Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 329, Noviembre 2002

Effect given to the recommendations of the Committee and the Governing Body

1. 139. The Committee last examined this case at its meeting in March 2002 when it requested the Government to: take the necessary measures to guarantee the right of Dok Gemi-Is to organize and represent its members in the Pendik and Alaybey shipyards; institute an independent investigation into the allegations of impending anti-union dismissals of 1,100 workers at the Haliç and Camialti shipyards; institute independent investigations into the allegations of harassment and intimidation of Dok Gemi-Is members by management, including the dismissal of the maximum number of workers allowed by law (nine per month), and the dismissal of some 200 workers at the ship-scrapping site at Aliaga the day after they had agreed to join the union and to take the necessary remedial steps if these allegations are proven to be true, including reinstatement in their jobs or adequate compensation for damages suffered by those dismissed; and amend the dual criteria for representational rights set forth in section 12 of Act No. 2822 [see 327th Report, paras. 805-847.]
2. 140. In a communication dated 9 September 2002, the Government reiterates the explanations given in its initial response to the complaint concerning the designation of the Pendik and Alaybey shipyards as within the national defence sector and concludes that it is not legally possible for the management to grant competence to the Dok Gemi-Is to represent workers in these military shipyards. As regards the allegations of impending anti-union dismissals, the Government states that the national legislation provides effective protection for freedom of association and any acts contrary to this principle can be appealed to the courts. In light of the independence of the judiciary, the Government states that it is not possible to institute an inquiry or investigation upon a final verdict of a court of law. As regards the allegations of management harassment and intimidation of Dok Gemi-Is members, the Government once again states that such matters can be appealed to the courts and that, in any event, they were not substantiated. Finally, in respect of the dual criteria for representational rights, the Government states that a Committee of Academics, including the social partners, has been established with the objective of bringing national legislation into conformity with international labour standards and the draft texts will soon be submitted to the National Assembly.
3. 141. While taking due note of the information provided by the Government, the Committee expresses its deep regret at the Government’s unwillingness to give effect to its recommendations on all the matters raised, with the exception of the question of dual criteria for representational rights. In these circumstances, the Committee first considers it necessary to recall its conclusion that the classification of the Pendik and Alaybey shipyards as part of the national defence sector constituted a violation of both the organizational and the representational rights of the workers affiliated to Dok Gemi-Is. The Committee came to this conclusion, amongst other reasons, because it considered that the distinction made between shipbuilding in the commercial sector and that carried out for naval purposes bordered on the illogical, particularly given the identical nature of the functions carried out by the workers and the fact that there is no distinction between their status as employee. The workers in these shipyards were one day considered within the shipbuilding sector and the next day were classified as within the national defence sector; the result being that, from one day to the next, their union could no longer represent them. The Committee therefore once again calls on the Government to take the necessary measures to guarantee the right of Dok Gemi-Is to organize and represent its members in the Pendik and Alaybey shipyards and to keep it informed of the progress made in this regard. As concerns the institution of independent investigations into the allegations of impending dismissals, harassment and intimidation, while noting the Government’s reference to the mandate of the courts in this respect, the Committee considers that these allegations, which concern large numbers of workers and relate to an overall question of the industrial relations climate in certain shipyards, might best be settled, for all concerned, by an independent investigation. In the absence of any pending court cases on these matters which might understandably give rise to a problem of conflicting mandates in the event an investigation was initiated, the Committee once again urges the Government to institute independent investigations into these pending matters with the aim of improving the overall industrial relations climate and redressing any acts of anti-union discrimination. It requests the Government to keep it informed of the progress made in this regard. Finally, the Committee requests the Government to keep it informed of any developments in the drafting of amendments concerning the dual criteria for representational purposes.