Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 138) sur l'âge minimum, 1973 - Türkiye (Ratification: 1998)

Article 3, paragraphs 1 and 2, of the Convention. Hazardous work. With reference to its previous comments, the Committee notes with interest the adoption of the Labour Act, No. 4857 of 22 May 2003 (hereinafter, the Labour Act). It notes in particular that section 72 of the Labour Act prohibits the employment of boys under 18 years of age and women of any age in work underground or under water, such as work in mine galleries, cabling, sewage and tunnel construction. It also notes that, by virtue of section 73 of the Act, it is prohibited to cause young persons under the age of 18 years to work at night in industrial works. Furthermore, section 71(3) of the Labour Act provides that jobs which are prohibited for children and young workers under the age of 18 years, as well as those prohibited for young workers between the ages of 15 and 18 years, shall be determined by regulations to be prepared by the Ministry of Labour and Social Security. In this respect, the Committee notes the adoption of the Regulations on the fundamentals and principles of the employment of children and young workers of 6 April 2005 (hereinafter, the Regulations No. 25425 of 6 April 2004). In particular, it notes that Appendix 3 to these Regulations contains a list of hazardous types of work prohibited for young persons under 18 years of age.

Article 3, paragraph 3. Authorization to work from the age of 16 years. In its previous comments, the Committee noted that section 1 of the Regulations on hazardous and arduous work of 1973 defines the types of work considered to be hazardous and arduous and those to which young persons between the ages of 16 and 18 years may be admitted. The Committee also noted that, under section 3 of the Regulations, a medical certificate is required upon the recruitment of young persons between 16 and 18 years of age for hazardous or arduous work. The Committee reminded the Government that Article 3, paragraph 3, of the Convention provides that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work by young persons as from the age of 16 years on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It requested the Government to provide information on the measures adopted in this respect.

The Committee notes the Government’s indication that, under the terms of section 85(1) of the Labour Act, young persons and children who have not reached the age of 16 years may not be engaged in hazardous work. Under section 85(2), the Ministry of Labour and Social Security shall prepare regulations determining the types of hazardous and arduous work which may be performed by women and young workers between 16 and 18 years of age. In this respect, the Committee notes the adoption of Regulations No. 25494 on hazardous and arduous work of 16 June 2004 (hereinafter, Regulations No. 25494 of 16 June 2004), which include in Appendix 1 a very detailed list of hazardous types of work which may be performed by young workers between 16 and 18 years of age. It also notes that, under the terms of section 4 of Regulations No. 25494 of 16 June 2004, the conditions set out in Article 3, paragraph 3, of the Convention are respected, namely that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the consultations held with the organizations of employers and workers concerned prior to the adoption of these Regulations. It also requests the Government to indicate whether the Regulations on hazardous or arduous work of 1973 are still in force.

Article 7, paragraphs 1 and 3. Light work. With reference to its previous comments, in which it requested the Government to provide information on the types of light work which can be performed by children who have reached 13 years of age, and the conditions in which such employment or work has to be performed, the Committee notes that the Labour Act and Regulations No. 25425 of 6 April 2004 contain provisions governing this type of employment. By virtue of section 71(1) of the Labour Act, children who have reached the age of 14 years and completed primary education may be employed on light work. Under the terms of section 4 of Regulations No. 25425 of 6 April 2004, the expression "light work" is defined as work: (a) which is not harmful for the development, health or safety of children; or (b) which does not prevent children from attending school or participating in vocational training. Furthermore, Appendix 1 to Regulations No. 25425 of 6 April 2004 contains a list of ten activities permitted for young workers (persons over 14 years of age but under 15 who have not completed primary education - section 4).

Article 8. Artistic performances. The Committee previously requested the Government to indicate whether children under the age of 15 years in practice appear in artistic performances. In this respect, the Government indicates that section 16 of the Civil Code provides that children may appear in artistic performances with the consent of their family or legal representative. The Committee recalls that under Article 8, paragraph 1, of the Convention, the competent authority may, as an exception to the minimum age for admission to employment or work of 15 years specified by Turkey and after consultation with the organizations of employers and workers concerned, allow, by permits granted in individual cases, participation in activities such as artistic performances. It also reminds the Government that, under the terms of Article 8, paragraph 2, permits so granted shall limit the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee requests the Government to provide information on the effect given to this provision in practice, with an indication of the procedure for issuing individual permits.