Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s detailed report received in March 2010, in reply to its 2007 observation. The Committee also appreciates the ongoing contribution of information and views by the Confederation of Turkish Trade Unions (TÜRK–İŞ) and the Turkish Confederation of Employer Associations (TİŞK) on the application of the Convention. The Government indicates that workers’ and employers’ organizations are represented within the unified provincial employment and vocational training boards. Unified boards have important functions which include defining provincial employment and vocational training policies and promoting employment by matching training with employment needs. TİŞK adds that workers’ and employers’ organizations are also represented within the supervisory board which is responsible for monitoring the activities of the boards. The Committee invites the Government to continue to provide information on the active cooperation of employers’ and workers’ representatives in the organization and operation of the Turkish Employment Agency (İŞKUR) and in the development of employment service policy (Articles 4 and 5 of the Convention).

Contribution of the employment service to employment promotion. The Committee notes that, according to the statistics provided by the Government, 1,095,105 unemployed persons were registered at the İŞKUR in 2008, and 1,389,901 as of April 2009. 740,797 employers made use of İŞKUR’s services in 2008 and 209,846 as of April 2009. The Government indicates that İŞKUR is collaborating with social partners to create a system for collecting labour market data. The Government also indicates that recently İŞKUR has been running extensive projects with support from either the European Union or the World Bank. In this regard, TİŞK indicates that the Institutional Transformation Project launched at the end of 2007 was aimed at enhancing the effectiveness and quality of services provided by the institution. As a result of this project, all İŞKUR services were opened to external users. The Committee recalls that the objective of the project for an active employment programme, phase II included the increased visibility of İŞKUR as a service provider and enhanced İŞKUR’s capacity to implement labour market measures for women and young people. The Committee notes TİŞK’s information which indicates that İŞKUR envisages employment promotion through job-guarantee courses and trainings for the unemployed. The Committee invites the Government to continue to supply relevant information, including statistics, on the impact of the activities undertaken by İŞKUR on matching jobseekers and employers.

Article 9. Status and training of employment service staff. The Government indicates that İŞKUR staff is composed of public officials who are recruited in accordance with the respective regulations. TİŞK comments that it would be appropriate for the Government to provide information concerning the training and qualifications of İŞKUR staff and the expenditure incurred in enabling employees to attend training courses. The Committee invites the Government to include information on the training of IŞKUR staff and the results of efforts it has taken to improve financing and access to staff training.

Article 11. Cooperation between the public employment service and private employment agencies. TİŞK indicates that the legislation in force grants private employment agencies the possibility to operate in the labour market in addition to İŞKUR, the aim being to broaden job placement opportunities and to meet the steadily growing need for employment flexibility. The Government indicates that as a result of legislative amendments, non-Turkish nationals are also entitled to start private employment agencies. Moreover, new regulations on private employment agencies were enacted in 2008, which, inter alia, authorized private employment agencies to provide labour market, employment and human resource services in addition to placement services. These developments have increased and enhanced labour market services. The Committee invites the Government to include information on measures taken to secure effective cooperation between the public employment service and private employment agencies.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain up to date information on the application of the Convention, particularly in reply to the points raised in the Committee’s 2007 direct request, which referred to the following matters.

1. Contribution of the employment service to employment promotion. The Confederation of Turkish Trade Unions (TÜRK-İŞ) reiterates, in its comments received in September 2009, the need to enhance the institutional capacity of the Turkish Employment Agency (İŞKUR) through the provision of the necessary financial resources. The Committee invites the Government to supply detailed information on the activities İŞKUR has undertaken following its restructuring. Similarly, the Committee requests that such information be supported by statistics on the number of jobseekers and employers who made use of İŞKUR’s services, and the results of such activities in matching jobseekers and employers.

2. Article 4 of the Convention. Participation of social partners. In its remarks, TÜRK-İŞ recalls that İŞKUR’s General Council is an important platform for the discussion of economic and social policies with the aim of finding solutions that meet social partners’ demands. TÜRK-İŞ also refers to vocational training and employment boards operating at provincial level as being a fundamental tripartite structure. The Committee refers to its comments on the application of Convention No. 122 and asks the Government to supply information on the activities of the vocational training and employment boards and other advisory bodies, and the arrangements that have been made for the cooperation of employers’ and workers’ representatives in the organization and operation of employment service and in the development of employment service policy.

