Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Referring also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes the indication in the 1996 Annual General Report that the need to adopt a new approach to provide speedy, productive and modern supervisory services in the field of working life has become inevitable in the past few years and that the work will be launched on the reorganization of labour inspection services in 1997. The Committee would be grateful if the Government could provide information on the progress made in the process of implementation of such reform.

2. Article 11, paragraph 1. Equipment of offices. The Committee notes the statement in the 1996 Annual General Report that labour inspectors work with a limited number of administrative staff members and that they do not have adequate technological facilities at their disposal. The Committee further notes the indication of the Annual General Report that one of the main goals of the reorganization of labour inspection services is to provide modern facilities for supervisory services and, in particular, the use of computers. The Committee would be grateful if the Government could provide information on any improvement made in the equipment for labour inspectors in accordance with the requirements of the service.

3. Articles 13, 17 and 18. Prosecutions, sanctions, warnings and advice. The Committee notes the Government's indication in its report in relation to proceedings engaged and penalties imposed in 1995 and 1996 through administrative and safety and health inspections, as well as the number of establishments with deficiencies, those ordered to rectify the situation within a reasonable time, or immediately and those ordered to close down operations immediately. In the report the Government indicates that in 1995 in the process of occupational health and safety inspections, penalties were imposed in a total amount of TL13,462,940,000 (TL38,976,270,000 in 1996) and in the process of administrative inspections -- in a total amount of TL44,912,340,000 (TL33,060,825,000 in 1996) making up a total amount of TL58,375,280,000 (TL72,028,095,000 in 1996). In the process of occupational safety and health inspections out of 22,508 establishments with deficiencies 4,151 were fined, 12,203 establishments were ordered to rectify the situation within a reasonable time; 5,690 establishments were notified to make necessary corrections immediately and 14 establishments were ordered to stop their operation immediately (27,093, 3,613, 15,463, 4,362 and 41 respectively in 1996). In the process of administrative inspections 8,208 notifications of offences concerning 1,811 establishments were sent to the office of the public prosecutor (13,194 and 1,760 respectively in 1996). The Committee also notes the Government's statement that the information and figures indicate that the basic aim of the inspection is not to punish employers but to educate them so as to minimize or eliminate, if possible, the risks and the inconveniences they cause, and that it must be apparent that non-compliance with legislation cannot be tolerated forever.

The Committee would be grateful if the Government could indicate whether under the legislation the persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning and whether it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings.

4. Article 20, paragraph 1. Annual general report. The Committee would be grateful if the Government could indicate whether the 1996 Annual General Report was officially published, how many copies were printed and what is the procedure for access to such report by an interested party.