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

The Committee notes the general report on labour inspection containing information and statistical data on labour inspection activities for 2008. The Committee also notes the comments made by the Turkish Confederation of Employer Associations (TİSK) dated 20 May 2009 and the Confederation of Turkish Trade Unions (TÜRK–IŞ) dated 3 June 2009 with regard to the application of this Convention.

Article 2 of the Convention. Labour inspection in the informal sector. In its report, the Government indicates that, in order to extend the scope of inspection activities to include establishments in the informal economy, section 59 of the Social Insurance and General Health Insurance (SIGHI) Act No. 5510 requires inspection officers to determine during their inspections whether or not employees are insured, and submit to the social security institution within a maximum of one month the names, citizen ID numbers and wages of those who are employed without insurance. The social security institution is responsible for undertaking the necessary legal proceedings based on such notifications. The General Report on Labour Inspection for 2008 indicates that 642 workplaces were inspected, covering a total of 23,574 workers, and 2,996,425 Turkish lira (TRY) of administrative fines were imposed in 179 workplaces, and 962 workers were found not to be insured in 367 workplaces inspected.

In this respect, in its comments of 28 May 2009, the TİSK refers to the adoption of the Action Plan for the Strategy to Combat Informal Economy, published in the Official Gazette No. 27132 on 5 February 2009. The Action Plan was drawn up with a view to creating a comprehensive strategy in which all sectors of society participate with a strong social and political will to raise awareness of the disadvantages of the informal economy, promote the registration of employment, simplify the legislation and procedures, develop an effective monitoring system and system of sanctions, strengthen the sharing of data among institutions and ensure effective coordination among the organizations concerned.

The TİSK also reports that the scope of labour inspection has been broadened and labour inspectors have been given new powers. An important change is the promulgation of Act No. 5763, which modifies paragraph 2 of section 3 of Act No. 4857 (the Labour Code). Under the new provision, a subcontracting employer is required to notify and register his place of employment with the regional directorate, and to include the subcontracting contract together with all the necessary documents. This provision also authorizes labour inspectors to inspect documents concerning the registration of the subcontractor’s place of employment to determine whether they are genuine.

In this respect, the TİSK refers to section 11 of the Regulation on subcontracting relations of 27 September 2008, which provides that the original work may only be divided and subcontracted if expertise is required by the process and the nature of the work and/or for technological reasons. The TİSK considers that section 11 of the Regulation introduces a power that exceeds the purpose and scope of section 3 of the Labour Code, which only authorizes labour inspectors to ascertain the existence of collusion and not to examine subcontracting relationships from the viewpoint of section 11 of the Regulation. The TİSK states that the criteria for exercising this power are so ambiguous that problems may be generated in practice.

Furthermore, the TİSK reports that the practice of short-time employment is steadily spreading. In accordance with the Regulation on short-time work and short-time allowances/benefits of 13 January 2009, employers who apply for the authorization to put their workers a on short-time working scheme due to the general economic crisis or for reasons of force majeure must notify the provincial/district office of the Turkish Labour Institute and the trade union concerned if there is a collective labour agreement. Such applications are promptly examined by the labour inspectors of the Ministry of Labour and Social Security. Where an application is found to be admissible, the dates of the commencement and termination of the short-term employment and a finalized list of workers’ details are sent to the Turkish Labour Institute. The Institute notifies the employer of the results of the investigation and the employer notifies the workers by posting a notice at the place of employment; if there is a collective labour agreement, the employer also informs the trade union that is party to the agreement. The TİSK considers that the Regulation of 13 January 2009 extends the scope of labour inspection in connection with the short-time work and short-time benefits and improves the compatibility of the legislation with the Convention.

The Committee requests the Government to provide a copy of the SIGHI Act in its amended version and to continue providing information on the measures taken to extend labour inspection activities in the informal sector, as well as relevant and updated statistics of unregistered workplaces and uninsured workers. The Committee also requests the Government to provide information on the implementation of the abovementioned Action Plan, and on the results achieved and measures envisaged in that context. Finally, the Committee requests the Government to provide feedback on the viewpoints expressed by the TİSK concerning section 11 of the Regulation on subcontracting and the practice of short-time employment.

Articles 3(1)(a) and 7(3). Training of labour inspectors necessary for the effective discharge of their duties. In its report, the Government indicates that, in order to strengthen the capacity of the Labour Inspection Board for the effective implementation of the new EU legislation in the area of health and safety at work and labour relations, an EU twinning project on improving the labour inspection system in Turkey was launched in January 2008 and completed in October 2009. The Committee notes with interest that during the implementation of the project, training related to the chemistry, metal, construction and mining industries were organized for labour inspectors and the social partners in Turkey by German and Belgian experts, and that general guidelines on the labour inspection system and guidelines on the management of occupational safety and health in the chemical, metal, construction and mining sectors, as well as on social inspection, were prepared. The Government also indicated that all labour inspectors and 76 representatives of the social partners participated in the four-day training course organized for them.

