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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 79. The Committee last examined this case at its March 2015 meeting [see
374th Report, paras 855–873], when it noted with regret that a strike had been once
again suspended and compulsory arbitration imposed in the glass industry. On that
occasion the Committee requested the Government to ensure in the future that such
restrictions may only be imposed in cases of essential services in the strict sense of
the term, public servants exercising authority in the name of the State or an acute
national crisis. It further requested the Government to take the necessary measures for
the amendment of section 63 of Act No. 6356 so as to ensure that the final decision on
whether to suspend a strike rests with an independent and impartial body and requested
the Government to keep it informed of the progress made in this respect.
- 80. In a communication dated 17 June 2015, the Government submitted
follow-up information indicating that the complainant union, Kristal-İş, filed a claim
with the Tenth Department of the Council of State requesting the cancellation of the
decision of the Council of Ministers to postpone the strike and the stopping of its
execution. This request was rejected by the decision dated 16 July 2014, where the
Council of State concluded that the decision of postponement of the strike in the
enterprises where 90 per cent of glass production was realized did not call for stopping
execution. The Government further provides general indications about the rules governing
the Council of Ministers’ decisions to suspend strikes and the recourses available
against those decisions and indicates that since suspension is an administrative
process, parties have the right to recourse to judicial review pursuant to article 125
of the Constitution.
- 81. The Committee notes the information provided by the Government. It
further notes that in its 2015 observation concerning the application of Convention No.
87 in Turkey, the Committee of Experts on the Application of Conventions and
Recommendations (CEACR) refers to subsequent information transmitted by the Government
indicating that on 2 July 2015 the Constitutional Court of Turkey ruled that the
decision of the Council of State to postpone the strike called for by the complainant
was in breach of the trade union rights guaranteed by article 51 of the Constitution.
The Committee notes with interest this information and welcomes the fact that, as the
Government has indicated in its communication and as the ruling of the Constitutional
Court demonstrates, the Council of Ministers’ decisions to suspend strikes are
susceptible of judicial review. The Committee expects that, in the future, the Council
of Ministers, when it comes to decide on the application of section 63 of Act No. 6356,
will do so with full consideration given to trade union rights guaranteed by article 51
of the Constitution, and to the principle that suspension of strikes and imposition of
compulsory arbitration can only apply to cases of essential services in the strict sense
of the term, public servants exercising authority in the name of the State or an acute
national crisis.
- * * *
- 82. Finally, the Committee requests the governments and/or complainants
concerned to keep it informed of any developments relating to the following
cases.
| Case | Last examination on the merits | | Last follow-up examination |
| 1787
(Colombia) | March 2010 | | June 2014 |
| 1865 (Republic of Korea) | March 2009 | | March
2014 |
| 2400 (Peru) | November
2007 | | November 2015 |
| 2512 (India) | November 2007 | | November 2015 |
| 2528
