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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report received by the Office on 31 October 2007 in reply to its previous comments as well as the observations of the Turkish Confederation of Employers’ Associations (TISK) provided subsequently by the Government.

Articles 2 and 23 of the Convention. Developments in the scope of labour inspection. In its 2006 observation, the Committee requested the Government to continue providing information on: (i) the progress achieved in extending the coverage of the labour inspection system so as to also protect workers engaged in establishments in the informal sector; and (ii) the practice of inspection by geographical area and by sector. It observes that the Government has not provided the information requested, but that the TISK continues to deplore the absence of records of labour inspections and updated statistics. The employers’ organization considers that it is not possible to target labour inspection on unregistered enterprises, as they have not been identified. The Government is requested once again to provide information on the measures adopted to extend the scope of the labour inspection system to include establishments in the informal economy, with an indication of the manner in which the identification of these establishments is ensured or envisaged. It is requested to keep the Office informed of any difficulties encountered and, where appropriate, the measures envisaged or adopted to overcome them.

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. According to the TISK, 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 TISK 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 TISK 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. The Committee notes that, according to the Government  the Labour Inspection Council of the Ministry of Labour and Social Security has undertaken 17 tripartite projects since 2004 covering both occupational safety and health, and the application of general labour legislation. The Government indicates that, during the implementation of an inspection project, the social partners are informed and consulted concerning professional developments. Furthermore, reports on the results of inspection projects are published and made available to the social partners concerned. The Committee however notes that the Government does not provide sufficient details in this respect. It would be grateful if the Government would indicate the purpose, frequency and arrangements for this tripartite collaboration and provide information on its impact in terms of the objectives of labour inspection.

Article 3, paragraph 1(a) and (b), and Articles 10, 11 and 16. Human and logistical resources of the labour inspectorate necessary for the discharge of its duties. In its previous comment, the Committee referred to the comments of the Confederation of Turkish Trade Unions (TÜRK-IS) and requested the Government to indicate the manner in which it envisaged strengthening the staff, transport facilities and equipment necessary for the effective discharge of inspection functions. The Government announces the allocation of financial resources for the recruitment of inspectors. It adds that labour inspectors have access at all times to all existing transport facilities for their professional travel, and that a budget is envisaged and reserved for the purchase of portable computers. The Committee requests the Government to indicate developments in staff numbers and prospects in this respect, as well as changes in equipment, resources and transport facilities made available to labour inspectors during the period covered by the next report.

Article 3, paragraph 1(a) and (b), and Articles 17 and 18. Labour inspection activities. Balance between the function of inspection, on the one hand, and technical advice and information, on the other. The Committee notes that labour inspectors through inspections at the workplace raised 29,245,439.43 Turkish New Lira (TRY) in 2005 and TRY30,438,285.53 in 2007 in fines. Furthermore, they referred 7,843 cases of violations to the Public Prosecutor in 2005 and 5,327 cases in 2006. The TISK considers that the inspection system is principally repressive, with labour inspectors hardly discharging their preventive functions, namely the provision of information and technical advice. It also regrets that inspectors do not always have the necessary technical equipment for their investigations and that their reports of violations are drawn up rapidly and without a scientific basis, which can have serious consequences for employers. It observes that appeals against the decisions of labour inspectors are most frequently set aside by the courts, which are overworked, even though section 17 of Labour Law No. 4857 provides for the possibility to produce proof to the contrary. The TISK considers that labour inspectors should therefore only use their powers of punishment with care and attention. It its view, practices should be adopted which reward employers that comply with the law and limit intervention by the labour inspectorate in enterprises covered by a collective agreement to cases in which a complaint has been made.

