Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Türkiye

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) (Ratification: 1946)
Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 1975)

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TISK) communicated with the Government’s reports.

Article 2 of Convention No. 42. Restrictive nature of the list of occupational diseases. In its previous comments, the Committee requested the Government to provide information on the procedure for recognition of the occupational origin of diseases not included in the national list of occupational diseases. The Committee notes the Government’s indication in its report that in this instance the Social Security High Health Board determines whether a particular disease is occupational by conducting necessary examinations in accordance with the Regulation on duty, authority and working methods and principles of the Social Insurance High Health Board of 2013 and related legislation. The Committee notes that the TISK points out that Turkey does not adopt a restrictive approach on the indemnification of occupational diseases since even a disease not included in the national list of occupational diseases can be recognized as occupational according to the established procedure. The Committee recalls that Article 2 of the Convention establishes a legal presumption of the vocational origin of the diseases listed in the Schedule appended to it, whenever the workers concerned are employed in the corresponding trades, industries and processes, which relieves the worker of the burden of proving the occupational origin of a disease and the costs of complex and lengthy judicial proceedings. The Committee therefore requests the Government to provide complementary information on the manner in which the burden of proof is regulated in the above-mentioned procedure, its average duration, and the number of requests submitted and of cases of occupational diseases recognized by the Social Security High Health Board, particularly with regard to the substances covered by the Schedule appended to the Convention and not by the national list.

Application of Convention No. 42 in practice. In its previous comments, the Committee requested the Government to provide information on improvement and facilitation of the detection and recognition of occupational diseases. The Committee takes note of the measures indicated by the Government which include, among others, training activities on occupational diseases provided to physicians, issuing of guidelines on diagnosis and notification of occupational diseases, adoption of the National Pneumoconiosis Prevention Action Plan (2017–21), and other activities and projects. The TISK further indicates the ongoing work and in particular the joint efforts of the Ministry of Health and the Ministry of Labour and Social Security on developing a system for identifying occupational diseases. The Committee requests the Government to demonstrate with reference to statistical data the impact of the taken measures on the number of detected and compensated occupational diseases.

Part X (Survivors’ benefit). Article 64, in conjunction with Article 69 of Convention No. 102. Suspension of benefit. The Committee notes from the 37th (2018) report on the application of the European Code of Social Security (Code) that pursuant to an amendment made by the Regulation of Social Insurance Procedures on 5 December 2017, in case the late breadwinner has a debt of insurance contributions, his/her survivors will receive pension only as of the beginning of the month following the date when the debt will be paid. The Committee observes that this rule may effectively deprive the dependants of the deceased of their right to survivors’ benefit if the breadwinner’s family does not dispose of the necessary savings to repay his/her debt to the social insurance institution. In addition, it may penalize them unduly when the debt is due to the non-payment of employer’s contributions or where the employer has failed to remit the deceased worker’s contributions. In this regard, the Committee recalls that the Convention, in its Article 69, limits the cases in which the benefit can be suspended to acts imputable to the persons protected or to their personal circumstances. The Committee therefore requests the Government to indicate whether the payment of a survivors’ benefit is suspended if the default in the payment of contributions is imputable to the employer.

Part XI (Standards to be complied with by periodical payments). Articles 65 and 66. The Committee requests the Government to provide information on the replacement rate of benefits in accordance with Titles I–V of the report form for the Convention.