Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C081

Observation

Direct Request

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The Committee notes the comments made by the Confederation of Turkish Trade Unions (TÜRK-IS) dated 17 May 2011 which were received with the Government’s report on 8 November 2011.

Articles 2, 3(1) and (2), 10, 11 and 16 of the Convention. Labour inspection activities in the informal economy. 1. The Committee notes that the brief data provided by the Government do not include the information previously requested by the Committee on the content and results of the Action Plan for the Strategy to Combat the Informal Economy nor the text of the Social Insurance and General Health Insurance (SIGHI) Act, section 59 of which requires inspection officers to determine whether or not employees are insured, and submit to the social security institution within a maximum of one month the names, citizen ID numbers and wages of those who are employed without insurance. Moreover, no data is provided on the number of unregistered workplaces and uninsured workers, as previously requested. The Committee requests the Government once again to provide a copy of the SIGHI Act in its amended version as well as information on the content and results of the Action plan to combat the informal economy. It further requests updated statistics on the number of cases notified to the social security institutions and the kind of follow-up given by the labour inspectors and the social security institutions including any positive incentives to ensure the regularization of undeclared workers.

2. The Committee notes from the brief data communicated by the Government that despite the existence of the Action Plan for the Strategy to Combat the Informal Economy, the overall number of inspections decreased from 56,095 in 2009 to 46,969 in 2010, while the most important decrease concerns the social inspections (from 36,386 in 2009 to 29,685 in 2010). It also notes that according to the Confederation of Turkish Trade Unions (TÜRK-IS), labour inspectors generally carry out inspections following complaints. The Committee requests the Government to identify the reasons for the decrease in the number of inspections and the proportion of complaints-based inspections in relation to the total number of visits.

The Committee notes moreover with interest from the Government’s report the introduction of a new inspection approach in 2010–11, which consists in planning inspections in function of risk, sector or area, and which is also based on the negotiation of inspection priorities with other public bodies, social partners and relevant professional interest groups. The Committee requests the Government to describe the impact of the new inspection approach in planning targeted labour inspection visits, explain how the negotiation of inspection priorities works in practice, identify these priorities and the bodies involved in the negotiations and communicate the relevant legal texts.

3. The Committee notes with interest that Act No. 6111 creates 1,000 new posts for labour inspectors which are in the process of being filled. In addition, the current number of labour inspectors was 840 at the time of the report, while an additional 137 labour inspectors were under training and 32 were to be appointed in 2011. According to TÜRK-IS, even though this increase is a positive development, a further increase of labour inspectors is indispensable in order to combat irregular employment effectively. The Committee requests the Government to indicate the progress made in appointing assistant labour inspectors to fill in the newly created posts, and to specify the number of existing labour inspectors and senior labour inspectors broken down by province.

4. The Committee also notes that the Government has not made any observation on the previous comments of the Turkish Confederation of Employers’ Associations (TISK) which criticized the expanded powers of labour inspectors in verifying subcontracting employment relationships and authorizing short-term employment relationships due to the general economic crisis. The Committee requests the Government to communicate data on the activities of the labour inspectorate in relation to subcontracting and short-term work as well as the results obtained in terms of fighting collusion and protecting workers’ rights in this context.

Articles 3(1)(b), 5(b), 13, 14, 16, 17 and 18. Preventive and enforcement activities in the area of OSH. The Committee takes note of the information provided by the Government in reply to an observation by TISK concerning the balance between proactive measures and sanctions. The Government indicates that the improvement of information and awareness levels by employers and workers is one of its priorities and therefore a total of 10,534 representatives of workers, employers and the social partners were trained in seminars, symposia and information meetings and handbooks were prepared for them on several subject matters in the field of occupational safety and health and general working conditions. The labour inspection also carried out campaigns targeting better compliance with employment legislation in the apparel sector, in the tourism sector, health care and retail stores. The Committee takes note of this information.

The Committee notes the information provided by TÜRK-IS, according to which fatal occupational accidents and diseases reported to social insurance institutions increased by 35 percent, from 866 in 2008 to 1,171 in 2009 while the total number of industrial fatal accidents must be much higher. TÜRK-IS suggests that due to globalization, OSH is among the first areas to be subject to expenditure cuts by employers leading to large-scale industrial accidents in several provinces during the last couple of years. The Government refers to various inspection campaigns and trainings conducted from 2009 to 2010, targeting the improvement of OSH in the construction and mining sectors, and in relation to explosives. The Committee requests the Government to indicate whether the new inspection approach mentioned earlier on, has facilitated the identification of high risk sectors and the planning of visits leading to preventive and enforcement activities by the labour inspection. It requests the Government to communicate data on the number of visits, the preventive measures ordered such as injunctions with immediate effect in case of imminent danger to the health and safety of the workers, violations found and sanctions and penalties imposed in the area of OSH broken down by sector and province, as well as the evolution of industrial accidents and cases of occupational disease.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. The Committee notes that the Government has once again not provided any information on the comments made by TISK in 2007 concerning the transfer of inspection duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities, thereby raising obstacles to the coordination of labour inspection activities by a central body. The TISK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is often not met, with the result that neither inspection records nor the relevant statistics are up to date.

The Committee notes that Act No. 6111 of 13 February 2011 amended the Labour Law by adding a provision according to which grievances arising from termination of contracts are to be examined by Regional Directorates of the Ministry of Labour and Social Security while complaints of workers with ongoing employment contracts are to be examined by the labour inspectors. The Committee requests the Government to provide clarifications on the aim and effect of this provision, and supply detailed information on any measures adopted or envisaged to improve the exchange of information between inspection services and regional directorates as well as their impact on the compilation of statistics by the Labour Inspection Board.

Moreover, with reference to its 2007 general observation, the Committee requests the Government to provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the repeated statements by TÜRK-IS according to which labour inspectors should work with total independence, to which the Government has not responded. The Committee requests the Government to provide information on the status and conditions of service of labour inspectors which guarantee their independence of changes of government and undue external influences as required by Article 6.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes that a consolidated annual report for the period under review was not submitted to the Office and could not be found online. The Committee refers to its general observation of 2011 according to which when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. It underlines the importance of making the fullest possible information available on each of the subjects enumerated in Article 21 on an annual basis, including the human resources and institutional, logistical and material means available to the labour inspection, its field of personal competence (enterprises, establishments and other workplaces liable to inspection as well as the workers occupied therein), its means of operation (inspection, notifications of violations or non-compliance, technical advice and information, observations, warnings, the initiation of recommendation of prosecutions, the imposition of penalties) and finally, data on industrial accidents and cases of occupational disease. The Committee requests the Government to indicate the measures taken or envisaged to ensure the preparation and publication in due time of an annual labour inspection report containing the information indicated in Article 21, and its communication to the Office within the deadlines set in Article 20.

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