Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Protection from discrimination in respect of access to employment and particular occupations, as well as vocational training. Noting the explanations provided by the Government in reply to point 1 of the Committee’s previous direct request, the Committee notes that article 5 of the Labour Code does not prohibit discrimination at the recruitment stage. However, the Committee notes that article 122 of the new Turkish Penal Code (Act No. 5237) which entered into force in 2005 provides that a person, practising discrimination on grounds of language, race, colour, sex, disability, political opinion, philosophical believes, religion, creed or other grounds, who makes the employment of a person contingent on one of these grounds or who prevents a person from carrying out an ordinary economic activity shall be sentenced to imprisonment for a term of six months to one year or a judicial fine. The Committee requests the Government to provide information as to whether any cases have been brought under article 122 of the Penal Code in order to enable the Committee to assess whether this provision can be seen as providing effective protection from discrimination in respect of access to employment and particular occupations within the meaning of the Convention. The Committee reiterates its request to the Government to indicate how equality of opportunity and treatment is ensured in respect of vocational training.

2. Categories of workers excluded from the scope of the Labour Act. The Committee notes the Government’s indication that the legislation governing the employment of workers excluded from the scope of the Labour Act (article 4) contained no discriminatory provisions and general protection from unequal treatment was available under the Law of Obligations. The Government also points out that article 122 of the Penal Code (see above) covered all categories of workers excluded from the Labour Act. The Committee further notes the concern expressed by the Confederation of Public Employees Trade Unions (KESK) that the legislation covering public employees was lacking non-discrimination provisions, indicating that the general protection against discrimination based on sex available under article 10 of the Constitution was insufficient. KESK refers to instances of discriminatory job announcements and unequal access of women to managerial positions in the civil service. The Committee stresses that the Convention applies to all categories of workers and that under the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented in accordance with Article 2 of the Convention, measures should be taken to protect all workers from discrimination, in law and in practice. While noting the various administrative measures taken to promote non-discrimination in the civil service, the Committee recalls Turkey’s obligations under Article 3(d) of the Convention and requests the Government to consider introducing non-discrimination provisions into the laws and regulations governing the civil service, in cooperation with the social partners, and to indicate any measures taken or envisaged in this regard in its next report.

3. Sexual harassment. The Committee notes that the Government’s report, in addition to articles 24 and 25 of the Labour Act on which the Committee commented previously, refers to article 105 of the Penal Code which provides that upon a complaint filed by a victim, the perpetrator of sexual abuse shall be sentenced to imprisonment for a term of three months to two years or to a judicial fine. The Committee requests the Government to elaborate on what kind of behaviour would qualify as sexual abuse under article 105 and to explain the differences between sexual abuse and sexual harassment under articles 24 and 25 of the Labour Act, if any. Once again expressing its concerns over the fact that the Labour Act only deals with sexual harassment in the context of termination of employment, the Committee urges the Government to consider revising the legislation with a view to explicitly prohibiting and defining sexual harassment at work. Please provide any information on further developments in this regard, as well as on any other measures taken to prevent sexual harassment, including through awareness-raising and training activities.

4. Measures to promote equality of opportunity and treatment in employment and occupation of men and women. Further to its observation (points 1–4), 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 (including higher education), 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 private and public employment, according to levels of education, status of employment, and occupational grouping; and

(d)   the steps taken by the general directorate on the status and problems of women to promote gender equality at work.