Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 281, Marzo 1992

1. 223. This complaint is contained in a communication from the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) dated 17 May 1991. The Government replied in a communication dated 24 January 1992.
2. 224. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); however, it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 225. In its communication of 17 May 1991, the complainant alleges that workers employed in Turkey's public sector banks do not have the right to organise in trade unions at all. About half of the 160,000 employees in the banking sector in Turkey work in public sector banks; the other half is employed in private sector banks.
2. 226. As for the private-sector bank workers, they have the right to organise in trade unions but they are explicity denied the right to strike under Law No. 2822 on collective agreements, strikes and lockouts (Articles 29, 30 and 31). Collective agreements in the private sector are signed on a bank-by-bank basis. The unions are severely hampered in their ability to improve working conditions because they cannot strike and they are forced into compulsory arbitration. The unions have no confidence in the arbitration system, where it is claimed that the employers and government have a majority and cases take a long time to be processed.
3. 227. The complainant stresses that a number of complaints were lodged against the Government of Turkey and that the Committee on Freedom of Association and the Committee of Experts have repeatedly criticised Turkey, calling for reforms in the labour laws. In this complaint, FIET has the express support of its three affiliates in the banking sector in Turkey, BASISEN, BASS and BANKSIS.

B. The Government's reply

1. 228. In its reply of 24 January 1992, the Government states that, inspired by the modern approaches to the socio-economic and political issues, the Government is determined further to liberalise and democratise the current legislation in general, and the labour legislation in particular. This determination is reflected in the Government Programme presented before the Grand National Assembly. To be more precise, the Government intends to take necessary legislative steps with a view to providing trade union rights and freedoms for public employees, including those employed in the banking sector. To this end, special reference has been made in the Government Programme to the harmonisation of the current trade union rights with the standards and principles of the ILO.
2. 229. In relevant parts, the Government Programme of 25 November 1991 states as follows:
   • (The Turkish Constitution ...) will provide for all the conditions of a participatory democracy ..., and for human rights, individual rights and freedoms and trade union rights as accepted in the most advanced countries...
   • We suggest the formation of such a constitution as a result of a consensus reached among the concerned organisations in the country, our people and above all the political parties. We firmly believe that "consensus" must be a basic condition if constitutions are to last...
   • Trade union rights will be institutionalised in conformity with ILO standards. Employer-employee relations will be brought to a level which will improve social security and strengthen social peace in Turkey...
   • Special importance will be given to the preservation of labour and peace in employer-employee relations...
   • Necessary legislative adjustments will be made to ensure trade union rights and freedoms for civil servants. Necessary initiatives will be launched for the constitutional aspect of the matter.
   • (Emphasis added.)
3. 230. The Government adds that it has already initiated a process with a view to ratifying the Freedom of Association and Protection of the Right to Organise Convention (No. 87) and the Labour Relations (Public Service) Convention (No. 151).
4. 231. The Government will communicate to the Office any further information on the achievements in this respect.

C. The Committee's conclusions

1. 232. The Committee notes that the allegations in the present case concern: (1) the denial of the right of association to workers in the public sector banks; and (2) the denial of the right to strike for workers in the private sector banks, and compulsory recourse to arbitration.
2. 233. The Committee notes with interest the Government's communication and its stated intentions as regards the changes to be made in the legislation in general and in the labour law in particular. It observes that, in its programme presented to the Grand National Assembly, the Government expresses a firm commitment to take necessary steps in providing trade union rights and freedoms for public employees, including those employed in the banking sector, and that special reference is made in the Government's Programme concerning the harmonisation of trade union rights with ILO standards and principles.
3. 234. The Committee notes that the above-mentioned problems or related issues have been raised for quite some time, both before this Committee and the Committee of Experts. However, given the unequivocal statements of principles embodied in the Government's programme, the Committee will limit itself to recalling the importance it attaches to the freedom of association principles according to which all workers without distinction whatsoever, regardless of their legal status, including public officials, have the right to establish and join organisations of their choosing, and the right to strike is one of the essential means through which workers and their organisations may promote and defend their economic and social interests. The Committee further recalls that workers in the banking sector cannot be considered as being employed in essential services (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 402). The Committee therefore requests the Government rapidly to take measures to amend the provisions of current legislation which contravene these principles, with a view to guaranteeing all bank workers the right to establish and join organisations of their choosing, regardless of whether they are employed in the private or public sector, as well as the right to strike of workers in the banking sector.
4. 235. The Committee strongly hopes that the intentions expressed by the Government to the Grand National Assembly will be rapidly followed by concrete measures, and trusts that the Government will be able to announce their enactment and implementation in the near future. The Committee also reminds the Government that the advisory services of the International Labour Office are at its disposal if it so wishes. It requests the Government to keep it informed of the developments in that respect.