Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations made by the International Organisation of Employers (IOE) and the Turkish Confederation of Employers’ Associations (TİSK) in a communication received on 1 September 2014 on the application of the Convention. The Committee also notes the observations made by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014 and the Government’s reply thereon.

The Committee further notes the Government’s reply to the previous observations made on Act No. 6356 on trade union and collective labour agreements by the Confederation of Turkish Real Trade Unions (HAK-İŞ), by the Confederation of Progressive Trade Unions of Turkey (DİSK) and by the Union of Municipality and Private Government Employees’ Trade Unions (BEM-BIR-SEN).

Civil liberties. The Committee recalls that for a number of years it has been commenting upon the situation of civil liberties in Turkey. The Committee notes again with concern the recent allegations in the communication of the ITUC of important restrictions placed on freedom of assembly of trade unionists, including violent police intervention with respect to a sit-in protest in support of 56 members of the Confederation of Public Employees’ Trade Unions (KESK) in January 2014, the arrest of 91 workers in April 2014 and the detention of over 140 demonstrators celebrating May Day, accompanied by violent police intervention.

The Committee once again recalls that respect for civil liberties is an essential prerequisite to freedom of association and urges the Government to take all the necessary measures to ensure a climate free from violence, pressure or threats of any kind so that workers and employers can fully and freely exercise their rights under the Convention. The Committee requests the Government to provide information on all measures taken in this respect. The Committee also requests the Government to carry out an investigation into the new allegations concerning the use of violence during police or other security force interventions and to send its observations on the matters raised by the ITUC.

Article 2 of the Convention. Legislative issues. The Committee recalls that its previous observation concerned section 15 of Act No. 6289 on public servants’ unions and collective agreement, amending Act No. 4688, which prohibits several categories of workers, such as senior public employees, magistrates, civilian personnel in military institutions and prison guards, from establishing and joining a trade union.

The Committee notes with interest from the information provided by the Government and TİSK that, following a Constitutional Court judgment of April 2013, the phrase “civilian personnel in military institutions” has been repealed from Act No. 4688. The Committee further notes the indications of the Government and TİSK to the effect that the limitation of the right to organize of high-level public servants is permitted by Article 1 of the Labour Relations (Public Service) Convention, 1978, (No. 151).

The Committee wishes to recall that Article 2 of the Convention guarantees the basic right to form and join organizations of their own choosing to all workers "without distinction whatsoever", including all public servants, whatever the nature of their functions, the only limitations permitted by the Convention being members of the armed forces and the police. Convention No. 151, also ratified by Turkey, was intended to complement the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), by laying down certain provisions concerning, in particular, protection against anti-union discrimination and the determination of terms and conditions of employment as these relate to the public service in general, and was not intended to contradict or dilute the basic rights of association guaranteed to all workers by virtue of Convention No. 87. The Committee has however stated that senior public officials may be barred from joining trade unions provided they are entitled to establish their own organizations to defend their interests (see General Survey on collective bargaining in the public service, 2013, paragraphs 43 et seq., and General Survey on the fundamental Conventions, 2012, paragraph 66). The Committee therefore requests the Government to keep it informed of the steps taken to review Act No. 4688, as amended by Act No. 6289, so as to ensure that senior public employees, magistrates and prison guards are afforded their basic rights to organize either through an amendment to the Act or through separate legislation.

The Committee notes with interest the entry into force on 7 November 2012 of Act No. 6356 on trade unions and collective labour agreements, which repeals the Trade Union Act and the Collective Labour Agreement, Strike and Lockout Act (Nos 2821 and 2822) upon which the Committee has been commenting for several years.

The Committee duly notes the observations of the Government and the TİSK in response to its previous comments on the Associations Act No. 5253 that the provisions of this Act do not apply to trade unions as they are superseded by the provisions in Act No. 6356 which regulate the corresponding matters.

The Committee notes with satisfaction that section 62 of the Act has removed a number of services from the previous strike prohibition and that Act No. 6356 has further eliminated the previous restrictions on politically motivated strikes, solidarity strikes, occupation of work premises and go-slows to bring it into line with the 2010 constitutional amendments, while additionally a recent Constitutional Court judgment has removed the banking services and urban public transport services from the remaining list of essential services in the Act. The Committee requests the Government to provide information on any practical application of this provision.

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