile and temporary agricultural labour is one of the most hazardous sectors in terms of occupational diseases and work accidents (page 21). Most children work on a seasonal basis, for four to seven months, leaving their homes to work notably in plant production work such as weeding, cleaning, harvesting, in extreme hot and humid environments. They are exposed to dangers caused by chemical substances, bug bites, back pain, hazards of machinery and equipment, long working hours, and heavy load lifting. In addition, a child’s vulnerability to violence, neglect and abuse can be increased by agricultural work and seasonal agricultural migration (pages 33 and 34).

The Committee also notes, from the Government’s supplementary information, that according to the Statistics on Child 2019 of the Turkish Statistical Institute, published on 31 March 2020, 720 000 children aged 5–17 years were engaged in economic activities, including 30.8 per cent in agriculture. The survey indicates that the risk of accident concerns 6.4 per cent of children engaged in economic activities. On average, 9.1 per cent of children aged 5–17 years engaged in economic activities were exposed to factors negatively affecting their physical health, such as: working in extremely hot/cold weather or in an excessively humid environment for 12.9 per cent of these children; exposure to chemicals, dust, fumes, smoke or gases for 10.8 per cent of these children; as well as working in difficult work postures or work movements and handling heavy loads for 10.1 per cent of these children (page 119). The Committee therefore once again urges the Government to ensure that all children under 18 years of age are protected from hazardous work, including in the agricultural sector, and to provide information on any progress made in this regard. It also requests the Government to provide information on any eventual modification provided for by the National Programme on the Elimination of Child Labour of the scope of the provisions of the Labour Law and related Regulations to cover children working in seasonal agricultural works and enterprises in which the number of workers is 50 or below.

Articles 5 and 7(2). Monitoring mechanisms and effective and time-bound measures. Children working in seasonal hazelnut agriculture. The Committee previously took note of a Pilot Project on the Prevention of the Worst Forms of Child Labour in Seasonal Hazelnut Agriculture until 2018, as well as a Pilot Project on “Testing United States Department of Agriculture’s Application Proposals in Hazelnut Supply in Turkey”, carried out in collaboration with the ILO. It further took note of the Circular “Access to education for the children of seasonal agricultural workers, migrants and semi-migrant families” of 2016, providing for concrete measures regarding the provision of education to the children of migrant workers and semi-migrant families engaged in seasonal agricultural work, in order to protect them from child labour. The Committee however noted the absence of labour inspection activities covering seasonal agricultural work, in particular the activity of hazelnut picking, between 2013 and 2016, and requested the Government to strengthen the capacity and expand the reach of the labour inspectorate in agriculture. It also requested the Government to continue its efforts to ensure that children under 18 years of age are not engaged in hazardous work in the agricultural sector, particularly in seasonal agricultural work and the nut harvest.

The Government indicates that a project entitled “Seasonal Agricultural Workers Project” (METIP) has been developed to eliminate the problems faced by seasonal agricultural workers and their families, including directing their children to education instead of work, and is being carried out successfully. In the framework of this project, a Seasonal Agricultural Information System (e-METIP) has been established within the Ministry of Family, Labour and Social Services in cooperation with the Ministries of Interior, Health and National Education, in order to monitor seasonal agricultural workers, their children, and their children’s school attendance when they are of compulsory school age. As a result of this monitoring, absenteeism has decreased significantly. The Government further indicates in its supplementary information that the children of families working in seasonal agriculture were 21,023 attending school in the academic year 2017–18, 16,247 in 2018–19, and 15,581 in 2019–20 (in the latter academic year, the COVID-19 Pandemic should be taken into account).

The Government also indicates that the project carried out in cooperation with the ILO, entitled “Integrated Model for the Elimination of the Worst Forms of Child Labour in Seasonal Agriculture in Hazelnut Harvesting in Turkey” and implemented in the provinces of Ordu, Düzce, Sakarya and Şanlıurfa, was extended until 2020. It states that training and awareness-raising activities were carried out for families, garden owners and employers, and that many children working in seasonal agriculture were withdrawn from work and directed to education.

The Committee notes the ILO’s information that, in the framework of the “Integrated Model for the Elimination of the Worst Forms of Child Labour in Seasonal Agriculture in Hazelnut Harvesting in Turkey”, 1,022 children were withdrawn or prevented from work through provision of education services during the hazelnut harvesting season of 2018. In addition, children in the seasonal agriculture were provided with on-site education, guidance, counselling and rehabilitation services within social support centres during the hazelnut harvesting seasons in 2018 and 2019 in target provinces of Ordu, Düzce and Sakarya. Taking due note of the measures taken by the Government to reduce child labour in seasonal hazelnut agriculture, the Committee requests it to continue to provide information on the activities and results of the various projects implemented to reduce child labour in seasonal hazelnut agriculture, including information on the activities and results of the social support centres. Noting the absence of information regarding the activities of the labour inspectorate in agriculture, the Committee requests the Government to take the necessary measures to enable labour inspectors to have access to the sites where seasonal agricultural work is carried out, particularly hazelnut harvesting, in order to ensure that children under 18 years of age are not engaged in hazardous work in seasonal hazelnut agriculture.