The Committee further notes with interest that, according to the Government, from 2007 until April 2009, labour inspectors participated in training for an accumulated duration of 6,272 hours in the field of occupational safety and health and labour legislation. The Committee would be grateful if the Government would provide more detailed information on the training organized for labour inspectors, particularly on the content, regularity and the number of participants in such training. The Committee would also be grateful if the Government would provide copies of the abovementioned guidelines and any relevant information on their application.

With reference to its 2009 observation, the Committee reiterates its request to the Government to provide clarifications on the views expressed by the TİSK regarding the sharing of responsibilities for the supervision of social security legislation.

Articles 3(1)(b), 17 and 18. Balance between the proactive measures taken and sanctions applied by labour inspectors. In its report, the Government indicates that, from the occupational safety and health perspective, 37,005 inspections were conducted from January 2007 through March 2009, of which 18,383 were general inspections, 2,171 control inspections and 16,451 investigative inspections. Through these inspections, labour inspectors raised TRY15,102,383,00 in fines for occupational safety and health violations and TRY64,325,183,00 for violations relating to the organization of work. The Government indicates that labour inspectors primarily report deficiencies in the establishments inspected using their discretion so that employers can rectify these deficiencies in a certain period of time. If employers do not comply with the instructions of inspectors, an administrative fine is imposed on them. As regards the technical assistance provided to employers and workers, the Committee notes that the Chairman of the Labour Inspection Board provided training on occupational safety and health in 34 workplaces in 2008, while labour inspectors trained engineers, workers and executives at various levels at the Centre for Labour and Social Security Training and Research in the Tuzla shipyard region. Twelve labour inspectors trained 20,000 workers between 17 July 2008 and 29 August 2008 in the Tuzla region.

In this respect, the TİSK reports that one of the purposes of the Action Plan for the Strategy to Combat the Informal Economy is “to strengthen inspection capacities and enhance the deterrent effect of sanctions”. According to the Action Plan, inspections will be carried out more with a view of educating people and increasing their awareness than imposing sanctions. The TİSK considers that effective inspection aimed at encouraging people to act in compliance with the law will reduce losses, as well as the incidence of undeclared work to a minimum, and will eliminate the situation of unfair competition that arises between those who comply with the law and those who do not.

The Committee would be grateful if the Government would provide details on the activities of labour inspectors to provide technical information and advice to employers and workers concerning the most effective means of complying with legal provisions. Moreover, the Committee would be grateful if the Government would provide information on the implementation of the abovementioned Action Plan, as well as a copy of it, and on the effect of the proactive measures taken and sanctions applied by labour inspectors.

Articles 4 and 5(a). Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. Noting that the Government has not provided any information on this subject, the Committee is bound to reiterate its previous request, which read as follows:

According to the TİSK, the transfer of duties from the Ministry of Labour and Social Security to other ministries (Ministry of Health, Ministry of Defence, Ministry of Energy and Natural Resources) and to municipalities constitutes an obstacle to the necessary coordination of labour inspection activities. In the view of the TISK, the dispersion of responsibilities jeopardizes the integrity of inspection and does not allow the necessary coordination under the authority of a central body, as envisaged in the project for intervention against illegal employment prepared by the Ministry of Labour and Social Security. The TISK adds that, although section 95(2) of the Labour Law establishes the requirement to inform the responsible regional authorities of the results of inspections, this requirement is not often met, with the result that neither inspection records nor the relevant statistics are up to date. The TİSK calls for the Government to publish the results of the remedial measures adopted for this purpose.

The Committee observes that neither the Government’s report received in 2007, nor the general report of the labour inspection for 2005 refers to any restructuring of the labour inspection system. The Committee would be grateful in this respect if the Government would provide clarifications, describe the measures referred to by the TİSK to improve the exchange of information between inspection services and supply detailed information on their implementation in practice and on their impact on the compilation of statistics.

With reference to its 2007 general observation, the Committee requests the Government to provide information on any measure implemented to promote effective cooperation between the labour inspection services and the judiciary with a view to the achievement of the economic and social objectives of the labour inspection services.

Article 5(b). Collaboration between the labour inspection services and employers and workers. In its report, the Government indicates that inspection teams in cooperation with workers, employers and/or representative of the employer carry out, in parallel with existing labour inspection activities, “project” inspections covering specific areas, professions and branches of activities or specific risks and issues. The teams plan in detail and determine every aspect of such inspections, their scope, aims and methods of application, including the duration and source of financing. These “project” inspections are implemented within the framework of annual inspection programmes or within the year in accordance with the methods and principles specified in the “Guide for project inspections”. Noting this information with interest, the Committee would be grateful if the Government would provide more information on the activities of such teams, and particularly on their composition and operation, as well as a copy of the abovementioned guide.

