Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Türkiye (Ratification: 1961)

In its previous observation, the Committee noted the comments communicated in August 1994 by the Confederation of Turkish Trade Unions (TURK-IS). TURK-IS considers that the provisions of Decree No. 88/13168 concerning general principles governing working conditions (labour clause) to be included in public contracts have not been implemented. Referring to the spreading practice of subcontracting, TURK-IS points out that the collective labour agreement concluded by the General Directorate of Highways and the Road, Building and Construction Workers' Union of Turkey (YOL-IS) is not applied to the employees of the contractors and subcontractors of the General Directorate.

The Committee further notes that additional observations made by TURK-IS and observations by the Turkish Confederation of Employers' Association (TISK), both concerning the difficulties encountered in the application of the Convention in practice, have been received with the Government's report.

The Committee notes that the Government refers in the addendum to its report received on 24 November 1995 to the provisions of the above-mentioned Decree No. 88/13168, and in particular to its section 4 stipulating that appropriate inspection should be carried out to ensure its enforcement. The Government states in addition that the "General Specifications for Public Works" contains provisions corresponding to the labour clause in line with the Convention, and its section 33 stipulates the application of penal provisions in the case of violation by contractors of the given labour conditions. The Government therefore considers that such problems as mentioned by TURK-IS can be solved in the context of these existing legislative measures and inspection system.

The Committee notes the above information and recalls that the existing legislative provisions are in conformity with the requirements of the Convention. It points out that the present issue relates to the application in practice of the national provisions that give effect to the Convention. The Committee therefore requests the Government to supply full information on the functioning of the inspection in this regard and the cases in which violations are observed and penal sanctions are actually applied in accordance with the provisions referred to. It asks the Government to provide a copy of the relevant provisions of the above-mentioned "General Specifications", and to include, for example, extracts from official reports.

The Committee is also addressing a direct request to the Government on other points.

[The Government is asked to report in detail in 1996.]