Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - 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.

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The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), communicated with the Government’s report. In its observations, TÜRK-İŞ indicates that the Tripartite Consultative Board does not meet regularly, despite the Tripartite Consultative Board Directive providing that the Board shall meet three times per year and may also hold additional extraordinary meetings, as needed. Moreover, TÜRK-İŞ maintains that the manner in which the representatives of workers’ organizations are selected to the Board is not in compliance with Article 1 of the Convention, as those selected must be the “most representative organisations 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 requests the Government to provide its comments in this respect.

Article 5(1). Effective tripartite consultations. The Government indicates in its report that social dialogue in Turkey includes all types of negotiation, consultation and exchanges of information between representatives of government, employers and workers on issues of common interest relating to economic and social policy. It reiterates its previous comments that the Economic and Social Council, the Labour Assembly and the Tripartite Consultative Board are the most important social dialogue mechanisms in Turkey for purposes of the Convention. The Committee notes the information provided by the Government on the meetings held by these three tripartite bodies during the reporting period. In addition, it notes that, in 2014, a fourth tripartite body, the Committee of National Employment Strategy, started meeting twice per year, in June and December. With respect to consultations on matters relating to international labour standards covered by the Convention, more specifically in connection with the re examination of unratified Conventions (Article 5(1)(c)), the Government indicates that the Turkish Employment Agency (İŞKUR) considers Turkish legislation to be in line with the provisions of the Private Employment Agencies Convention, 1997 (No. 181), but has indicated that this issue must be negotiated with the social partners. In this context, the Government refers to national legislation establishing temporary business relationships through private employment agencies, Act No. 6715, which entered into force in May 2016. With respect to tripartite discussions on other matters relating to international labour standards under Article 5(1) of the Convention, the Committee refers to its previous comments, in which it noted the observations of workers’ organizations, in which the Confederation of Public Employees’ Trade Unions indicated that the Government had made no effort to consult the social partners on the application of ILO Conventions. The Committee therefore requests the Government to provide more detailed information on the specific content and outcome of tripartite consultations held on each of the matters related to international labour standards set out in Article 5(1) of the Convention, including on the re examination of unratified Conventions (Article 5(1)(c)) and on questions arising out of reports to be made under article 22 of the ILO Constitution (Article 5(1)(d)). The Committee also refers to its comments made in 2015 on the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and invites the Government to continue to provide information on the consultations held with the social partners concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181), which would involve the immediate denunciation of Convention No. 96.

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The Committee notes the Government’s report and the observations made by the Turkish Confederation of Employers’ Associations (TİSK), the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Confederation of Public Employees’ Trade Unions (KESK), transmitted by the Government.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the Economic and Social Council, the Labour Assembly and the Tripartite Consultation Board are the most important social dialogue mechanisms put forward in the framework of the Convention. The Committee notes that the Tripartite Consultative Board has discussed legislative bills during its meetings. In 2013 and 2014, discussions were held on regulations for the implementation of temporary employment relationships via private employment agencies; however, an agreement could not be reached among the social partners. In its observations, referring to the single meeting of the Tripartite Consultation Board held in 2012 when more sessions are usually held per year, TİSK indicates that it would have been of benefit if the Board, whose purpose is to meet to carry out effective consultations, had been convened more frequently when legislation profoundly affecting working life was passed. TİSK indicates that the Government has taken initial steps in connection with the Private Employment Agencies Convention, 1997 (No. 181), and that it is planning to introduce statutory provisions, in cooperation with the social partners in the Tripartite Consultation Board, to allow private employment agencies to establish temporary employment relationships. TÜRK-İŞ and KESK are of the view that the Tripartite Consultation Board did not carry out any effective work on fundamental issues in the period under review, adding that legislative bills were prepared without taking into account the views of the workers’ organizations. KESK further indicates that the Government made no effort to consult the social partners on the application of ILO Conventions (Article 5(1)(d)). The Committee requests the Government to provide specific information on the tripartite consultations held within the Tripartite Consultative Board on the matters concerning international labour standards covered by the Convention (Article 5(1)). The Committee refers to its comments on the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and invites the Government to provide information on consultations relating to the re examination of unratified Conventions, such as the Private Employment Agencies Convention, 1997 (No. 181) (Article 5(1)(c)).

