Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Türkiye (Ratification: 1952)

The Committee has expressed for many years its concerns regarding legislative infringement of free collective bargaining, compulsory arbitration in cases of collective disputes other than those relating to essential services and denial of the right to bargain collectively to public servants.

The Committee notes that the Government makes no comment in its report on the issue of compulsory arbitration but indicates only that public employees such as teachers and banking employees will be provided the right and freedom to organize. In addition, the Committee regrets that despite the Government's statement to the Conference Committee in 1991 to the effect that it had introduced a Bill which envisaged lifting the 10 per cent minimum branch membership requirement for collective bargaining, the Government states in its current report that since the social partners are still opposing this amendment, it does not consider itself to be in a position to modify the law. The Committee can only point out once again that under Article 4 Governments should take measures appropriate to national conditions to encourage and promote the full development and utilization of voluntary negotiation by means of collective bargaining.

The Committee therefore recalls that the numerical requirements in article 12 of Act No. 2822 are not in accord with the principle of voluntary collective bargaining under the Convention, and requests that the Government indicate in its next report any measures taken or contemplated in relation to the three issues above to bring its legislation into conformity with the Convention.