Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee refers to its previous comments as well as the conclusions adopted in 2000 by the committee set up by the Governing Body to examine a representation by the Confederation of Turkish Trade Unions (TÜRK-IŞ) alleging non-observance by Turkey of the present Convention, and notes the information contained in the Government’s report received in 2003. The Committee notes the adoption in 2003 of the new Labour Act No. 4857 and, in particular, its Parts I and II. It also notes the comments submitted in 2003 by the Confederation of Progressive Trade Unions of Turkey (DISK).

2. The Committee notes with satisfaction that, in accordance with Articles 4, 5 and 6 of the Convention, section 18 of the new Labour Act prescribes that dismissal be based on a valid reason and proscribes certain bases for dismissal. The Committee notes, however, that sections 1 and 4 of the Labour Act contain provisions which exclude several categories of workers from its application. The Committee further notes that section 25 of the Labour Act contains provisions concerning valid grounds for dismissal which include "Cases contradicting rules of ethic and goodwill and similar cases" and "force majeure", and that section 18 provides that the provisions requiring dismissals to be based on a valid reason, do not apply to enterprises employing 30 or fewer workers. With reference to this latter limitation, DISK alleges that it will have the effect of excluding some 95 per cent of all workplaces from the scope of the protection by reason of section 18. The Committee invites the Government to indicate in its next report how protection at least equivalent to the protection offered by the Convention is ensured for all excluded categories of workers - in particular for employees of enterprises with fewer than 30 employees. The Government is also invited to provide information on the tripartite consultations held on the exclusions from the scope of application of the Labour Act, provided for under Article 2 of the Convention.

3. The Committee also notes with satisfaction that in accordance with Articles 7, 8, 9 and 10 of the Convention, section 20 of the new Labour Act entitles any worker who is dismissed to appeal against that dismissal in court, and section 21 prescribes the consequences of an unjustified dismissal. The Committee invites the Government to provide information on the application in practice of these provisions.

4. The Committee hopes that in its next report the Government will also include information on the questions pending since the comments by the Committee in 2000 and the discussion in the Conference Committee in 2001 concerning the amendment of the Maritime Labour Act (No. 854) and the Journalists’ Labour Act (No. 5953) to give effect to the Convention.