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

Labour Relations (Public Service) Convention, 1978 (No. 151) - Türkiye (Ratification: 1993)

Other comments on C151

Observation

2015
2005

Direct Request

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The Committee notes the observations made by the Confederation of Public Employees’ Trade Unions (KESK) received on 1 September 2014 and the Government’s response thereto, as well as the observations from the KESK under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 4 September 2015 touching upon some elements of this Convention. It further notes the obervations of the Turkish Confederation of Employers’ Associations (TİSK) on the application of the Convention received on 19 November 2014.

Article 4 of the Convention. Acts of anti-union discrimination. In its previous comments, the Committee, having noted that Act No. 4688 (Public Servants Employees’ Unions Act) did not comport sufficiently dissuasive sanctions, had requested the Government to provide information on cases in which sanctions to enforce provisions prohibiting anti-union discrimination had been imposed. The Committee notes the Government’s indication that such acts are penalized by section 118 of the Penal Code (Act No. 5237) which provides for penalties of imprisonment. The Government further refers to circulars that have been published on the non-obstruction of trade union activities and provides a copy.

As regards KESK’s specific allegations that disciplinary inquiries are regularly carried out against its members and leaders, the Government states that all cases were brought before the courts on charges of terrorism and that none of the unionists have appealed to the Ministry of Labour and Social Security alleging that the investigations have taken place due to their trade union activity. The Committee further notes, however, a number of detailed allegations made by the KESK related to anti-union treatment, mobbing, dismissals and disciplinary actions, which it claims were targeted at its members in a variety of public services. The Committee requests the Government to provide specific information in reply to the KESK observations.

Article 7. Procedures for determining terms and conditions of employment. The Committee notes with interest the Government’s indication that following the Constitutional amendment adopted by the referendum on 12 September 2010, the right to conclude collective agreements was granted to public agents. The Government adds that, as a result, amendments were made to Act No. 4688 by Act No. 6289 of 11 April 2012 which ensures a system of free collective bargaining for public servants. While the KESK raises concerns about the use of compulsory arbitration, the Government indicates that such a system is only used once the procedures for collective bargaining have failed. The Committee requests the Government to provide information on the number of collective agreements concluded in the public service since the introduction of the amendments to Act No. 4688 and their overall coverage.

Finally, with regard to the procedure of collective bargaining in the public service as regards public servants not engaged in the administration of the State, the Committee refers to its observation on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).