Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 1 and 2 of the Convention. Inclusion of labour clauses in public contracts for manufacture of goods. The Committee has been drawing the Government’s attention for a number of years to the fact that with respect to public contracts concerning the manufacture of goods, materials or equipment, the public procurement legislation does not provide for the insertion of labour clauses of the type referred to in Article 2 of the Convention. In its latest report, the Government acknowledges that, contrary to the practice followed as regards public procurement for construction works and services, no provision is made in the public procurement legislation for labour clauses in contracts for the manufacture and assembly of materials or the procurement of equipment (except for section 16.5 of the Annex to the Regulation on Implementation of Goods Procurement which requires the contractor to take all safety precautions for the duration of the work as determined by laws, regulations and directives for the workers’ health and safety). The Government indicates, in this connection, that in accordance with sections 12, 13 and 15 of the Regulation on Implementation of Goods Procurement and section 44 of the Standard Contract for Procurement of Goods, it is possible to include labour clauses in contracts on the condition that public procurement legislation is not opposed and Standard Contract provisions are not changed. Recalling that this is a long-standing issue and that little progress has been made over the years, the Committee hopes that the Government will take the necessary measures very shortly to ensure that the national legislation in respect of public contracts for the manufacture and assembly of materials or equipment is brought into full conformity with the requirements of the Convention.

In addition, the Committee notes the comments made by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS). TISK maintains that the public procurement legislation is in conformity with the Convention and refers to the General Specifications for Construction Works which are annexed to the 2009 Regulation on Implementation of Works Procurement, in particular section 43(8) that gives full effect to the provisions of Article 2(1) and (2) of the Convention. For its part, TÜRK-IS indicates that the Government has yet to put in place domestic regulations implementing the Convention and adds that subcontracting, often associated with unfair treatment of workers, is increasingly common in public procurement operations. TÜRK-IS accordingly requests the Government to align the national legislation with the requirements of the Convention as a matter of urgency. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IS.

Article 2(4). Information for tenderers. The Committee recalls its previous comments in which it requested the Government to specify how it is ensured that the terms of labour clauses are brought to the attention of tenderers at the pre-selection stage, as required under this Article of the Convention. As the Government’s report does not contain any new information on this point, the Committee again requests the Government to indicate whether the labour clauses provided for in the standard forms of contract and the General Specifications are included in the Announcement for Procurement referred to in Annex 1 of the Regulation on Implementation of Services Procurement and the Regulation on Implementation of Works Procurement.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that there are no inspection reports or statistical data available concerning inspections of procurement operations for services, works and goods. The Committee understands, however, that the Government has been receiving technical assistance from the ILO International Training Centre (ITC–ILO) for the reinforcement of administrative capacity and good governance in the public procurement sector and also capacity-building assistance from the World Bank to implement sustainable public works programmes. Noting these current initiatives, and recalling that the Government has previously provided statistical information concerning the number of enterprises inspected and the number of infringements imposed, the Committee hopes that the Government will make an effort to collect and provide up-to-date information on the practical application of the Convention, including for instance inspection results, and copies of official documents or studies on matters dealt with in the Convention, such as annual reports of the Public Procurement Authority (PPA).