Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour Inspection Convention, 1947 (No. 81) - Türkiye (Ratification: 1951)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK), communicated with the Government’s report and received on 29 September 2020, and the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN), communicated with the Government’s supplementary report.

COVID-19 measures. The Committee notes the Government’s indication in its supplementary report that the number of inspections decreased due to COVID-19, but that the labour inspectorate focused instead on the examination of applications for short-time working allowances (unemployment allowances provided following an application to reduce or suspend the employment period). The Government also indicates that labour inspectors informed employers, workers and OSH professionals about occupational safety and health (OSH) measures to protect against COVID-19 in the workplace. The Committee requests the Government to continue to provide information on developments in this regard.

Articles 3, 5(b), 10 and 16 of the Convention. OSH inspections, including in the mining sector and in relation to subcontracting situations. The Committee previously noted the concerns of several trade unions relating to OSH inspections, including their insufficient coverage, the widespread noncompliance with OSH requirements and the high incidence of occupational accidents and diseases. In this respect, the Committee notes the statistics provided in the Government’s report, including the number of workplaces and workers in the mining sector and in subcontracting situations, of OSH inspections undertaken in such workplaces and of occupational accidents and diseases recorded. The Committee notes that the total number of occupational accidents reported in 2017, 2018, and in the first five months of 2019 remain significant (359,653 in 2017; 430,769 in 2018 and 159,099 in the first five months of 2019) and that the total number of OSH inspections conducted was 10,804 in 2017, 12,649 in 2018 and 3,088 in all of 2019. The Committee also notes the observations of the International Trade Union Confederation (ITUC) on Conventions Nos 155, 167, 176 and 187, which allege that the number of fatal occupational accidents has increased in 2020, as well as the Government’s response that the number of accidents should not be examined in isolation, but should be evaluated over the years, against OSH conditions and the number of employees in the country. The Government indicates that OSH inspections, including in mining, decreased due to COVID-19. With regard to occupational accidents, the Committee refers the Government to its detailed comments adopted in 2020 on the OSH Conventions ratified by Turkey. The Committee requests the Government to indicate the reason for the 75 per cent decrease in the number of OSH inspections in 2019, and to continue to provide statistics on the number of OSH inspections conducted and of occupational accidents and diseases registered in workplaces overall, including the mining sector and workplaces with workers in subcontracting situations. In the absence of information in this regard, the Committee once again requests the Government to provide information about arrangements in place to ensure collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Articles 5(a), 7(3), 17 and 18. Effective enforcement of laws and regulations providing for sufficiently dissuasive penalties. Effective cooperation between the inspection services and the judicial system. The Committee takes due note of the statistics provided by the Government concerning the number of inspections conducted and the sanctions imposed in the period 2016–19. Nevertheless, the Committee notes an absence of information on the compliance strategy pursued to address the issue of effective enforcement of dissuasive sanctions, which had been discussed in 2015 by the Committee on the Application of Standards (CAS) of the International Labour Conference on the application of Convention No. 155. The Government indicates that, despite the increase in fines for non-compliance with the Occupational Health and Safety Law No. 6331, as amended by Act No. 6645 in 2015, the amount of administrative penalties applied per inspection during the period 2016–18 has decreased compared to 2014, and the Committee notes from the statistical information in the Government’s supplementary report that there was a further decrease from 2018 to 2019. The Committee also observes with concern that the total number of fines imposed (3,938 in 2016; 3,485 in 2017; 2,637 in 2018; and 470 in 2019) remains low compared to the number of OSH inspections effectuated in the period 2016–19 (14,287 in 2016; 10,804 in 2017 ;12,649 in 2018; and 3,088 in 2019), and the number of enterprises suspended as a result of OSH inspections has substantially declined (820 in 2016; 726 in 2017; 239 in 2018; and 49 in 2019). With regard to effective cooperation between the labour inspection services and the judiciary, the Committee notes that, according to information provided by the ILO Ankara Office, the training programmes provided to labour inspectors and auditors of the Social Security Institution (SSI) in 2018 and 2019 included a component on judicial processes, with the participation of judges from the Ministry of Justice. The Committee also notes the observations of the TISK regarding the participation in ITC–ILO training courses, in February 2020, of 40 labour inspectors and two judges from the Supreme Court and Turkish Academy of Justice. The Committee requests the Government to provide further information on the impact of the increase in fines introduced in 2015, particularly on compliance with OSH legislation, and to continue to provide statistics on fines and sanctions imposed, as compared to the number of violations detected. It also requests the Government to provide information on the reason for the more recent decrease in the number of fines imposed as well as for the decrease in the number of penalties applied per inspection. The Committee further requests the Government to continue to take the necessary measures to ensure effective cooperation between the inspection services and the judiciary and to provide information in this regard.

Articles 10 and 16. Number of labour inspectors, frequency and thoroughness of labour inspections. Further to its previous comments, in which it noted a total of 974 labour inspectors, the Committee notes the Government’s indication in its supplementary report that, as of August 2020, there were 939 labour inspectors, and 91 Auditors employed in the Directorate of Guidance and Inspection of the Ministry of Family, Labour and Social Services, with plans to hire 80 new Assistant Labour Inspectors. The Committee also notes the statistics provided by the Government concerning the number of OSH and administrative inspections conducted per year for the period 2010–18. With regard to activities undertaken to combat child labour, the Committee welcomes the Government’s indications regarding training provided on this subject to labour inspectors and to auditors between 2017 and 2019 and the information provided on the workplaces where it was determined that children had been employed. The Committee also notes that, according to the Government’s supplementary report, some activities regarding child labour have been postponed due to the COVID-19 pandemic.

With regard to its request on ensuring that the number of labour inspectors and inspections is sufficient to secure the effective application of the legal provisions, the Committee notes the observations of the TISK, which consider that the number of labour inspectors has not sufficiently increased in the face of a rising number of workers and workplaces. According to the TISK, the determination of priority sectors and enterprises, with different inspection plans according to enterprises’ type and size, would also be necessary to make a more efficient use of resources. The MEMUR-SEN also considers that due to insufficient staff and insufficient amount of equipment, labour inspections cannot be carried out adequately. The Committee requests the Government to provide its comments in this regard. Observing that the number of labour inspectors has remained stable since its previous comments, the Committee also requests the Government to indicate the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, and to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the application of the relevant provisions. In addition, the Committee requests the Government to provide further information on the role of auditors in the labour inspection system, including their functions and powers. With respect to the monitoring of child labour, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee is raising other matters in a request addressed directly to the Government.