Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee takes note of the information provided in the Government's first report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) and by the Turkish Confederation of Employers' Associations. It also notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1810 and 1830 (303rd Report of the Committee, approved by the Governing Body at its 265th Session (March 1996)).

The Committee notes that Act No. 2821 respecting trade unions protects shop stewards appointed by the trade union authorized to bargain collectively and trade union representatives from various types of anti-union discrimination. It further notes the comment made by TURK-IS that, where the authority to bargain collectively has not yet been assigned, workers' representatives chosen among the workers themselves are not protected. The Committee would recall in this respect that Article 3(b) define workers' representatives under the Convention as persons recognized as such under national law or practice, including representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognized as the exclusive prerogative of trade unions in the country concerned. The Government is requested to indicate whether such workers' representatives in this sense of the term exist and, if so, the manner in which they are protected from prejudicial acts based on their status or activities as workers' representatives in accordance with Article 1 of the Convention.

As concerns the comments made by TURK-IS that workers' representatives in public sector trade unions do not benefit from the protection called for under Article 1 of the Convention, the Committee refers the Government to its comments under Convention No. 151.