Article 7(2). Effective and time-bound measures. Clause (b). Provide the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that the 2016 Regulation on Combatting Human Trafficking and Protection of Victims provided for measures to protect and assist child victims of trafficking. In particular, it provided for the presence of psychologists or social workers during interviews with child victims, for the handling of these children by the relevant units of the Ministry of Family, Labour and Social Services, and for access to education services as well as a voluntary and safe return programme for these children. The Committee requested the Government to continue its efforts to provide the necessary and appropriate direct assistance to child victims of trafficking, including their rehabilitation and social integration, and to provide information on the results achieved.

The Government indicates that it closely works with civil society to assist and protect child victims of trafficking. It specifies that in 2016, 33 victims of trafficking under the age of 18 were identified, 36 in 2017 and 56 in 2018. In addition, the Government indicates in its supplementary information that between January and June 2019, 37 child victims of trafficking were identified. It states that victim identification procedures, which are provided for in the Regulation on Combating Human Trafficking and Protection of Victims, are carried out by the Provincial Directorates of Migration Management. The Government further indicates measures that is has taken to protect unaccompanied minors, such as the establishment of Child Support Centres of the Ministry of Family, Labour and Social Services, which provide support and assistance to unaccompanied children aged 13–18 years. The Government also indicates, in its supplementary information, that it has established a Department of Legal Support and Victim Rights as one of the main units of the Ministry of Justice, which aims to support all victims of crime, including victims of trafficking, especially children, as well as to provide them with guidance and to prevent repeated victimization. In this framework, Forensic Support and Victim Services Directorates have been set up and are currently operating in 99 courthouses. The Government indicates that “forensic interview rooms” are in place in 72 courthouses, to ensure that child victims are interviewed in an appropriate environment. The Government adds that, in the framework of various projects carried out in partnership with international organisations in the field of trafficking in persons, two field studies on child trafficking are envisaged.

The Committee takes note of TISK’s statement under the Forced Labour Convention, 1930 (No. 29), according to which the Coordination Commission on Combatting Human Trafficking has been established under the Regulation on Combatting Human Trafficking and Protection of Victims, and has decided to create a working group on children. The Committee further notes the indication of the GRETA, in its above-mentioned report adopted on 10 July 2019, that according to the Turkish authorities, the working group on children met in September 2018 and decided that staff dealing with child victims should be provided with awareness-raising activities and training (paragraph 29). The GRETA also indicated that pursuant to the above-mentioned Regulation, child victims of trafficking were referred to the relevant units of the Ministry of Family, Labour and Social Services (paragraph 33). The Committee requests the Government to continue its efforts to ensure that child victims of trafficking are removed from this worst form of child labour, rehabilitated and socially integrated. The Committee also requests the Government to provide information on the concrete activities of the units of the Ministry of Family, Labour and Social Services responsible for the care of child victims of trafficking, as well as the measures that have been taken by the working group on children of the Coordination Commission on Combatting Human Trafficking. Lastly, the Committee requests the Government to provide information on the activities of the Department of Legal Support and Victim Rights and its Directorates to support child victims of trafficking, and to provide copies of any studies that have been carried out on child trafficking.

The Committee is raising other matters in a request addressed directly to the Government.

Comments adopted by the CEACR: Türkiye

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Seafarers’ Identity Documents Convention, 1958 (No. 108)

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1. Occupational Health Services Convention, 1985 (No. 161)

2. Radiation Protection Convention, 1960 (No. 115)

3. Maximum Weight Convention, 1967 (No. 127)

4. Safety and Health in Construction Convention, 1988 (No. 167)

5. Safety and Health in Mines Convention, 1995 (No. 176)

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

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Occupational Health Services Convention, 1985 (No. 161)

Radiation Protection Convention, 1960 (No. 115)

Maximum Weight Convention, 1967 (No. 127)

Safety and Health in Construction Convention, 1988 (No. 167)

Safety and Health in Mines Convention, 1995 (No. 176)

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Comments adopted by the CEACR: Türkiye

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2021

C055 - CMNT_TITLE

Seafarers’ Identity Documents Convention, 1958 (No. 108)

C098 - CMNT_TITLE

C115 - CMNT_TITLE

1. Occupational Health Services Convention, 1985 (No. 161)

2. Radiation Protection Convention, 1960 (No. 115)

3. Maximum Weight Convention, 1967 (No. 127)

4. Safety and Health in Construction Convention, 1988 (No. 167)

5. Safety and Health in Mines Convention, 1995 (No. 176)

C152 - CMNT_TITLE

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ADOPTED_BY_THE_CEACR_IN 2020

C014 - CMNT_TITLE

C029 - CMNT_TITLE

C029 - CMNT_TITLE

C081 - CMNT_TITLE

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C087 - CMNT_TITLE

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C099 - CMNT_TITLE

C111 - CMNT_TITLE

C111 - CMNT_TITLE

C119 - CMNT_TITLE

Occupational Health Services Convention, 1985 (No. 161)

Radiation Protection Convention, 1960 (No. 115)

Maximum Weight Convention, 1967 (No. 127)

Safety and Health in Construction Convention, 1988 (No. 167)

Safety and Health in Mines Convention, 1995 (No. 176)

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C138 - CMNT_TITLE

C138 - CMNT_TITLE

C153 - CMNT_TITLE

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