Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. In its previous comment, the Committee noted that an annual inspection report for 1988 had not yet been published, and that statistics of violations of labour legislation and the penalties imposed had not been communicated. It now notes that a Report on the Activities of the Labour Inspectorate has been compiled, including certain statistics for "1984-1991", and was transmitted to the Office in November 1991. The Government also says that annual reports since 1986 as well as the report for the coming year will be published as soon as possible within a year. The Committee hopes that the Government will publish and transmit the annual reports on inspection required by the Convention, and that they will include all relevant statistics, in particular, of numbers of workplaces and workers liable to inspection, violations and penalties, and occupational diseases (Article 21(c), (e) and (g)).

Articles 10, 11 and 16. The Government has indicated that through lack of means and equipment the numbers of inspectors available have suffered lower efficiency in discharging their legal responsibilities in respect of an increasing volume of work. The Committee has noted also the comments of the Turkish Confederation of Employer Associations (TISK) that the relevant legal provisions have, in the absence of large-scale coordination, been subjectively and divergently interpreted. In this respect, it notes the Government's indication that, while no problems in the application of the Convention were encountered in the reporting period, the new regulations on inspection have not in fact yet been published. The Committee hopes the next report will show how the Government is overcoming these difficulties.

Articles 7 and 9. The TISK has also drawn attention to the importance of inspection personnel undergoing continuing education in the light of industrial development and industrial relations issues. Please indicate any measures taken or proposed in order to improve the implementation of these Articles.

Article 17. TISK has further expressed the view that inspections should provide incentives and serve as a guide: in its view, their purpose is not to punish employers or burden them with new problems. The Committee recalls that under the Convention failure to observe legal provisions may lead to immediate legal proceedings, although inspectors may be allowed in the first instance to give warnings or advice. Please indicate how this Article is applied in practice.