Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Articles 1 and 2 of the Convention. Labour clauses in public contracts. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) concerning the application of the Convention. TISK refers to some new provisions introduced in section 2 of Labour Act No. 4857 by virtue of Act No. 5538 of 1 July 2006, according to which workers employed in the execution of a public contract may not be appointed to a position of the contracting public authority or have access to any benefits and entitlements provided to the employees of the contracting public authority. Under the same provisions, public contracts for services may not contain provisions which empower the contracting public authority to recruit or terminate the employment of workers or which guarantee continued employment to workers engaged in the performance of a public contract. In this connection, TISK admits that the new provisions were introduced in order to prevent the malpractices experienced under the previous Labour Act No. 1475, but considers the provisions in question to be unconstitutional and to have rendered the system of public contracting impossible to manage. For its part, TÜRK-IŞ states that the newly added paragraphs in section 2 of the Labour Act contravene the standards set out in the Convention without further elaborating. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ.

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