3. Article 9. Status and training of employment service staff. The Committee asks the Government to provide information on the stability, recruitment, training and skills of İŞKUR staff, and the results of efforts it has taken with respect to improving access of its employees to such training activities.

4. Article 11. Cooperation between the public employment service and private employment agencies. The Committee requests the Government to report on efforts made to secure effective cooperation between the public employment services and the private employment agencies, with specific reference to the outcomes of the Project for Active Employment Programme (AIPP).

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Contribution of the employment service to employment promotion. The Committee takes note of the information contained in the Government’s report received in October 2006, in reply to the Committee’s 2004 observation, and the detailed comments and supplementary information provided by the Turkish Confederation of Employer Associations (TİSK), annexed to the report. The Government reports that, over the course of the reporting period, the Turkish Employment Agency (İŞKUR) was restructured which, inter alia, provided for the creation of regional employment agencies in 81 regions. The Committee notes that TİSK considers that the restructuring of İŞKUR was an apt decision and that the duties undertaken by the agency will in time reach their goals. The Committee similarly observes that, in comments provided with respect to Convention No. 122, the Confederation of Turkish Trade Unions (TÜRK-İŞ) has remarked that İŞKUR is the only employment agency in Turkey that has made some advances in recent years, but that the resources available to make İŞKUR more effective and functional in the labour market are inadequate. The Committee notes with interest the abovementioned information and would welcome continuing to receive information on the activities İŞKUR has undertaken so that it might effectively carry out its functions under the Convention. Similarly, the Committee requests such information be supported by statistics on the number of jobseekers and employers which made use of İŞKUR’s services, and the results of such activities in matching jobseekers and employers.

2. Article 4 of the Convention. Participation of social partners. The Committee notes the information provided on the functions of the regional employment councils, and the methods by which representatives of social partners are designated to participate in these councils. The Committee also notes the information provided by TİSK on the establishment of the “Pilot Scheme for Improving Efficiency in Training and Employment”, funded by the European Union, TİSK and TÜRK-İŞ, which aims to increase the efforts directed at the improvement of training and employment services, and seeks to reinforce the ties between training and employment. The Committee notes with interest that, under this scheme, 180 reports by the regional employment agencies were examined, focus group meetings were held between members of TİSK and TÜRK-İŞ, and a seminar was held for 200 representatives of TİSK, TÜRK-İŞ, the regional employment agencies, and other bodies and institutions. TİSK reports that, as well as being the first concrete project to be jointly implemented by the employee unions and the employer associations confederations for the development and implementation of social dialogue, the scheme is also being viewed as an attempt to have a tripartite dialogue with the participation of other representatives from the regional employment agency during the implementation phase. The Committee asks the Government to continue providing information on the operation of the regional employment councils and other advisory bodies, and the arrangements that have been made for the cooperation of employers and worker representatives in the organization and operation of employment service and in the development of employment service policy. In this regard, the Committee wishes to be kept informed of the activities and progress under the aforementioned pilot scheme.

3. Article 9. Status and training of employment service staff. The Committee takes note of the information provided by the Government on the method by which staff of the employment service are recruited, and arrangements for the training of such employees. The Government reports that, in 2005, 1,638 İŞKUR employees underwent training, while efforts were being made to raise this figure in 2006, to 4,200 persons. The Committee asks the Government to continue to provide information on the stability, recruitment, training and skills of İŞKUR staff, and the results of efforts it has taken with respect to improving access of its employees to such training activities.

