Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Other comments on C081

Observation

Direct Request

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The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Public Workers Associations (Türkiye Kamu-Sen), as well as the observation of the Turkish Confederation of Employers’ Associations (TİSK), all received on 29 October 2015. The Committee also notes the additional observations made by the TİSK, transmitted with the Government’s report. It also notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) communicated with the Government’s report under the Occupational Safety and Health Convention, 1981 (No. 155).

The Committee notes the 2015 conclusions of the Committee on the Application of Standards (CAS) of the International Labour Conference on the application of Convention No. 155, which also relate to labour inspection, in particular concerning the need for an increased number of labour inspections in the area of occupational safety and health (OSH), more effective enforcement of dissuasive sanctions for labour law violations, and improved collection of statistics on the number of industrial accidents and occupational diseases.

Articles 3, 5(b), 10 and 16 of the Convention. Labour inspection and OSH, including in the mining sector and in relation to subcontracting situations. The Committee recalls from its previous comment that the number of inspection visits in the area of OSH had decreased from 19,469 to 11,533 OSH inspection visits between 2011 and 2012 and that several trade unions expressed concern at the insufficient coverage of workplaces by OSH inspections, the widespread non-compliance with preventive OSH requirements and the absence of dissuasive fines, as well as the high incidence of occupational accidents in subcontracting situations. Recalling the conclusions of the CAS in 2015 on the application of Convention No. 155 concerning the need to increase the number of labour inspections, the Committee notes from the statistical information provided by the Government in its reports under this Convention and Convention No. 155 that the total number of OSH inspections increased from 11,533 in 2012 to 14,174 in 2014, and 13,296 inspections in 2015 and that the number of labour inspections in the mining sector increased from 747 in 2012 to 1,391 in 2014 (according to the information in the 2015 annual labour inspection report, in the period from February to November 2015, 978 inspections were undertaken in the mining sector). It further notes the Government’s indication that in 2014, 230 inspections concerning subcontractors and primary employers were undertaken and that this number was 96 in 2015 (concerning 14,913 workers). According to the information provided by the Government in its report under Convention No. 155, it is estimated that more than 19 million people fall within the scope of the OSH Law No. 6331.

The Committee notes that the TÜRK-İŞ, the Türkiye Kamu-Sen and the KESK continue to express concern about the high number of occupational accidents and diseases (including in the mining sector and in subcontracting situations), and that the TÜRK-İŞ calls for revised inspection plans in view of insufficient action to achieve safe working conditions, particularly in subcontracting situations. The Türkiye Kamu-Sen adds that there are almost 2.5 million workers in subcontracting situations and they are especially vulnerable because they are not in a sufficiently strong position to form trade unions. The Committee notes from the information provided by the Government in its report under Convention No. 155 that while the National OSH Policy Document and Action Plan for 2014–18 includes objectives around OSH inspections, no relevant action points are contained in that document. The Committee further notes the information provided by the Government in its report under this Convention that no tripartite agreement was achieved in relation to labour inspection and the monitoring of activities on OSH in mining. Noting the increase in the number of OSH inspections, including in the mining sector, the Committee requests that the Government provide disaggregated statistics on the number of workplaces and workers employed in the different sectors, in particular, in mining and subcontracting, so as to enable it to assess the coverage of workplaces by labour inspection. The Committee is also requested to provide detailed information on the number of OSH inspections undertaken in these workplaces, particularly in the mining sector and in subcontracting situations. The Committee also requests the Government to provide information on the number of industrial accidents and cases of occupational diseases in these workplaces. Noting the efforts made to focus on workplaces with a high incidence of occupational accidents such as those in the mining and the construction sectors, the Committee requests that the Government provide more information on the inspection approach and strategy adopted, including the criteria for determining the inspection objectives and whether these are developed in consultation with the social partners.

Articles 5(a), 7, 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 notes that in its 2015 conclusions, the CAS requested that the Government ensure that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors. The Committee notes that while the Government has not provided specific information on measures taken to give effect to these conclusions, it welcomes the Government’s information that there has been an increase in the fines for non-compliance with the legal obligations in the 2012 OSH Act No. 6331 (through amendments introduced by Act No. 6645 in 2015). Moreover, it notes that the Government provides the requested information on the number of infractions detected and penalties imposed.

Concerning advice and enforcement, the Committee notes the Government’s indication that labour inspectors take a preventive approach during regular inspections, by primarily informing employers as to how to eliminate detected violations, rather than immediately initiating criminal proceedings. The TİSK reports the opposite situation, stating that labour inspectors have increasingly adopted an inflexible punitive approach, and calls for an increase in preventive activities, in conformity with the approach contained in the OSH Act No. 6331. The Committee further notes from the observations made by the KESK under Convention No. 155 that according to statements made by the Government, inspections in response to a complaint adopt a non-punitive and accommodating approach.

In this respect, the Committee emphasizes that an appropriate balance needs to be struck between the advisory functions of labour inspectors aimed at preventing occupational accidents and diseases, and sanctions, which remain an important element for effective labour law compliance. Highlighting the importance of the advisory functions of labour inspectors to make employers and workers aware of their rights and obligations, the Committee also recalls that the possibility of sanctions, where these are merited and warranted to deter future violations, constitutes an important component of any preventative strategy. The Committee requests that the Government provide specific information on the measures taken and the compliance strategy pursued to address the conclusions of the Conference Committee concerning the effective enforcement of dissuasive sanctions. In this regard, it requests that the Government provide information on the impact of the increased fines for OSH violations. The Government is also requested to provide detailed statistical information on the number of OSH infringements detected during inspection visits in general and in the mining and subcontracting sectors, the areas to which they relate and the corrective measures or penalties issued as a result (administrative fines, referral to the courts, convictions and acquittals, etc.).

The Committee also once again requests that the Government provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the justice system (such as the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate, training sessions, etc.) to provide for more effective enforcement in the area of OSH.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. In its previous comment, the Committee noted that the total number of labour inspections had significantly decreased between 2010 and 2012 which, according to the Government, was the result of the introduction of a proactive inspection approach, which has caused each inspection to take more time. The Committee also noted the observations made by the TÜRK-İŞ and the Confederation of Progressive Trade Unions of Turkey (DİSK) that the number of labour inspectors was insufficient to ensure a deterrent effect through inspections and penalties. In this respect, the Committee noted an increase in the number of labour inspectors from 840 to 1,020 (between 2011 and 2013), as well as the information that new labour inspection posts had been approved and were in the process of being filled.

The Committee notes from the information provided in the 2015 annual report that in October 2015, there were a total of 974 labour inspectors (572 specializing in OSH, and 402 specializing in working conditions) of which 215 were women inspectors. The Committee notes that recruitment of an additional number of 61 labour inspectors is expected to be completed in 2016. The Committee notes from the Government’s indications made in its report under Convention No. 155 that it is proposed to increase the total number of labour inspectors to 1,216. The Committee also notes the observations made by the TÜRK-İŞ that labour inspections directed at detecting child labour are inadequate. The Committee requests that the Government provide information on the number of labour inspectors (including their specialization), as well as the number of vacant labour inspection posts and the progress made in filling these vacancies. It encourages the Government to ensure that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. In this respect, it requests the Government to provide information on the total number of labour inspection visits from 2010. The Government is also requested to provide detailed information on the activities undertaken by the labour inspectorate to combat child labour.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the detailed information provided by the Government in reply to its previous request concerning the measures envisaged in the framework of the 2014–18 OSH Policy and Action Plan to improve the notification of occupational accidents and diseases. In this respect, it refers to its comments concerning the application of Article 11(c) of Convention No. 155.

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