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Effective tripartite consultations. The Committee notes the Government’s report received in December 2010 for the period ending May 2010 and the information provided by the Turkish Confederation of Employer Associations (TİSK) and the Confederation of Turkish Trade Unions (TÜRK-İŞ). The Committee notes that the Tripartite Consultative Committee met numerous times from 2008 to 2010 in order to discuss, among other items, legislative amendments arising out of points related to the application of ratified Conventions (Article 5(1)(d) of the Convention). In this regard, TİSK indicates that at a meeting held on 28 January 2009, in view of the global economic crisis, it was decided that the Government and the social partners should meet more regularly throughout 2009 to assess the situation. The matters discussed at the Tripartite Consultative Committee included the revision of the operation of private employment agencies. The Committee invites the Government to include in its next report updated information on the tripartite consultations held on the matters covered by the Convention (Article 5(1)). In this regard, the Committee invites the Government to provide information relating to the examination of the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), and the Private Employment Agencies Convention, 1997 (No. 181), which might result in the denunciation of the Underground Work (Women) Convention, 1935 (No. 45), and the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), (Article 5(1)(c) and (e) of the Convention).

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2008 and the detailed contributions provided by the Turkish Confederation of Employer Association (TİSK), and the Confederation of Turkish Trade Unions (TÜRK–İŞ). The Committee notes that the Tripartite Consultative Committee established under the Labour Act to ensure effective tripartite consultations met several times between 2004 and 2007. In this connection, the Committee notes the TÜRK–İŞ’s concern that the Tripartite Consultative Committee has not been consulted on important labour law amendments. The Committee also notes the activities carried out by a tripartite working group on social dialogue established by the Ministry of Labour and Social Security to evaluate mechanisms established in the country and to elaborate recommendations, taking into consideration the experience of the EU countries. The Committee invites the Government to continue reporting on the content and outcome of consultations in the Tripartite Consultative Committee, and other tripartite bodies, on matters related to international labour standards covered by Article 5 of the Convention.

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Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2008 and the detailed contributions provided by the Turkish Confederation of Employer Association (TİSK), and the Confederation of Turkish Trade Unions (TÜRK-İŞ). The Committee notes that the Tripartite Consultative Committee established under the Labour Act to ensure effective tripartite consultations met several times between 2004 and 2007. In this connection, the Committee notes the TÜRK-İŞ’s concern that the Tripartite Consultative Committee has not been consulted on important labour law amendments. The Committee also notes the activities carried out by a tripartite working group on social dialogue established by the Ministry of Labour and Social Security to evaluate mechanisms established in the country and to elaborate recommendations, taking into consideration the experience of the EU countries. The Committee invites the Government to continue reporting on the content and outcome of consultations in the Tripartite Consultative Committee, and other tripartite bodies, on matters related to international labour standards covered by Article 5 of the Convention.

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1. Effective tripartite consultations. The Committee takes note of the information contained in the Government’s report received in October 2006, and the detailed comments and supplementary information provided thereon by the Turkish Confederation of Employer Association (TİSK), and the Confederation of Turkish Trade Unions (TÜRK-İŞ). The Committee notes the activities undertaken further to the development and review of Turkey’s labour legislation. In this regard, the Committee recalls the establishment of a Tripartite Consultative Committee, which seeks to “ensure effective consultations between the Government, employers, public employees and confederation of trade unions in developing labour peace and industrial relations”. The Committee notes with interest the decisions taken by the Tripartite Consultative Committee with respect to contributing to the development of national legislation giving effect to international labour standards. The Committee requests that it continues to be kept informed of the outcomes of consultations in this, and other tripartite bodies, on such matters stipulated under Article 5 of the Convention.

2. The Committee observes the concern expressed by TİSK whereby it finds that there are no initiatives to include social partners in the negotiations with the European Union on matters related to working life, in particular on “Social Policy and Employment”, during, what it considers to be, one of the most intensive phases in the integration process triggered by Turkey’s membership negotiations with the European Union. TİSK considers that social partners should be able to participate directly through a mechanism that would allow their views to contribute to, and be reflected in, the preparation of the strategies and the commitments in relation to this process. In this regard, the Committee recalls that the 90th Session of the International Labour Conference (June 2002) adopted a resolution concerning tripartism and social dialogue which provides that these methods have proven to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which social partners play a direct, legitimate and irreplaceable role. The Committee thus invites the Government and social partners to promote and reinforce tripartism and social dialogue, with a view to ensuring adequate consideration has been given to the social concerns of all stakeholders, under the procedures covered by the Convention.

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1. Reinforcing social dialogue. The Committee notes the detailed information in the Government’s report received in October 2004 containing observations made by the Turkish Confederation of Employer Associations (TISK), the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Confederation of Progressive Trade Unions (DISK), the Confederation of Turkish Real Trade Unions (HAK-IS) and the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN). It also notes the observations of February 2004 by the Confederation of Public Servants’ Trade Unions (KESK) and the Government’s response thereto of October 2004.

