Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the information provided in the Government's first report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) in communications dated 18 February 1994, 4 July 1994, 8 July 1995 and 17 June 1996 and by the Confederation of Progressive Trade Unions of Turkey (DISK) in a communication dated 24 February 1995. It also takes note of the communication of the Turkish Confederation of Employer Associations (TISK) sent with the Government's report. Finally, the Committee notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1810 and 1830 (303rd Report of the Committee, approved by the Governing Body at its 265th Session (March 1996)).

The Committee notes with interest that article 52 of the Constitution which prohibited all political activity undertaken by a trade union has been repealed by Act No. 4121 of 23 July 1995 amending the Constitution. While noting that several other articles of the Constitution have been amended to ensure fuller respect for trade union rights (for example, repeal of other articles banning political activity for trade unions (articles 69, 135 and 171), and the granting of the right of trade unions of public officers to bargain collectively (article 53)), certain discrepancies as concerns Articles 2 and 3 of the Convention remain both in Act No. 2821 respecting trade unions, as amended by Act No. 4101 of 4 April 1995 and in Act No. 2822 of 5 May 1983 respecting collective labour agreements, strikes and lock-outs (for example: civil servants are not protected by the amended Act respecting trade unions; a wide range of political activities are still prohibited under the Act respecting trade unions (sections 37, 39, 58 and 59); and several provisions of the Act respecting collective labour agreements restrict the right to strike in contravention with the principles of freedom of association (sections 27, 29, 30, 32, 35, 48, 54 and 72 to 79)). The Committee hopes that the necessary measures will be taken in the near future to bring these Acts into full conformity with the provisions of the Convention and with the recent, important changes made to the Constitution.

Furthermore, the Committee considers that the trade union legislation in Turkey is overly detailed and regulates several matters which should be left to the competence of the constitutions and statutes of the workers' and employers' organizations themselves. It expresses the hope that the Government will take the necessary measures in the near future to simplify the legislation and leave greater autonomy to these organizations to organize their own activities and administration.

The Committee notes with interest the Government's indication to the Committee on Freedom of Association in respect of Cases Nos. 1810 and 1830 that it intends to continue amending its legislation to bring it in line with Convention No. 87 and would recall that ILO technical assistance is available in this regard if the Government so desires.

Finally, the Committee is raising a number of other points in a request addressed directly to the Government.