Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee takes note of the Government’s report and of the observations made by the Confederation of Turkish Trade Unions (TÜRK-IS) and the Turkish Confederation of Employer Associations (TISK). It once again notes that the comments made by TÜRK-IS are identical to those attached to the Government’s reports of 1996 and 1997 and to those contained in the communication of TÜRK-IS dated 17 June 1996. The Government has already provided its response to the questions raised by TÜRK-IS following which the Committee has drawn up its own comments.

The Committee recalls its previous observation in which it requested the Government to supply information on the functioning of the control body under section 33 of the "General specifications for public works" and the inspection under section 4 of Decree No. 88/13168, including the number and nature of infringements observed and sanctions applied. In its reply, the Government refers to the conditions under which the Council of Ministers may issue an order extending the terms of a collective agreement. The Committee notes this information but considers it irrelevant with reference to its request for specific information on the functioning of labour inspection or other enforcement machinery relating to the execution of public contracts. The Committee is obliged to recall that by ratifying an international labour Convention governments undertake to ensure not only legislative conformity with its provisions but also effective application of the implementing legislation in practice. The Committee therefore reiterates its request for detailed information bearing on the supervision and enforcement of the relevant legislation and hopes that the Government will make every effort to obtain and supply such information in accordance with Article 6 of the Convention and Part V of the report form.

With reference to public contracts for the manufacture and assembly of materials, the Committee recalls its previous comments in which it noted that such contracts appear to fall outside the scope of application of Decree No. 88/13168. In the absence of any concrete reply on this point, the Committee is bound to repeat its request for information on the measures taken or envisaged to ensure the insertion of labour clauses in accordance with Article 2 of the Convention in all contracts covered by Article 1(c)(ii) of the Convention by means of extending the application of Decree No. 88/13168 or otherwise.

As regards measures to ensure that persons tendering for public contracts are aware of the terms of the labour clauses, as set out in Article 2(4) of the Convention, the Committee notes the Government’s reference to section 6 of Decree No. 88/13168 which provides that in order to furnish the contractors with beforehand information concerning working conditions, it shall be cited in the specifications of the tender that provisions such as those to be included in the contract have been enclosed in the file concerned. The Committee also notes the Government’s indication that the Decree and the "General Specifications" are the standard appendices to the public contracts, and thus the contractors are undoubtedly aware of the labour clauses. The Committee would be grateful to the Government for confirming whether in practice all invitations to tender for public contracts contain specific information on the labour conditions to be observed by the prospective contractor, as section 6 of Decree No. 88/13168 seems to require, and would appreciate receiving copies of such invitations.