2. The Committee notes that both the Government and the representative organizations of employers and workers report on progress accomplished in the area of social dialogue, thanks to the establishment of a number of tripartite consultative bodies. It notes with interest the Tripartite Protocol, drawn up in June 2001 between the Ministry of Labour and Social  Security and TISK, TÜRK-IŞ, HAK-IS and DISK for the setting up of an "academic council" for the development of social legislation in conformity with international standards. The Committee asks the Government to send information on the activities of this council and also requests it more generally to submit all relevant information on progress achieved in the practical application of the Convention (Part V of the report form).

3. Tripartite consultations called for by the Convention. The Committee notes with interest the setting up of the Tripartite Advisory Board pursuant to article 114 of the new Labour Act (No. 4857 of 2003). This Board is called upon to "ensure effective solidarity between government and employer, civil servants and confederations of workers’ unions, for the purpose of developing labour peace and industrial relations". The Committee notes that the rules and procedures for the operation of the Board, adopted in April 2004, seem to comprise the consultation provided for in the Convention. It also notes that DISK hopes that the Board will fulfil the functions provided for in Convention No. 144 and result in effective tripartite consultation between the Government and the social partners. With reference to the information that the first meeting of the Board was held in May 2004, the Committee invites the Government to continue to provide it with information on the consultations held in the Board during the period covered by the next report, in particular on the matters set out in Article 5, paragraph 1, of the Convention.

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Further to its previous comments, the Committee notes the detailed information provided by the Government in its report for the period ending May 2001. The Committee notes the indication that the Government will supply in future reports all relevant information on the consultations held in the Economic and Social Council on subjects covered by the Convention.

The Committee notes that the Government regularly supplies with its reports on the application of the Convention copies of the observations received from the representative organizations. The Government’s last report was accompanied by observations made by the Confederation of Progressive Trade Unions (DISK) and the Turkish Confederation of Employers’ Associations (TISK). In its communication, TISK indicates that tripartite consultations are carried out most frequently through written communications and once again welcomes the Government’s efforts over the past few years to promote dialogue and tripartite consultation. However, in its communication, the DISK regrets that the Government has ceased to hold consultations in the tripartite consultation committee established in 1998, in which the matters covered by the Convention had been discussed. DISK hopes that the tripartite consultation committee will become operational once again and encourages the Government to take the necessary measures to make it a permanent body.

The Government is requested to provide any comments that it considers appropriate with regard to the observations made by DISK and TISK, and particularly to indicate whether it envisages making the tripartite consultation committee operational once again.

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The Committee notes the information contained in the Government’s report, received in September 2001, which included comments supplied by the Confederation of Progressive Trade Unions (DISK) and the Turkish Confederation of Employers’ Associations (TISK) in Turkish. It will examine the Government’s report and comments of the DISK and TISK during its upcoming session and welcomes any additional information that the Government may wish to provide.

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The Committee notes with interest the Government's report, which contains detailed information in reply to its previous comments. The Committee notes in particular that, notwithstanding the practice of consulting the social partners through written communications, in agreement with the social partners, the Government established a tripartite advisory committee in 1998 which discusses the matters covered by the Convention. In this respect, the Committee notes with interest the reports of the meetings held prior to the establishment of this tripartite body and the reports of the advisory committee's work, including those on the adoption of its methods of work.

The Committee notes that the Government's positive attitude to giving full effect to the Convention is welcomed by the social partners which participate in the consultations and requests the Government to continue providing, as recommended by the Confederation of Turkish Employers' Associations (TISK), all relevant information on the operation of the tripartite advisory committee and the consultations held therein.

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The Committee notes the Government's report and the information that it contains in response to the Committee's previous direct request. The Committee also notes the comments made by the Confederation of Turkish Employers' Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) which again request an increase in the number of representatives of organizations representing employers and workers on the Economic and Social Council.

Article 2 of the Convention. The Committee notes the information provided by the Government concerning this Article. The Committee refers to the comments made by the above representative organizations and, with a view to achieving an application of the provisions of the Convention which satisfy all the parties concerned, considers it opportune to suggest that the Government undertakes consultations with the social partners' representatives to determine the nature and form of the procedures to ensure effective consultations with respect to the matters concerning the activities of the ILO set out in Article 5, paragraph 1. The Committee requests that in its next report the Government provides information, where necessary, on the consultations held on this point as well as their results.

