Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 1 of the Convention. Prohibition of discrimination. Further to its observation, the Committee asks the Government to provide information on the following points in relation to the Labour Act (No. 4857):

(a)  Noting that section 2 of the Act defines "employment relationship" as the "relationship established between the employee and the employer", the Committee requests the Government to clarify whether section 5 of the Labour Act prohibits discrimination in respect of recruitment, as well as in terms and conditions and termination of employment, on all the prohibited grounds covered by section 5(1).

(b)  Please indicate how equality of opportunity and treatment is ensured in respect to access to vocational training and particular occupations, including self-employment, as well as in those categories of work excluded from the scope of the Labour Act.

2. Discrimination on the basis of sex. Sexual harassment. The Committee notes that under section 24 of the Labour Act the worker has the right to terminate a labour contract before the expiry of its term or the notification period if the employer attempts sexual harassment against a worker or if the required measures are not taken in cases where a worker is subjected to sexual harassment at work by another worker or third person and has notified the employer thereof. The Committee draws to the Government’s attention that, under the Convention, sexual harassment is a form of prohibited discrimination on the ground of sex. The Committee hopes that section 5 of the Act, which generally prohibits any discrimination on the ground of sex, also covers sexual harassment. Further, the Committee considers it problematic that sexual harassment is explicitly dealt with only in the context of termination of employment. The Committee encourages the Government to revise the legislation with a view to explicitly prohibiting and defining sexual harassment and providing for adequate legal protection for victims of such practices. The Government is also invited to supply information in reply to the Committee’s 2002 general observation on this issue.

3. Discrimination on the basis of political opinion. The Committee recalls its previous comments concerning the need to repeal or amend section 3(d) of Martial Law Act No. 1402. The Committee recalls that the provision in question vests martial law commanders with broad discretionary powers to transfer workers and public employees to other areas. In the view of the Committee, this could lead to discrimination in employment on the basis of political opinion in contravention of the Convention. The Committee notes that the Government has supplied a number of decisions taken regarding appeals lodged concerning the application of section 3(d) of Act No. 1402.  The Committee hopes that the Government will take the necessary measures to review, in the context of the ongoing reforms and in consultation with the social partners, whether appropriate changes to section 3(d) of Act No. 1402 could be introduced to ensure that measures intended to safeguard the security of the State are sufficiently defined and delimited so as not to lead to discrimination. Please keep the Committee informed in this respect.

4. Article 2. Measures to promote equality of opportunity and treatment in employment and occupation of men and women. Further to its observation (point 6), the Committee asks the Government to provide the following information on:

(a)  the progress made closing the gender gap regarding education, including statistical information on the participation in education and training at all levels, disaggregated by sex, as well as literacy levels;

(b)  the measures taken by the Turkish National Employment Agency to promote access of women to vocational training and employment, including information on the extent to which women have benefited from labour market policies and measures;

(c)  statistical information on the position of men and women in the labour market, according to levels of education, status or employment, economic, sector and occupational grouping; and

(d)  the implementation of the circular issued in January 2004 by the Office of the Prime Minister concerning civil service recruitment on the basis of gender equality, and the steps taken by the general directorate on the status and problems of women to promote gender equality at work.

5. Article 5. Termination of employment following maternity leave period. The Committee notes that under section 25(1) of the Labour Act the employer can terminate the employment contract of a female employee without notice if recovery from pregnancy and confinement continues for more than six weeks beyond the maternity leave period. Noting the Government’s statement that this provision is in the process of being amended, the Committee asks the Government to keep it informed on any developments in this regard.