Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Restructuring of the employment service. The Committee notes the information and statistical data provided in the Government’s report received in September 2004 and the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Turkish Confederation of Public Service Trade Unions (TÜRKIYE KAMU-SEN) and the Turkish Confederation of Employers’ Associations (TISK) annexed to the Government’s report. It notes in particular Act No. 4904 of June 2003 on the Turkish Labour Agency (IŞKUR), restructuring the public employment service, and the new Labour Act No. 4857 of May 2003. The Government states in this respect that IŞKUR, which has been set up in order to promote employment, prevent unemployment and provide unemployment insurance services, should facilitate the application of the provisions of the present Convention. The Committee requests the Government to continue to provide information on the manner in which IŞKUR carries out its essential task, ensuring, in accordance with Article 1, paragraph 1, of the Convention, the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and for the development and use of productive resources.

2. Participation of the social partners. The Committee notes with interest that the IŞKUR General Council is composed of representatives of employers and workers who have the task of expressing their opinions on the employment policy to be implemented at national level. It also notes that the social partners are represented on the provincial employment councils, in order to enable IŞKUR to develop appropriate employment policies at regional and local levels. Noting that TÜRKIYE KAMU-SEN declares that the rate of unemployment has been increasing for years owing to inappropriate and confused employment policies, the Committee invites the Government to provide information on the activities of IŞKUR, and particularly of the provincial employment councils, during the period covered by the next report. It also requests the Government to indicate clearly how these advisory bodies are constituted and what procedure has been adopted in appointing employers’ and workers’ representatives (Articles 4 and 5 of the Convention).

3. Status of employment service staff. The Government indicates that IŞKUR staff are subject to the provisions of Act No. 657 on public servants of the State. The Committee notes the comments made by TÜRK-IŞ on the decision of the IŞKUR General Council to improve the conditions of work and quality of training given to staff working in this organization, particularly in the context of an "active labour programme" established with the support of the European Union. It invites the Government to keep it informed of any measure adopted with regard to the stability, recruitment, skills and training of IŞKUR staff (Article 9).

4. Cooperation between the public employment service and private employment agencies not conducted with a view to profit. The Government states that section 90 of the new Labour Code ends the state monopoly over the employment service and authorizes the setting up and functioning, under certain conditions, of private employment agencies. The Committee notes that, according to Act No. 4904, IŞKUR is responsible for supervising the setting up and the activities of private employment agencies and that these agencies are in particular required to communicate every three months to IŞKUR statistical data on job applicants, vacant posts and job placements made, as well as any other information or document which is useful for monitoring the practices in question. In this regard, it notes that TÜRKIYE KAMU-SEN contends that problems might occur with regard to the inspection of private employment agencies and therefore with regard to ensuring effective cooperation between these agencies and the public employment service. The Committee also notes the comments made by TÜRK-IŞ, to the effect that these agencies, the number of which increases every day, can impose charges on employers or candidates for certain posts, and fears that in this period of high unemployment these agencies are exploiting workers. It requests the Government to provide additional information on the measures taken to ensure that cooperation between IŞKUR and private employment agencies is effective within the meaning of Article 11.

5. The Committee invites the Government to refer to its comments this year on the application of Convention No. 96. It draws the Government’s attention to the fact that other matters, directly connected with the application of Convention No. 88, have been raised by the Committee, particularly in its comments on Conventions Nos. 122 and 142 concerning employment policy and training policy.

[The Government is asked to reply in detail to the present comments in 2006.]