Article 4. The Committee wishes to recall the specific nature of the matters which should be addressed during the consultations, as well as the frequency of consultations. The Committee, therefore, requests the Government to envisage consulting the representative organizations to conclude the appropriate arrangements for the financing of any training necessary for the participants in the procedures as set out in the Convention. The Committee would be grateful if the Government would provide information on such arrangements.

Article 5. The Committee notes the information provided by the Government on the consultations which have been held on the matters set out in points (c) and (d) of paragraph 1. The Committee hopes that, in future, such consultations will also address the matters set out in points (a) and (b) of the same paragraph.

Article 6. The ILO requests the Government to inform it of the outcome of the consultations held on the question of issuing an annual report on the working of the procedures provided for in the Convention.

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The Committee notes with interest the Government's first report on the application of the Convention. It notes the establishment by a circular of the Prime Minister's Office, dated 17 March 1995, of the Economic and Social Council for the purposes set out in the Convention.

The Committee also notes the Government's opinion that the application of the Convention needs improving, particularly with regard to the matters that should be covered by tripartite consultations, as well as the establishment of procedures for effective consultations within the meaning of the Convention.

The Committee also notes the observations of representative organizations to the effect that, for the purposes of the consultations provided for in the Convention, the number of their representatives on the Economic and Social Council should be increased.

The Committee hopes that the Government will adopt the necessary measures in the near future with a view to giving full effect to the provisions of the Convention and it wishes to make a number of comments on the Government's response to the request for information contained in the report form. Furthermore, it requests the Government to supply additional information on a number of points.

Article 2 of the Convention. On the one hand, the Government states that the procedures established under this Article to ensure effective consultations have not yet been determined and, on the other hand, that the consultations held up to now, and even before the ratification of the Convention, take place through written communications and consist of requesting representative organizations for their opinion on whether to ratify Conventions and on the content of reports to be made by the Government under article 22 of the Constitution of the ILO.

The Committee wishes to emphasize that, in accordance with this provision, the Government undertakes to operate procedures which ensure effective consultations on each of the matters set out in Article 5, paragraph 1, after consultation with the representative organizations on the nature and form of the above procedures. The Committee considers it useful to recall that in its 1982 General Survey on tripartite consultation it defined effective consultations in the meaning of the Convention as those which enable the representative organizations to have a useful say in matters relating to the activities of the ILO (para. 44). The Committee trusts that the Government will not fail to hold the consultations rapidly that are envisaged in paragraph 1 of Article 2 and that it will be in a position to supply information in its next report on these consultations, as well as a description of the procedures adopted, where appropriate.

Article 3. The Committee recalls that, in accordance with this Article, the persons representing employers' and workers' organizations for the purposes of the procedures provided for in the Convention shall be freely chosen by the above organizations. The Committee requests the Government to describe the manner in which the representatives to the Economic and Social Council are selected and to indicate the measures taken to ensure their representation on an equal footing.

The Committee would also be grateful if the Government would provide the Office with the text of the circular of 17 March 1995 establishing the Economic and Social Council and copies of any texts respecting its composition, responsibilities and functioning.

Article 4. The Committee notes the Government's statement that responsibility for the administrative support of the consultation procedures is not assumed by the competent authority, as required by paragraph 1 of this Article. The Committee hopes that the Government will take all the necessary measures to give effect to this provision. Furthermore, in view of the specific nature of the matters which should be covered by consultations, and the volume of these consultations, the Committee invites the Government to envisage, as set out in paragraph 2, the establishment with the representative organizations of appropriate arrangements for the financing of any necessary training of participants in the procedures covered by the Convention.

Where appropriate, the Committee would be grateful if the Government would provide information on such arrangements.

Article 5. The Committee wishes to emphasize the particular importance that it attaches to supervising the application of this provision, particularly through the information contained in the reports transmitted to the Office under article 22 of the Constitution of the ILO. It therefore requests the Government to provide full information in future reports on the consultations held during the reference periods on each of the matters set out in paragraph 1 of this Article, including information on the frequency of the consultations, which under the terms of paragraph 2 should be undertaken at least once a year. It also requests the Government to indicate the nature of any reports or recommendations made as a result of these consultations.

Article 6. The Committee notes that no annual report is produced on the working of the consultation procedures. It would be grateful if the Government would consult the representative organizations on this question, as provided for in this Article, and supply information in its next report on these consultations.

Point III of the report form. Please indicate how the application is supervised of the legislation covered by this point, which the Government states briefly in its report is the responsibility of the social partners.

Point VI. The Committee requests the Government to make any comments that it considers useful with regard to the hope expressed by the representative organizations that the number of their representatives on the Economic and Social Council will be increased.