Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the comments of 3 June 2003 submitted by the Confederation of Progressive Trade Unions of Turkey (DISK) and the reply thereon submitted by the Government. The Committee notes that the Government merely indicates that it asked a group of academicians to prepare a draft study with a view to amending some provisions of Act No. 2821 on trade unions and Act No. 2822 on collective labour agreements, strikes and lockouts, while it does not address the specific issue of court proceedings for the dissolution of DISK. The Committee notes that, according to the Government’s indications, the draft study has been concluded and sent to social partners for their comments. The Government states that the process will result in a draft bill which will address all the points raised by DISK, once it has been enacted.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom. The Committee notes that DISK continues to refer to the suit filed by the Ministry of Labour against the Confederation on the grounds that its officers do not have ten years of service, as well as the required official document to demonstrate their literacy, despite the amendment to article 51 of the Constitution whereby the precondition for the election of union officers concerning years of employment has been removed. According to DISK, the Ministry has sought from the courts the closure of the Confederation. The case is before the Istanbul Fifth Labour Court. DISK also indicates that similar cases have been brought against its affiliates.

The Committee recalls that, in it previous comments on article 51 of the Constitution and section 14 of Act No. 2821 on trade unions, it has underlined that any precondition for election of union officers concerning years of employment should be a matter to be determined by the organizations themselves. While noting that an amendment to article 51 of the Constitution repealed the precondition concerning ten years of active employment, it drew the attention of the Government to the necessity of amending accordingly section 14 of Act No. 2821. In these circumstances, while noting the developments concerning amendments to Act No. 2821, the Committee requests the Government to submit more specific comments in respect of the court proceedings reportedly instituted for the dissolution of DISK. If the grounds for the suit are those described by DISK, the Committee requests the Government to withdraw the suit (as well as any similar suits that may have been brought against its affiliates), so that the right of workers’ organizations to elect their representatives in full freedom is effectively guaranteed, and to keep it informed in this regard. Furthermore, it requests the Government to provide a copy of the draft Bill amending Act No. 2821 and Act No. 2822 as soon as it is available.

The Committee will be addressing the other pending matters in respect of the application of the Convention (see 2002 observation, 73rd Session) at its next meeting when the Government’s report is due. At the same time, it will examine the new Labour Law, No. 4857, adopted on 22 May 2003.