4. Article 11. Cooperation between the public employment service and private employment agencies not conducted with a view to profit. The Committee notes with interest the information provided on the activities under the Project for Active Employment Programme (AIPP) which seeks to assist İŞKUR in developing a project for cooperation with private employment agencies. To this end, the Government reports that the project seeks to: (a) evaluate the results of the application of national legislation concerning private employment agencies within the framework of Article 11 of the Convention; (b) define principles of cooperation between organizations which undertake similar activities; (c) support İŞKUR in work related to private employment agencies; (d) better use information and data provided by private employment agencies in determining the national employment policy; and (e) identify private employment agencies operation without authorization, and to exchange views as to the measures to be taken. The Committee similarly takes note of the recommendations formulated by, and the future work of, the task force, composed of representatives from the Turkish Employment Agency and the related private employment agencies, created under the framework of the aforementioned project. The Committee requests that the Government continue to report on efforts made to secure effective cooperation between the public employment services and the private employment agencies, and the outcomes of the aforementioned project.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Restructuring of the employment service. The Committee notes the information and statistical data provided in the Government’s report received in September 2004 and the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Turkish Confederation of Public Service Trade Unions (TÜRKIYE KAMU-SEN) and the Turkish Confederation of Employers’ Associations (TISK) annexed to the Government’s report. It notes in particular Act No. 4904 of June 2003 on the Turkish Labour Agency (IŞKUR), restructuring the public employment service, and the new Labour Act No. 4857 of May 2003. The Government states in this respect that IŞKUR, which has been set up in order to promote employment, prevent unemployment and provide unemployment insurance services, should facilitate the application of the provisions of the present Convention. The Committee requests the Government to continue to provide information on the manner in which IŞKUR carries out its essential task, ensuring, in accordance with Article 1, paragraph 1, of the Convention, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and for the development and use of productive resources.

2. Participation of the social partners. The Committee notes with interest that the IŞKUR General Council is composed of representatives of employers and workers who have the task of expressing their opinions on the employment policy to be implemented at national level. It also notes that the social partners are represented on the provincial employment councils, in order to enable IŞKUR to develop appropriate employment policies at regional and local levels. Noting that TÜRKIYE KAMU-SEN declares that the rate of unemployment has been increasing for years owing to inappropriate and confused employment policies, the Committee invites the Government to provide information on the activities of IŞKUR, and particularly of the provincial employment councils, during the period covered by the next report. It also requests the Government to indicate clearly how these advisory bodies are constituted and what procedure has been adopted in appointing employers’ and workers’ representatives (Articles 4 and 5 of the Convention).

3. Status of employment service staff. The Government indicates that IŞKUR staff are subject to the provisions of Act No. 657 on public servants of the State. The Committee notes the comments made by TÜRK-IŞ on the decision of the IŞKUR General Council to improve the conditions of work and quality of training given to staff working in this organization, particularly in the context of an "active labour programme" established with the support of the European Union. It invites the Government to keep it informed of any measure adopted with regard to the stability, recruitment, skills and training of IŞKUR staff (Article 9).

4. Cooperation between the public employment service and private employment agencies not conducted with a view to profit. The Government states that section 90 of the new Labour Code ends the state monopoly over the employment service and authorizes the setting up and functioning, under certain conditions, of private employment agencies. The Committee notes that, according to Act No. 4904, IŞKUR is responsible for supervising the setting up and the activities of private employment agencies and that these agencies are in particular required to communicate every three months to IŞKUR statistical data on job applicants, vacant posts and job placements made, as well as any other information or document which is useful for monitoring the practices in question. In this regard, it notes that TÜRKIYE KAMU-SEN contends that problems might occur with regard to the inspection of private employment agencies and therefore with regard to ensuring effective cooperation between these agencies and the public employment service. The Committee also notes the comments made by TÜRK-IŞ, to the effect that these agencies, the number of which increases every day, can impose charges on employers or candidates for certain posts, and fears that in this period of high unemployment these agencies are exploiting workers. It requests the Government to provide additional information on the measures taken to ensure that cooperation between IŞKUR and private employment agencies is effective within the meaning of Article 11.

5. The Committee invites the Government to refer to its comments this year on the application of Convention No. 96. It draws the Government’s attention to the fact that other matters, directly connected with the application of Convention No. 88, have been raised by the Committee, particularly in its comments on Conventions Nos. 122 and 142 concerning employment policy and training policy.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report, received in September 2001, which included comments by the Confederation of Progressive Trade Unions (DISK) and the Turkish Confederation of Employers’ Associations (TISK).