With reference to its 2009 observation, the Committee requests the Government to provide more information on the purpose, frequency and impact of the collaboration projects of the Labour Inspection Board with the social partners in terms of the objectives of labour inspection.

Article 6. Status and conditions of service of labour inspectors. Noting that the Government has not provided any information on this matter, the Committee is bound to reiterate its previous request, which read as follows:

The Committee notes, from the information provided by the TİSK, that draft conditions of service for the public service, including a draft text of the specific conditions of service of labour inspectors, have still not been adopted and that labour inspectors are accordingly still covered by a 1979 text. The Government is asked to provide clarifications on this matter and to supply a copy, if possible in one of the working languages of the ILO, of any text that is in force determining the status and conditions of service of labour inspectors.

Articles 10 and 11. Human and logistical resources of the labour inspection services necessary for the effective discharge of their duties. In its report, the Government indicates that between January 2007 and May 2009, 69 new assistant labour inspectors were recruited by the Labour Inspection Board. By May 2009, the total number of labour inspectors was 534, and there were 68 assistant labour inspectors, while the number of staff assisting labour inspectors on administrative tasks was 108. However, according to the General Report on labour inspection for 2008 there were 591 labour inspectors, of whom 306 were responsible for the inspection of administrative and social aspects of labour relations (social inspections) and 285 for inspections related to occupational health and safety (technical inspections). However, table 1 of the General Report for 2008 indicates that the total number of labour inspectors in the Board was 642, of whom 522 were labour inspectors and 119 assistant labour inspectors. It also emerges from table 1(a) of the General Report on labour inspection for 2008 that there are no labour inspectors for technical inspections in Antalya, Erzurum and Samsum administrative provinces, while there is only one labour inspector for social inspections in Zonguldak and two such inspectors in Erzurum Province. In this context, in its comments submitted through the International Trade Union Confederation (ITUC), TURK-IŞ, considers that both the number of labour inspectors and the equipment at their disposal are inadequate. TURK-IŞ considers that in order to make labour inspection effective the first step should be to increase the number of labour inspectors and ensure their absolute independence during their activities.

In this respect, the Government announces that the number of labour inspectors will be increased gradually in future, while according to the TISK, the institutional capacity of the Head of the Labour Inspection Board will be strengthened in 2009–11 with the employment of 118 assistant labour inspectors in 2009 under priority 19.4 of the Turkish National Programme for the Adoption of the Acquis Communautaire, published on 31 December 2008 in Official Gazette No. 27097. As regards the equipment and facilities available to labour inspectors, the Government indicates that all labour inspectors in the Board are already equipped with portable computers and that a fund is reserved for the purchase of portable computers for assistant labour inspectors.

The Committee requests the Government to provide up-to-date information on the total number of labour inspectors employed, their categories and the measures taken to strengthen the inspection staff. Moreover, the Committee requests the Government to take measures to ensure that an appropriate number of inspectors are recruited and assigned to the Antalya, Erzurum and Samsum and Zonguldak administrative provinces. Finally, the Committee requests the Government to indicate the manner in which it is planned to strengthen the logistical resources of the inspection services and to provide detailed information on the transport facilities, and other office and inspection equipment available to labour inspectors.

Labour inspection and child labour. The Committee notes the information provided by the TURK-IŞ that, according to the studies undertaken in the context of the ILO–IPEC Programme, the number of working children aged
6–14 in the industrial sector has significantly decreased in Turkey. The TURK-IŞ proposes that social and economic measures be taken, compulsory education age raised to 12 years, and that local administrations, public and non-governmental organizations carry out projects to prevent child labour on the streets. The Committee also notes the information provided by the TİSK on the opening of a second branch of its Office for Working Children in the Kartal District Vocational Training Centre of the Ministry of Education on 3 May 2007 with the support of the Kartal District (Istanbul) authorities. According to the TİSK, a 15‑month project entitled “Eliminating the worst forms of child labour in Adana Province: Social cooperation to fight child labour” was launched together with the TURK-IŞ on 12 December 2005. As a result of the project, working on the street and in temporary agricultural workplaces, as well as heavy and dangerous work in small and medium-sized enterprises were identified as the worst forms of child labour in Adana Province. The TİSK and TURK-IŞ Social Support Centre for Working Children was opened in Adana on 23 May 2006 in the context of the project. The project made it possible to stop the employment of 345 children and provide medical treatment to 126 children. Although the project ended on 30 March 2007, the TISK continues to finance the health and educational programme of the Centre for Working Children, as it does in the TISK offices for working children.

The Committee requests the Government to provide more information on the measures taken and/or policies designed by the Government to combat illegal recourse to child labour and to promote education among young workers. The Committee also requests the Government to provide information on the specific role of labour inspectors in combating child labour and relevant statistics on the ten-year project to combat child labour, 2005–15, referred to in its previous report.