Observation (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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The Committee notes the observatons made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) annexed to the Government’s report and received on 2 January 2014. The Committee also notes the observations made on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161), by the Confederation of Progressive Trade Unions of Turkey (DISK) received on 1 September 2014, the Confederation of Public Employees’ Trade Unions (KESK) received on 1 September 2014, as well as the observations of TÜRK-İŞ and the Confederation of Turkish Real Trade Unions (HAK-IŞ), received on 3 November 2014.

Articles 3(1)(a) and (b), 5(a), 10, 13, 14 and 16 of the Convention. Labour inspection and occupational safety and health (OSH). 1. Incidence of occupational accidents and cases of occupational disease, and their notification to the labour inspectorate. The Committee previously noted the information provided by the TÜRK-İŞ on the increase in the number of fatal occupational accidents and diseases reported to the social insurance institutions from 866 in 2008 to 1,171 in 2009. In this regard, it notes the indications by DISK, KESK and TÜRK-İŞ that the number of fatal industrial accidents in Turkey is very high, and that there is a problem of under-reporting of industrial accidents and cases of occupational disease. The Committee refers the Government to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), and requests the Government to consider examining ways in which the system for the notification of occupational accidents and diseases can be improved.

2. Labour inspections in the area of OSH, including in the mining sector. The Committee notes the statistics provided by the Government, according to which 19,469 OSH inspection visits were carried out in 2011, and 11,533 in 2012. It also notes the indications of DISK, according to which labour inspections cover only 6 per cent of all workplaces in the country. It notes the observations made by KESK that the serious mining accident in Soma, where 301 workers lost their lives, resulted from widespread non-compliance with preventive OSH requirements. According to HAK-IŞ, the number of occupational accidents and, in particular the mining accident in Soma, show that OSH inspections are insufficient to ensure compliance with OSH obligations under the law. In this context, TÜRK-İŞ emphasizes the need for effective OSH inspections, and indicates that administrative fines for non-compliance with OSH obligations are not dissuasive.

The Committee notes from the Government’s report that mining was one of the priority sectors in 2012, with 747 OSH inspections carried out in that year. In the light of the OSH situation in the country, TÜRK-İŞ welcomes the plans of the Government for 2014–18 to target the metal, mining and construction sectors with a view to the prevention of occupational accidents. Furthermore, the Committee notes the Government’s announcement during a press conference in November 2014 concerning the introduction of a set of OSH measures in the mining and construction sectors, including labour inspection, with the specific aim of reducing the incidence of fatal occupational accidents and enhancing safety standards at the workplace. The Committee requests the Government to indicate the measures taken or envisaged to improve the effectiveness of labour inspection in the area of OSH, particularly in the mining sector, and to provide detailed statistical information on the preventive and enforcement activities of the labour inspectorate in this regard (the number of workplaces and the workers employed therein, the number of visits in these workplaces, the preventive measures ordered such as injunctions with immediate effect in the event of imminent danger to the health and safety of the workers, violations found and penalties imposed in the area of OSH and the legal provisions to which they relate, as well as the number of industrial accidents and cases of occupational disease).

Please provide disaggregated data for the mining sector, in particular on the number of workplaces liable to inspection (including their size and geographical distribution), and the number of these workplaces that were covered by labour inspection. The Committee also requests the Government to provide information on the authority responsible for labour inspection in the mining sector and the number of labour inspectors specializing in this area.

3. OSH conditions in subcontracting situations. According to KESK, occupational accidents mostly occur in subcontracting situations. TÜRK-İŞ indicates that about 1 million workers are employed by subcontractors and that due to the absence of labour inspections, they are forced to work under unhealthy and insecure conditions.

The Committee notes the statistical information provided by the Government on the activities and results relating to the control of illegal subcontracting practices. Fifty-nine subcontractors were inspected and a total of 10,490 workers identified, which resulted in the imposition of administrative fines in 15 workplaces. It notes that no specific information was provided by the Government on the number of cases in which non-compliance with OSH provisions was detected in these workplaces. The Committee requests the Government to provide information on the preventive and enforcement activities of the labour inspectorate concerning the application of the legal provisions relating to conditions of work and the protection of workers in subcontracting situations (the number of relevant inspections carried out, the number of infringements detected and legal provisions to which they relate, and relevant actions taken).

4. Labour inspection in the informal economy. The Committee notes that TÜRK-İŞ refers to persistent problems in the large informal sector of the country (such as the non-payment of minimum wages, the lack of registration of workers with the social security authorities and adverse subcontracting practices), and calls for the labour inspectorate to address them. In this regard, the Committee notes the statistical information provided by the Government on the activities and results of inspection visits targeted at undeclared work, including the notification to the social security authorities of undeclared workers and their registration. Noting that the Committee has, for a number of years, noted the absence of statistics on the number of unregistered workplaces and uninsured workers, which makes it difficult to carry out labour inspections in these workplaces, the Committee notes with interest that in the framework of the Seventh Action Plan for the Strategy to Combat the Informal Economy, an information system has been established, which allows labour inspectors to have access to relevant information of multiple institutions. The Committee requests the Government to continue to provide statistical data concerning the enforcement of the legal provisions relating to conditions of work and the protection of workers through the activities of the labour inspectorate relating to undeclared work (the number of cases in which workers were registered with the social security authorities, the number of cases in which workers were paid outstanding salaries resulting from their past employment relationship, etc.). The Committee also requests the Government to provide information on the estimated number of unregistered workers and uninsured workers (including those employed in the mining sector and in subcontracting situations).

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. The Committee previously noted that 840 labour inspectors were employed at the labour inspectorate in 2011 and that 1,000 new labour inspection posts had been approved and were in the process of being filled. In this regard, the Committee welcomes an increase in the number of labour inspectors from 840 to 1,020 (as of August 2013). According to the indications made by DISK, the current number of labour inspectors is 1,050, encompassing 460 social labour inspectors and 590 technical inspectors. The Committee understands from the Government’s indications that not all labour inspectors are authorized to conduct labour inspections. The Committee also notes the indications by TÜRK-İŞ on the need to further increase the number of labour inspectors, as well as the indications by DISK that the number of labour inspectors is insufficient for the effective discharge of their duties, and that labour inspections and sanctions are far from being a deterrent.

The Committee notes that the number of labour inspections further continued to decrease, from 46,969 labour inspections in 2010 to 38,131 in 2012. It notes the Government’s explanations that the decrease in the number of inspection visits is a result of the introduction of a proactive inspection approach, in consequence of which each inspection takes more time. The Committee requests the Government to provide information on the progress made in filling the vacant labour inspection posts. In light of the considerable decrease in inspections over recent years, the Committee encourages the Government to ensure that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions relating to conditions of work and the protection of workers while engaged in their work.

Technical assistance. The Committee notes that a “National Tripartite Meeting on Improving OSH in Mines” was hosted by the Ministry of Labour and Social Security on 16–17 October 2014 in cooperation with the ILO, in the course of which the Government, workers’ and employers’ representatives agreed on the main elements of a roadmap, which also contains a chapter on labour inspection. The Committee requests the Government to provide information on any action taken or envisaged related to labour inspection as a result of the technical assistance provided by the Office in the context of the abovementioned activity.

The Committee is raising other matters in a request addressed directly to the Government.

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