In reply to previous comments, the Government indicates that Legislative Decree No. 617 had been promulgated by the Council of Ministers in October 2000. However, the Constitutional Court subsequently held Act No. 4588, which had purportedly given the Council of Ministers authority to promulgate laws, to be unconstitutional. The Government has therefore submitted a new draft to the Grand Assembly for consideration. The Government further states that employment institutions will be restructured as part of the European Union entry process. TISK considers it important that the bill to restructure the employment services be brought into effect as soon as possible. The Committee notes this information and would appreciate receiving a copy of the new law once it is adopted.

Articles 4 and 5. The Committee notes that no information has been supplied concerning the operation of advisory committees, in particular representation of workers’ organizations. It also notes the observation of DISK that in their view Articles 4 and 5 are not applied. Please supply further information on the application of these Articles.

Article 9. The Committee again requests information concerning the status and conditions of employment service staff.

Article 11. The Committee notes the comments of TISK that the new Turkish Labour Institute is to cooperate closely with private employment agencies. However, DISK states that private employment agencies may charge fees to top-level managers. DISK also fears that private employment agencies may pose a risk of exploitation of workers in the current climate of high unemployment. Please supply full information on arrangements made to secure effective cooperation between the public employment service and private employment agencies not conducted with a view to profit.

The Committee hopes that the abovementioned points will be kept in mind during the restructuring of employment institutions, and would appreciate receiving further information on how the Convention is applied.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the discussion of the Conference Committee which took place during the 89th Session of the Conference (June 2001). It also notes the information contained in the Government’s report, received in September 2001, which included comments supplied by the Confederation of Progressive Trade Unions (DISK) and the Turkish Confederation of Employers’ Associations (TISK) in Turkish. The Committee will examine the Government’s report and comments of the DISK and TISK during its next session.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report and the information provided by the Confederation of Turkish Trade Unions (TURK-IS) and the Turkish Confederation of Employers (TISK).

Articles 4 and 5 of the Convention. According to the information supplied by the Government, the local advisory committees held five meetings in 1997 and 12 meetings were planned for 1998. The Government also states the provincial work councils have been made operational since 1994 and that they include tripartite participation. However, TURK-IS states that the advisory committee established under section 10 of the Act on the Establishment and Functions of the Placement and Recruitment Office (No. 4837) has not convened since 1972. The Committee requests specific details on which workers' organizations have participated in these meetings, and how their views were taken into account in formulating policies and programmes to carry out the aims of the Convention, as requested in the report form.

Article 9. In reply to the previous request for further information on placement and recruiting office staff independence, the Government states that only a few top officials may be affected by a change of government. However, TURK-IS repeats its allegations that staff are not independent of a change of government. The Committee would appreciate receiving more detailed information on the status and conditions of service of the employment service staff.

Article 11. The Committee notes that a draft bill to restructure the State Employment Agency still has not been adopted. The Government states in its report that the bill will permit the State Employment Agency to license private employment agencies, which TISK supports as it considers the public employment agencies to be inadequate for the contemporary labour market. The Committee would appreciate receiving further details concerning the arrangements made to secure effective cooperation between the public employment service and private employment agencies not conducted with a view to profit.

Further, the Committee notes that while statistical information has been supplied with respect to training courses provided through the State Employment Agency, the Government has not supplied the Committee with any appreciation as to whether this training has been effective in providing employment for such trainees. The Committee therefore requests the Government to supply statistical information on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such agencies, in accordance with Part IV of the report form.

[The Government is asked to report in detail in 2001.]

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

Article 6 of the Convention. Further to its observation, the Committee notes the detailed information supplied by the Government which indicates, among other matters, that an employment and education project of a duration of five years has been implemented since May 1995 in collaboration with the World Bank. The objectives of this project include the modernization of the National Employment Service. Please describe the effect of this modernization on the application of this Article.

Article 9. The Committee also notes that the above project includes the in-service training of 2,000 personnel of the above Office and 1,000 employment consultants. However, the Confederation of Turkish Trade Unions (TURK-IS) renews its observations concerning the absence of provisions ensuring that the personnel of the employment service are independent of changes of government. The Committee requests the Government to indicate the provisions that are applicable in this respect and to transmit copies to the Office so that it is fully able to assess the effect given to the above Article of the Convention. Please also indicate the status and functions of the consultants referred to above.