(Philippines) | June 2012 | | November 2015 |
| 2637 (Malaysia) | March 2009 | | November
2015 |
| 2652 (Philippines) | November 2003 | | November
2015 |
| 2684 (Ecuador) | June
2014 | | – |
| 2715
(Democratic Republic of the Congo) | June 2014 | | – |
| 2743
(Argentina) | November 2015 | | – |
| 2750 (France) | November 2011 | | March
2016 |
| 2755 (Ecuador) | June
2010 | | March 2011 |
| 2758 (Russian Federation) | November
2012 | | June 2015 |
| 2780 (Ireland) | March 2012 | | – |
| 2786 (Dominican
Republic) | November 2015 | | – |
| 2797 (Democratic Republic of the
Congo) | March 2014 | | – |
| 2815 (Philippines) | November 2012 | | November
2015 |
| 2837 (Argentina) | March
2012 | | November 2015 |
| 2844 (Japan) | June 2012 | | November 2015 |
| 2850
(Malaysia) | March 2012 | | June 2015 |
| 2872 (Guatemala) | November 2011 | | – |
| 2892 (Turkey) | March 2014 | | November 2015 |
| 2896 (El
Salvador) | June 2015 | | – |
| 2925 (Democratic Republic of the
Congo) | March 2014 | | – |
| 2934 (Peru) | November
2012 | | – |
| 2966
(Peru) | November 2013 | | November 2015 |
| 2976 (Turkey) | June 2013 | | March 2016 |
| 2977 (Jordan) | March 2013 | | November 2015 |
| 2987
(Argentina) | March 2016 | | – |
| 2988 (Qatar) | March 2014 | | November
2015 |
| 2998 (Peru) | March
2015 | | – |
| 3011
(Turkey) | June 2014 | | November 2015 |
| 3022 (Thailand) | June 2014 | | – |
| 3024 (Morocco) | March 2015 | | March 2016 |
| 3041
(Cameroon) | November 2014 | | – |
| 3046 (Argentina) | November 2015 | | – |
| 3051 (Japan) | November
2015 | | – |
| 3055
(Panama) | November 2015 | | – |
| 3072 (Portugal) | November 2015 | | – |
| 3075 (Argentina) | November 2015 | | – |
| 3083
(Argentina) | November 2015 | | – |
| 3087 (Colombia) | November 2015 | | – |
| 3101 (Paraguay) | November 2015 | | – |
| 3102
(Chile) | November 2015 | | – |
| 3105 (Togo) | June
2015 | | – |
>
- 83. The Committee hopes that these governments will quickly provide the
information requested.
- 84. In addition, the Committee has received information concerning the
follow-up of Cases Nos 1962 (Colombia), 2086 (Paraguay), 2153 (Algeria), 2341
(Guatemala), 2362 (Colombia), 2434 (Colombia), 2488 (Philippines), 2540 (Guatemala),
2566 (Islamic Republic of Iran), 2583 (Colombia), 2595 (Colombia), 2603 (Argentina),
2654 (Canada), 2656 (Brazil), 2667 (Peru), 2679 (Mexico), 2699 (Uruguay), 2706 (Panama),
2708 (Guatemala), 2710 (Colombia), 2716 (Philippines), 2719 (Colombia), 2725
(Argentina), 2745 (Philippines), 2746 (Costa Rica), 2751 (Panama), 2752 (Montenegro),
2756 (Mali), 2763 (Bolivarian Republic of Venezuela), 2768 (Guatemala), 2788
(Argentina), 2789 (Turkey), 2793 (Colombia), 2816 (Peru), 2827 (Bolivarian Republic of
Venezuela), 2833 (Peru), 2840 (Guatemala), 2852 (Colombia), 2854 (Peru), 2856 (Peru),
2860 (Sri Lanka), 2871 (El Salvador), 2883 (Peru), 2895 (Colombia), 2900 (Peru), 2915
(Peru), 2916 (Nicaragua), 2917 (Bolivarian Republic of Venezuela), 2924 (Colombia), 2929
(Costa Rica), 2937 (Paraguay), 2944 (Algeria), 2946 (Colombia), 2953 (Italy), 2954
(Colombia), 2960 (Colombia), 2962 (India), 2973 (Mexico), 2979 (Argentina), 2980 (El
Salvador), 2985 (El Salvador), 2991 (India), 2992 (Costa Rica), 2995 (Colombia), 2998
(Peru), 2999 (Peru), 3002 (Plurinational State of Bolivia), 3006 (Bolivarian Republic of
Venezuela), 3013 (El Salvador), 3020 (Colombia), 3021 (Turkey), 3026 (Peru), 3030
(Mali), 3033 (Peru), 3036 (Bolivarian Republic of Venezuela), 3040 (Guatemala), 3043
(Peru), 3054 (El Salvador), 3057 (Canada), 3058 (Djibouti), 3063 (Colombia), 3064
(Cambodia), 3070 (Benin), 3077 (Honduras), 3085 (Algeria) and 3096 (Peru), which it will
examine at its next meeting.
