Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Minimum Age Convention, 1973 (No. 138) - Türkiye (Ratification: 1998)

Other comments on C138

Observation

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the indication of the Confederation of Turkish Trade Unions (TÜRK-İŞ) that child labour in Turkey was found in the urban informal sector, in the domestic service, and in seasonal agricultural work. The Committee also noted that a child labour force survey, which was conducted by the Turkish Statistical Institute in 2012, revealed an increase in the number of children aged 6 to 14 years who are in child labour, and indicated that 2.5 per cent of children between 6 and 14 years of age were found to be engaged in work. The Committee requested that the Government continue to provide statistical information on the number of children under the minimum age engaged in child labour.

The Committee notes the absence of new statistical information in this regard. However, the Committee notes the Government’s information in its report that the Time Bound National Policy and Programme Framework for Prevention of Child Labour (2005–15) has ended, and that the Government is working to update it for the second phase. For this purpose, a working group has been created with the participation of related institutions and organizations to update the document and prepare an additional plan of action, and the abovementioned documents were expected to be published in October 2016. The Committee also notes that, the Ministry of Education adopted the Circular No. 2016/5 “Access of Children of Seasonal Agriculture Workers and of Nomadic and Semi-Nomadic Families to Education” in March 2016, according to which follow-up teams are established to find children who could not continue their education and enrol them in school. While taking note of the measures undertaken by the Government, the Committee notes with concern the number of children below the minimum age of 15 years engaged in child labour. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of child labour. The Committee also requests that the Government indicate whether the updated Time-Bound National Policy and Programme Framework for Prevention of Child Labour and its action plan have been adopted and published, and provide information on the application of the Circular No. 2016/5 in practice.

Article 8. Artistic performances. The Committee previously noted the Government’s statement that in 2012, drafts were developed for the amendment of the Labour Law Act regarding the employment of children below the minimum age in artistic performances, with the contribution of the Trade Union of Performers, the Radio and Television Supreme Counsel, and other relevant institutions and organizations, but that no progress had yet been recorded. The Committee therefore expressed its firm hope that the amendments would be made in conformity with the Convention.

The Committee notes with satisfaction that section 71 of the Labour Law was amended by Act No. 6645 of 4 April 2015. According to this amendment, children under 14 years of age may work in art, cultural and advertising activities, without harming their physical, mental, social and moral development or interfering with the continuation of education. Moreover, a written agreement and a separate permit are required for each activity. Section 71 further provides that concerned children shall not work more than five hours per day and 30 hours per week; while for the preschool children and those attending school, the working hours cannot be more than two hours per day and ten hours per week, and must be outside school hours. The Committee also notes that issues regarding the work permit, working and resting hours, working environment and conditions, principles and procedures of payment, and other related issues for children working in these activities, will be determined by age groups and types of activity, for which an implementing regulation will be issued by the Ministry of Labour and Social Security. Moreover, a system is planned regarding the granting of work permits and the tracking of concerned children. The Committee therefore requests that the Government provide information on any progress made regarding the adoption of the implementing regulation and the establishment of the monitoring system.