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

The Committee notes the information supplied by the Government and the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) on the application of the Convention.

Articles 4 and 5 of the Convention. Although noting that TISK considers that the Convention is applied in an appropriate manner, the Committee notes that TURK-IS renews its observations with regard to the non-functioning of the advisory committees provided for by the national legislation (the Act of 1946 on the employment service, as revised). It notes that the Government confirms in its report that these committees are not in operation. In this respect, the Government states that the Bill to modernize the employment service, the adoption of which is still under way, contains provisions to secure the cooperation of the representatives of employers and workers in the employment service. With reference to its previous direct requests and recalling that Articles 4 and 5 of the Convention provide that suitable arrangements should be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and the development of its general policy, the Committee trusts that the Government will take the necessary measures in the very near future to give effect to these provisions of the Convention.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the observations made in July 1994 by the Confederation of Turkish Trade Unions (TURK-IS), which reasserted its previous observations of 1993 concerning the non-functioning of advisory committees provided for by the national legislation. According to the TURK-IS, the above-mentioned committees have not met since 1972. The Committee also notes that these observations were sent to the Government, in August 1994, for such comments as might be judged appropriate. The Committee observes that no response has been received from the Government so far. It therefore requests the Government to refer to the observations made by the TURK-IS in its next report and to make such comments as it considers appropriate in order to enable the Committee to study the questions raised by the above-mentioned organization in substance at its next session.

2. Further the Committee recalls its previous direct request which read as follows:

1. The Committee notes the information provided by the Government in its report. It notes, in particular, that preparations are under way to amend the legislation concerning the national employment service. It would be grateful if the Government would give further particulars in this respect in its next report.

2. The Committee notes the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) on the application of the Convention. While the employers' organization considers that the Convention is properly applied, the union expresses their dissatisfaction with the measures taken by the Government to improve the situation on the employment market in public and private sectors and state that the advisory board provided for by the legislation (section 10 of Act No. 4837 of 25 January 1945) has not been functioning during the past 20 years. The Committee would be grateful if the Government would provide, in its next report, information on the practical working of the advisory board which, according to the legislation, shall hold at least one ordinary meeting a year, and on the arrangements made through this body for the cooperation of employer and worker representatives in the organization and operation of the employment service and in the development of employment service policy, as required by Articles 4 and 5 of the Convention. Please also supply particulars on the practical functioning of the local advisory committees referred to in the report.

The Committee further notes the union's statement to the effect that there is no specific regulation guaranteeing that the employment of service staff is independent of changes of government. It would be grateful if the Government would indicate, in its next report, how effect is given to Article 9, paragraph 1, which provides that "the staff of the employment service shall be composed of public officials whose status and conditions of service are such that they are independent of changes of government and of improper external influences and, subject to the needs of the service, are assured stability of employment".

[The Government is asked to report in detail by 1 September 1995, at the latest.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the information provided by the Government in its report. It notes, in particular, that preparations are under way to amend the legislation concerning the national employment service. It would be grateful if the Government would give further particulars in this respect in its next report.

2. The Committee notes the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) on the application of the Convention. While the employers' organization considers that the Convention is properly applied, the Unions express their dissatisfaction with the measures taken by the Government to improve the situation in the employment market in public and private sectors and state that the advisory board provided for by the legislation (section 10 of Act No. 4837 of 25 January 1946) has not been functioning during the past 20 years. The Committee would be grateful if the Government would provide, in its next report, information on the practical working of the advisory board which, according to the legislation, shall hold at least one ordinary meeting a year, and on the arrangements made through this body for the cooperation of employer and worker representatives in the organization and operation of the employment service and in the development of employment service policy, as required by Articles 4 and 5 of the Convention. Please also supply particulars on the practical functioning of the local advisory committees referred to in the report.

The Committee further notes the Union's statement to the effect that there is no specific regulation guaranteeing that the employment service staff is independent of changes of Government. It would be grateful if the Government would indicate, in its next report, how effect is given to Article 9, paragraph 1, which provides that "the staff of the employment service shall be composed of public officials whose status and conditions of service are such that they are independent of changes of Government and of improper external influences and, subject to the needs of the service, are assured stability of employment".