Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Employment Service Convention, 1948 (No. 88) - Türkiye (Ratification: 1950)

The Committee notes the information contained in the Government’s report, received in September 2001, which included comments by the Confederation of Progressive Trade Unions (DISK) and the Turkish Confederation of Employers’ Associations (TISK).

In reply to previous comments, the Government indicates that Legislative Decree No. 617 had been promulgated by the Council of Ministers in October 2000. However, the Constitutional Court subsequently held Act No. 4588, which had purportedly given the Council of Ministers authority to promulgate laws, to be unconstitutional. The Government has therefore submitted a new draft to the Grand Assembly for consideration. The Government further states that employment institutions will be restructured as part of the European Union entry process. TISK considers it important that the bill to restructure the employment services be brought into effect as soon as possible. The Committee notes this information and would appreciate receiving a copy of the new law once it is adopted.

Articles 4 and 5. The Committee notes that no information has been supplied concerning the operation of advisory committees, in particular representation of workers’ organizations. It also notes the observation of DISK that in their view Articles 4 and 5 are not applied. Please supply further information on the application of these Articles.

Article 9. The Committee again requests information concerning the status and conditions of employment service staff.

Article 11. The Committee notes the comments of TISK that the new Turkish Labour Institute is to cooperate closely with private employment agencies. However, DISK states that private employment agencies may charge fees to top-level managers. DISK also fears that private employment agencies may pose a risk of exploitation of workers in the current climate of high unemployment. Please supply full information on arrangements made to secure effective cooperation between the public employment service and private employment agencies not conducted with a view to profit.

The Committee hopes that the abovementioned points will be kept in mind during the restructuring of employment institutions, and would appreciate receiving further information on how the Convention is applied.