Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

Effect given to the recommendations of the Committee and the Governing Body

1. 148. The Committee last examined this case at its November 2002 meeting [see 329th Report, paras. 139-141]. On that occasion, the Committee expressed its deep regret at the Government’s unwillingness to give effect to the recommendations set out in its 327th Report [see para. 847] on all the matters raised, with the exception of the question of dual criteria for representational rights. Recalling its conclusions that the classification of the Pendik and Alaybey shipyards as part of the national defence sector constituted a violation of both the organizational and representational rights of the workers affiliated to Dok Gemis-Is, the Committee once again called on the Government to take the necessary measures to guarantee the right of Dok Gemis-Is to organize and represent its members in the Pendik and Alaybey shipyards and to keep it informed of the progress made in this regard. Regarding the institution of independent investigations into the allegations of impending dismissals, harassment and intimidation, the Committee once again urged the Government to institute independent investigations into these pending matters with the aim of improving the overall industrial relations climate and redressing any acts of anti-union discrimination. The Committee requested the Government to keep it informed of the progress made in this regard. Finally, the Committee requested the Government to keep it informed of any developments in the drafting of amendments concerning the dual criteria for representational purposes.
2. 149. In a communication dated 7 January 2003, the Government reaffirms that trade unions can freely be established in Turkey and that any trade union thus established can freely exercise its trade union rights. Further, under the national legislation, any worker fulfilling the statutory requirements can freely join a trade union and benefit from the activities of the trade union of which he or she is a member. The Government states that if any complaint regarding unlawful acts such as harassment or intimidation towards Dok Gemis?Is members reaches the Ministry of Labour and Social Security, it will be examined thoroughly by the relevant institutions, including the Labour Inspection Department, in accordance with the legislation and administrative procedure. The Government indicates that no complaint has been lodged with the Ministry of Labour and Social Security on this issue so far.
3. 150. In taking note of this information, the Committee must once again express its deep regret at the Government’s unwillingness to give effect to the recommendations of the Committee concerning the right of Dok Gemi-Is to organize and represent its members in the Pendik and Alaybey shipyards and the anti-union discrimination acts mainly directed against Dok Gemi-Is members.
4. 151. In particular, the Committee notes that the Government does not provide any information on the measures it was requested to take so as to guarantee fully the organizational and representational rights of the workers affiliated to Dok Gemi-Is. The Committee would also like to draw the Government’s attention to the last comments made by the Committee of Experts on the Application of Conventions and Recommendations on the issue. The Committee therefore urges once again the Government to take the necessary measures so as to guarantee the right of Dok Gemi-Is to organize and represent its members in the Pendik and Alaybey shipyards and to ensure that any lost membership in this union as a result of the classification of these shipyards as falling within the national defence be immediately restored. The Committee requests the Government to keep it informed in this regard.
5. 152. On the issue of anti-union discrimination exerted against Dok Gemi-Is members, in view of the information provided by the Government, the Committee must recall that the Government is responsible for preventing all acts of anti-union discrimination and that it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned [see Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, para. 738]. The Committee notes that the Ministry of Labour and Social Security is the same authority who, under Act No. 2821 on trade unions, had the authority to change the classification of the Pendik and Alaybey shipyards and that this change in classification resulted in the loss of representational rights for the Dok Gemi-Is trade union. Further, the Committee would like to refer the Government to the comments made by the Committee of Experts on the Application of Conventions and Recommendations on the need to take the necessary measures to amend its legislation to ensure a more effective protection of workers against all acts of anti-union discrimination (including dismissal). The Committee notes in this respect that the Government was asked to submit a copy of a new draft bill amending in particular Act No. 2821. In these circumstances, the Committee urges the Government once again to institute independent investigations into all the allegations of anti-union discrimination and to keep it informed in this respect.