Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Türkiye (Ratification: 1951)

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 4 and 5(a) of the Convention. Placement of labour inspection under the supervision and control of a central authority and effective cooperation between the various services entrusted with labour inspection. The Committee notes that the Government has once again not provided the requested reply in relation to the comments made by the Turkish Confederation of Employers’ Associations (TİSK) in 2007 on the transfer of inspection duties from the Ministry of Labour and Social Security to other ministries (the Ministry of Health, the Ministry of Defence, and the Ministry of Energy and Natural Resources) and to municipalities, thereby raising obstacles to the coordination of labour inspection activities by a central body, including the communication of labour inspection data. The Committee requests the Government to provide an organizational chart of the labour inspection system in its entirety. Please also provide information on any functions within the meaning of Article 3(1) of the Convention entrusted to other ministries than the Ministry of Labour and Social Security, and the mechanisms in place for the communication of relevant data to the central labour inspection authority.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the repeated indications by the Confederation of Turkish Trade Unions (TÜRK-IŞ), according to which labour inspectors should work with total independence. In this regard, the Committee notes the Government’s indications that there is a legal obligation for labour inspectors to work with independence and objectivity. While the Committee notes the information on this obligation, it also once again requests the Government to provide information on the status and conditions of service of the different categories of labour inspectors so as to ensure, in practice, their independence of changes of government and undue external influences. In this respect, the Committee asks the Government to specify the status, remuneration scale, allowances and career prospects of labour inspectors in relation to other comparable categories of public officials.

Articles 5(a), 17 and 18. Effective cooperation between the inspection services and the judicial authorities. The Committee notes that the Government has not provided the requested information under the above Articles. The Committee once again requests the Government, with reference to its 2007 general observation, to provide information on any measures adopted or envisaged to promote effective cooperation between the labour inspection services and the judiciary (the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate, joint training sessions with representatives of the judiciary, etc.)

Legislation. The Committee notes the copy of the revised Labour Inspection Guidelines, an appendix to Circular No. 2013/4, communicated by the Government with its report. The Committee also notes the Government’s reference to the 2012 Regulations on the Labour Inspection Board, a copy of which has not been received by the Office. The Committee requests the Government to provide a copy of the 2012 Regulations on the Labour Inspection Board in their current version.

[The Government is asked to reply in detail to the present comments in 2015.]