Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Referring to its previous observation, the Committee notes the Government's first report on the application of the Convention and the communication of the Confederation of Turkish Employers' Associations (TISK) a copy of which it has provided. Noting the different legislative provisions referred to in the report, the Committee notes in particular that under the terms of the Labour Act (No. 1475), an employer is only required to give a reason for dismissal in cases where that reason would exempt him from the need to give notice, and that the employer is required to give a valid reason only in the case of dismissal of a trade union delegate or representative, in accordance with the provisions of Act No. 2821 respecting trade unions. The Committee recalls in this context that an eemployer is under an obligation under the terms of Article 4 of the Convention to provide a valid reason for any termination of employment. Furthermore, it notes that the report makes no mention of any provision which would allow a worker dismissed for reasons connected with his capacity or conduct to defend himself against allegations that have been made against him, as required under the terms of Article 7 of the Convention. Lastly, the Committee notes that the Government does not indicate whether a specific procedure is applicable in the case of termination of employment for reasons of an economic, technological, structural or similar nature, in accordance with Articles 13 and 14.

In this context, the Committee notes that the Government refers to a Bill which should amend legislation currently in force and ensure application of the Convention, but it provides no information on the contents of this Bill. The Committee recalls that, when the Governing Body at its 268th Session in March 1997 approved the report of the committee set up to examine the representation made under article 24 of the ILO Constitution by the Confederation of Turkish Trade Unions (TURK-IS) alleging non-observance by Turkey of the Convention, it urged the Government to take the necessary measures as soon as possible to give full effect to the provisions of the Convention, in accordance with Article 1. The Committee trusts that the Government's next report will contain information that real progress has been made in this regard.