Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 17 of the Convention. In its previous comments, the Committee requested the Government to take the necessary measures to extend the application of the provisions which give effect to the Convention to the agricultural, air and sea transport sectors, which are excluded from the scope of the Labour Act (section 5(1) and (2)) and the 1983 Regulations on the Guarding of Machinery, which is only applicable to the commercial and industrial sectors (section 2).

The Government indicated in its previous reports that this exclusion had not prevented the adoption of other measures to give effect to the Convention in these sectors.

The Committee notes that, in its last report, the Government states that by virtue of section 5(a), (b), (c) and (d) of the Labour Act, the following activities fall within the scope of that Act: the work of loading and unloading ships in ports and docks (a); all the ground operations of air transport (b); work done in agricultural industries and in factories and shops which manufacture agricultural tools, machinery and spare parts (c); and construction work carried out at agricultural undertakings (d).

The Committee notes, on the one hand, that these activities do not cover all the activities of the agricultural, air and sea transport sectors and that, on the other hand, the provisions which give effect to the Convention are mainly contained in the Regulations of 1983 which are applicable only to the commercial and industrial sectors. The Committee requests the Government to take the necessary measures to extend the scope of the Regulations of 1983 to all sectors of the economy, in accordance with Article 17 of the Convention, and to supply information on the progress achieved in this respect.

Maritime work. The Committee notes that section 49 of the Maritime Labour Act, No. 854, which was referred to by the Government in its report, adds nothing substantial to the application of the Convention in the maritime transport sector. This provision only contains a reference to the Labour Act which, as noted above, does not cover this sector of the economy.

2. Article 15. The Committee requested the Government to supply information on any measure that had been taken to ensure the effective application of the 1983 Regulations on the Guarding of Machinery. In particular, the Committee requested information on the effect given in practice to section 16 of the Regulations, particularly by supplying copies of inspection reports containing the number of violations reported and the sanctions imposed.

The Committee notes, from the information supplied by the Government in its report, that the inspection reports do not contain statistics concerning the guarding of machinery. The Committee also notes the information supplied by the Government in its report concerning the difficulties encountered in compiling statistics on inspection visits and their results, as well as in the coordination and cooperation between the various bodies responsible for the application of certain provisions of the Convention. The Committee hopes that the Government will be able to find a solution to overcome these difficulties.

The Committee requests the Government to supply information on the measures which have been taken or are envisaged to ensure adequate inspection with regard to the application of the 1983 Regulations on the Guarding of Machinery.

3. The Committee notes the comments made by the Turkish Confederation of Employer Associations and the Confederation of Turkish Trade Unions, which were supplied with the Government's report.