Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Türkiye (Ratification: 1993)

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The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) received on 31 August 2022 and the Government’s response thereto, received on 25 November 2022. The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK), communicated together with the Government’s report.

Articles 2(1) and 5(1) and (2) of the Convention. Effective tripartite consultations at appropriate intervals, but at least once a year. The Government indicates that efforts have been made to improve social dialogue mechanisms at the national, local and enterprise levels. It adds that, historically, Türkiye has relatively strong tripartite social dialogue mechanisms at the national level. The Government recalls in this respect that the Economic and Social Council, the Labour Assembly and the Tripartite Consultative Board are the most important social dialogue mechanisms in Türkiye for purposes of the Convention. In relation to tripartite consultations held on the matters concerning international labour standards set out in Article 5(1) of the Convention, including on the re-examination of unratified Conventions (Article 5(1)(c)), the Government indicates that it has consulted the social partners through the use of written questionnaires to gather their opinions and feedback on certain unratified ILO Conventions. The Government further indicates that, in relation to the ILO reporting process (Article 5(1)(d)), it accords all of the social partners, including KESK, sufficient time to provide their comments on the reports to be submitted to the ILO in relation to the application of ratified ILO Conventions. In this context, the Government indicates that, on 13 April 2022, it requested comments from the social partners in relation to the reports on the ratified ILO Conventions to be prepared and submitted to the ILO in 2022. As regards Article 5(1)(c) of the Convention, the Committee notes the indication by TISK, which refers to steps taken in 2013 and 2016 in relation to the possible ratification of Convention No. 181, indicating that the Government has implemented legal arrangements to enable private employment agencies to provide temporary employment. In its 2022 observations, KESK indicates that there are several tripartite bodies established with the aim of collecting the opinions of the social partners but most of these tripartite bodies are dysfunctional, with some bodies meeting quite irregularly and some not at all. The Tripartite Consultative Board has thus not held meetings since 2018. The Committee notes the observations of the TISK, which also indicates that, while the Tripartite Consultative Board met five times in 2016, it convened only once in 2014, not at all in 2015, and once in 2017 and 2018 respectively. TISK also observes that the Tripartite Consultative Board has not been convened since its last 2018 meeting. The Committee recalls that the consultations held to give effect to the Convention need to be effective and held, in principle, within a tripartite setup at least once a year. The Committee also recalls that, according to the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152), written consultations, such as those carried out by way of questionnaires, could also be undertaken where those involved in the consultative procedures are in agreement that such communications are appropriate and sufficient. Noting that the social partners indicate that the system of tripartite consultations in the country is dysfunctional, the Committee requests the Government to indicate the measures taken or envisaged to give effect to the Convention by putting in place and activating procedures which ensure effective tripartite consultations as regards the matters listed in Article 5 of the Convention.Noting that the Government’s report does not provide detailed information on how specific effect is given to Article 5(1) of the Convention, the Committee requests the Government to supply full information in this respect with its next report, including as regards the tripartite consultations held in respect of: the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); information on proposals to be made to the competent authorities in connection with submissions (Article 5(1)(b); information on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee also requests the Government to provide updated information on developments in relation to the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181), including on the content and outcome of prior tripartite consultations held in this respect.

Articles 1 and 3(1). Representatives of the social partners. The Committee refers to its previous comment and recalls the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), in which they maintain that the manner in which the representatives of workers’ organizations are selected to the Tripartite Consultative Board does not comply with Article 1 of the Convention, as those selected must be the “most representative organizations of employers and workers enjoying the right of freedom of association”, whereas section 4 of the Regulations of the Board provides for the selection of the top three worker confederations with the most members. The Committee notes the Government’s indication that the procedures in place for the selection of representatives of the social partners to the Tripartite Consultative Board are carried out in compliance with Article 1 of the Convention. The Government adds that the regulations in Türkiye have been developed and implemented in line with the Convention. The Committee requests the Government to provide detailed updated information on the current composition of the Tripartite Consultative Board and the manner in which the representative organizations of employers and workers are selected and appointed to the Board.