Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending in May 2005, in reply to its previous comments, particularly concerning the points raised by the Confederation of Progressive Trade Unions of Turkey (DISK), the Turkish Confederation of Employers’ Associations (TISK) and the Turkish Confederation of Public Workers’ Associations (Tükiye Kamu-Sen) in their respective observations, received by the Office on 22 October 2003. The Committee notes that the Government forwarded in an annex to its report the observations submitted by TISK, the Confederation of Trade Unions of Turkey (TÜRK-IS) and DISK on the application of the Convention, the annual reports on the activities of the labour inspectorate of 2002 and 2005 and the report on the joint ILO/IPEC project of 2005. Finally, the Committee notes Act No. 4947 of 16 July 2003 on the organization of the Social Security Institute.

1. Article 6 of the Convention. Status and independence of labour inspectors. The Committee notes that the issue of the right to organize of labour inspectors is also raised by DISK in its observation, as well as by the trade union organizations under Convention No. 87 and it therefore refers to its comments under the instrument.

2. Article 2. Developments of the scope of labour inspection. Previously in its observation of 2002, the Committee noted the measures taken by the Government to extend the coverage of the labour inspection system so as also to protect workers engaged in establishments in the informal economy, and it requested the Government to provide additional information on the impact of labour inspections by geographical area in compliance with the legislation in those establishments. In this respect, the Government indicates that all officials inspecting an establishment for whatever reason (for example, tax inspections) is also bound to verify that all workers are declared for social purposes and to notify the findings to the social insurance institution. Circular No. 2003/19 of 26 March 2003 emphasizes the importance of this issue and encourages the officials concerned, including labour inspectors, as well as other officials, to discharge this function scrupulously, thereby showing the importance that the Government attaches to supervising enterprises in the informal economy. The Committee notes with interest that the registration of enterprises and workers is also carried out through controls in the framework of the ILO/IPEC project, which led to the registration in 2004 and 2005 of an additional 1,758 enterprises. With reference to the observations submitted by TISK that the burden of inspection only falls on legally registered enterprises, the Committee welcomes the significant measures taken by the Government to generalize the registration of establishments, which also makes it possible for the labour inspection to cover the greatest possible number of workers. The Committee would be grateful if the Government would continue to provide information on the progress achieved in this respect and on inspection in practice by geographic zone and by sector.

3. Article 5(b). Collaboration between the labour inspection services, employers and workers. The Committee notes with interest that a tripartite committee entrusted with determining inspection activities to combat child labour and to evaluate them in order to improve them has been established under the ILO/IPEC project, and that similar committees have been established at the provincial level. However, the Committee notes that the Government did not provide any information on the measures taken to encourage the institutionalization of tripartite collaboration to improve the operation of the labour inspection services in other areas fields of its competence. The Committee refers in this respect to paragraphs 163-172 of the 2006 General Survey on labour inspection and once again requests the Government to take the relevant measures and to keep the ILO informed in this respect.

4. Articles 3, paragraphs 1(a) and (b), 10, 11 and 16. Human and logistical resources of the labour inspectorate. With respect to the number of labour inspectors, the Committee notes that, despite the recruitment of 86 new labour inspectors in 2002, according to the relevant tables in the annual report of 2005, the total number of labour inspectors has decreased significantly. In the view of DISK, the level of staff is limiting inspection activities to covering complaints and to merely sending letters to the concerned employers. In the opinion of DISK, the considerable efforts made by the labour inspectors to cope with the needs are fruitless, as their means of action are derisory in view of the investigating powers that should be vested in them by law, in accordance with Article 12 of the Convention. It also considers that, in the same way as TÜRK-IS, the ineffectiveness of the labour inspection is aggravated by the lack of means of transport and equipment. The Committee notes, as does TISK, that the reinforcement of labour inspection capacities should continue to be a priority in the process of achieving the aquis communautaires as defined by the European Union. In this regard, TISK points out that the framework document for access to the European Union, published on 29 June 2005, provides for an increase in the number of labour inspectors and their training. The Committee hopes that the Government will soon be able to report progress in this respect. It also asks the Government to specify the manner in which it envisages strengthening the resources, transport facilities and equipment necessary for the effective discharge of the inspection functions, including the provision of information and advice to employers and workers, the scheduling of routine inspections based on predetermined criteria and on-the-spot inspections in response to complaints and denunciations.

5. Labour inspection and child labour. The Committee notes once again with interest the development of institutional measures and labour inspection activities aimed at combating child labour effectively, and the results achieved, particularly in terms of integration and reintegration into the educational system, not only for the working children themselves but also for their brothers and sisters, and the monitoring of these children by the tripartite committees mentioned above. The Committee would be grateful if the Government would continue to provide information on all developments in this area.