The Committee notes, from the information provided by the Government, that Law No. 4817 affords any person concerned a right to information and that advice is provided upon request either by the Labour Inspection Council or its regional departments, and also by the Communication Unit of the Office of the Prime Minister (BIMER). Information on the application of labour legislation and labour disputes is provided to the social partners through a telephone system “Allo labour”. However, the TISK considers that the system is inadequate and that it should be possible to provide information without a request being made, in a proactive manner. While noting the Government’s indications concerning the various information services available, the Committee draws the Government’s attention to paragraph 86 of its General Survey of 2006 on labour inspection on this subject. In this paragraph, it refers to Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), which provides examples of measures for the promotion of continued education intended to inform the social partners of the applicable legal provisions and the need to apply them strictly, as well as the dangers to the life or health of persons and the most appropriate means of avoiding them (clause 1) and appropriate means of workers’ education (clause 2). The Committee encourages the Government to take inspiration from this guidance to develop educational approaches and tools intended to give the best possible effect to Article 3, paragraph 1(b), of the Convention and asks it to inform the ILO of any progress achieved in this respect.

Improvement of the labour inspection system in the field of occupational safety and health. The Committee notes the information provided by the TISK concerning the development of an inspection policy based on prioritizing sectors and establishments that are at risk and involving the regular redefinition of the relevant criteria with a view to improving the supervisory techniques and methods of labour inspectors, their training and their capacity to issue appropriate recommendations. The Government is requested to provide information on the impact of this policy on the occupational safety and health situation in the industrial and commercial workplaces covered by the Convention, including the level of application of the relevant legislation and the number of accidents and cases of diseases that are occupational in origin. The Committee would be grateful if the Government would also provide data on the prosecutions made against employers which are at fault or in violation in the above fields and on the penalties imposed during the period covered by the next report.

Labour inspection and child labour. With reference to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes the information provided by the TISK reporting the conclusion between the TISK and the TÜRK-IS on 12 December 2005 of a collaboration agreement to contribute to the implementation of the social collaboration project to combat child labour and the time-bound policies and programmes in the province of Adana. This collaboration takes the form of the establishment of an office responsible for the education of children, their families and employers, and for the provision of appropriate training in several regions and for various sectors. This structure followed the opening by the TISK of a working children’s bureau, which has been operational since April 1999 in three industrial sites. The joint office is reported to have begun providing services to seasonal child workers and street children, as well as those engaged in furniture production. The TISK suggests that this model should be extended to industrial regions of the organized economy and to smaller industrial sites. The objective is to provide health, education and training services to child workers and advice to adult workers and employers throughout the country. According to the TISK, as 87 per cent of children who work do so in small-scale workplaces (one to nine workers), measures should be designed to combat illegal employment in those enterprises.

Recalling that, in accordance with Article 3(1)(a) of the Convention, legal provisions relating to conditions of work include those respecting the employment of children and young persons, and with reference to its 1999 general observation on this issue, the Committee hopes that the Government will rapidly take the necessary measures at the various levels of social policy with a view to bringing an end, with the active collaboration of the labour inspectorate, to the illegal employment of these categories of particularly vulnerable workers, while at the same time guaranteeing their integration or reintegration into school. The Committee requests the Government to provide information on these measures and on the specific role attributed to labour inspectors in this area by the projects implemented in the context of cooperation with the ILO/IPEC programme. It would also be grateful if it would provide relevant statistics on the ten-year project to combat child labour, 2005–15, referred to in its report.

Article 6. Status and conditions of service of labour inspectors. The Committee notes, from the information provided by the TISK, 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.

Article 7. Aptitude of labour inspectors and specific training for the discharge of certain functions. According to the TISK, between June 2005 and July 2007 significant progress was achieved in reforming social security schemes. However, the organization regrets that certain of the government services entrusted with responsibility for supervising the legislation which entered into force in May 2006, in contrast with labour inspectors who are duly trained for this purpose, often lack the necessary technical competence and human qualities indispensible for the discharge of their duties. The Government indicates in this respect that in 2006 labour inspectors participated in training seminars for an accumulated duration of 3,914 hours, particularly in the fields of occupational safety and health, personal protective equipment and labour legislation. The Committee requests the Government to provide clarifications on the viewpoint expressed by the TISK regarding the sharing of responsibilities for the supervision of social security legislation and to supply information on the content and regularity of the training provided to inspectors during their employment, and on the number of participants concerned in each case.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.