Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Türkiye (Ratification: 1993)

With reference to its observation, the Committee requests the Government to provide further information on the following points.

1. Article 2 of the Convention. (a) In its previous comments, the Committee noted that several categories of workers were denied the right to organize either because they were not covered by the Act respecting trade unions, or because they were specifically excluded from this right by legislation governing their status. Such categories of workers include: homeworkers, private security personnel, contract personnel, apprentices and foreign workers. While noting the Government's indication that apprentices may not join trade unions since they are employed for educational purposes under apprenticeship contracts, the Committee must once again recall that this Article of the Convention provides the right to organize for all workers, without distinction whatsoever (including apprentices who should have the right to benefit from trade union representations), and requests the Government to indicate the measures taken or envisaged to ensure that the above-mentioned workers may fully exercise this right.

(b) In its previous comments, the Committee noted that section 22 of the Act respecting trade unions prohibited workers from belonging to more than one trade union. While noting the indication in the Government's report that the prohibition of more than one union membership is aimed at overcoming the difficulties and disputes in determining the competent trade union to bargain on behalf of the workers in a given undertaking, the Committee must recall that it had requested the Government to envisage measures to amend this provision to enable workers who are employed in more than one occupational activity to belong to the corresponding unions if they so wish. The Government is requested to indicate in its next report any progress made in this regard.

(c) In its previous comments, the Committee noted that section 3 of the Act respecting trade unions provided that trade unions should not be constituted on an occupational or workplace basis. While noting the Government's indication that this provision was designed to help create strong unions, the Committee would recall that the right to join the organization of one's own choosing includes the determination of the level of representation. It expresses the hope that the Government will take the necessary measures to repeal section 3 of the Act to enable workers to organize at the occupational and workplace level.

2. Article 3. The Committee recalls that its previous comments concerned a number of provisions in the Act respecting trade unions which unduly regulated internal trade union matters. Beyond those already mentioned in its observation, these restrictions include the requirement of a minimum active employment prior to eligibility for trade union office (section 14), and the prohibition of union television or radio stations (Act No. 3984 of 13 April 1994). The Committee hopes that the Government will take the necessary measures to amend these provisions so as to enable trade unions to organize their administration and activities and to elect their officers without interference by public authorities.

3. Article 5. In its previous comments, the Committee raised the need to amend section 43 of Act No. 2908 concerning associations of 4 October 1983 which requires the permission of the Ministry of Internal Affairs in order for an association to invite any foreigner to Turkey or for a member of an association to be sent abroad at the invitation of a foreign association or organization, under penalty of imprisonment. The Committee notes with interest from the Government's report that a draft Bill amending this Act so as to repeal this requirement has been prepared and submitted to the National Assembly and requests the Government to indicate in its next report the progress made in this regard.