Internal Document F Ces8851-2008 Doc-Int En

REX/264 EU-Turkey Joint Consultative Committee

Brussels, 19 November 2008

25th meeting of the EU-Turkey Joint Consultative Committee Paris, France 18-19 November, 2008

Joint REPORT

TRADE UNION RIGHTS SITUATION IN TURKEY

RAPPORTEURS

Prof. Dr. Rüçhan IŞIK Member of the EU-Turkey Joint Consultative Committee - Group III (Various Interests) Representative of Turkish Association of Industrial Relations in Ankara

Sandy BOYLE Co-Chair of the EU-Turkey Joint Consultative Committee - Group II (Employees) Deputy Secretary-General, UNIFI finance sector union

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1. Introduction

A brief history of the Turkish collective labour legislation, 1980 to 2008

1.1 Following the military intervention of 12 September 1980, initiatives to amend legislation on trade unions took start in 1981 and gained further speed upon the adoption of the new Constitution (1982). Finally, legislative acts nos. 2821 and 2822 were adopted by the National Security Council on 5 May 1983. Albeit the existence of a Consultative Assembly which partly shared legislative power at that time, these two acts were not discussed in the assembly for their special place in the agenda of the National Security Council and directly adopted by the Council bypassing the Assembly.

1.2 It is beyond doubt that just as the Constitution of 1982, acts nos. 2821 and 2822 too were characterised by reaction to what had been experienced prior to 1980. In fact, rather elaborate arrangements brought by the 1982 Constitution had the purpose of blocking future legislative bodies to introduce some amendments in particular areas. Hence, it can be said that the Constitution of 1982 is directly the origin of at least some legislative arrangements adopted by the National Security Council of the time, that put serious constraints on industrial relations in Turkey.

1.3 November 1983, there was a kind of return to a parliamentary system upon the formation of the Bureau of the Grand National Assembly, though with some serious limitations. The legislative acts nos. 2821 and 2822 which had replaced acts nos. 274 and 275 dated 1963 were put to implementation both legally and in practice. However, it soon became clear that these legislative arrangements were far from providing grounds for a sound trade union and collective bargaining regime.

1.4 The failure of the new legislation to bring a free trade union environment was also confirmed by the fact that annual conferences of the ILO frequently placed Turkey in its agenda, raised serious criticisms, and even reserved special paragraphs for the situation in Turkey.

1.5 The Turkish legislator did not remain insensitive to these reactions. From 1983 to 2005, there were 11 legislative amendments to the Trade Union Act no. 2821. During these new legislative arrangements, the ILO norms were born in mind and, furthermore, the ILO convention no. 87 (1948) which is the fundamental instrument for the freedom association was ratified by Turkey in 1993 though with some delay. This ratification made it obligatory to grant the right to organise to government employees just as employers and workers. Indeed, this Convention envisages this right for all working people, not only wage workers. After a long period of pause, the Public Servants Trade Union Act no. 4688 was adopted in 2001. However, neither amendments in Acts 2821 and 2822 nor the provisions of the Act no. 4688 were found fully satisfactory in terms of relevant international norms.

1.6 Meanwhile, the start of the accession period for Turkey's membership to the European Union made new steps forward in the field of trade union rights and freedoms compulsory. It is clear that alignment with the EU acquis is simply unthinkable given the trade union legislation which is not responsive even to the requirements of ILO norms. What needs to be done at this stage is to

.../... - 3 - immediately give effect to changes in the relevant provisions of the 1982 Constitution in the first place, and in Acts 2821, 2822 and 4688.

1.7 Constitutional amendments of 2001 and 2002 as well as draft bills on amendments to Acts 2821 and 2822 prepared by a commission composed of three academics were deemed positive but not sufficient steps by the ILO circles. Following this, discussions and negotiations took place within the Ministry of Labour and Social Security and in the Turkish Economic and Social Council, particularly in the Tripartite Consultative Board and some common points were identified within the framework of tripartite structure.

1.8 During May 2008, two bills drafted by seven deputies from the ruling party and submitted to the Parliament. An assessment of these draft bills envisages substantial changes in Acts 2821 and 2822.

1.9 According to relevant circles, the draft bills suggest the following:

 The draft bill envisages rather substantial changes or new provisions in the acts mentioned.  The draft bill can be said to have two major purposes. The first is to respond to years-long ILO criticisms on the Turkish legislation, and the second is to bring solution, as far as possible, to some problems and bottlenecks faced in implementation.

1.10 Further on, it must be emphasised that the recent ILO criticism focuses mainly on the act no. 4688 on the Public Servants Trade Unions Act. Unless tangible improvements are launched in this Act as well, it will not be realistic to expect and substantial improvement in relation between the ILO, EU and Turkey.

1.11 The four Chapters which follow give more detailed background to the previous work of the JCC, analyse the present position and offer Conclusions and Recommendations for consideration.

2. Background

2.1 Trade Union rights in Turkey has been a regular item of discussion on the agenda of the EU – Turkey Joint Consultative Committee (JCC) since this issue was identified as a subject for future work at the 18th Meeting in The Hague, Netherlands on 29/30 November 20041.

2.2 At its 19th Meeting, held in Istanbul, Turkey, on 7/8 July 20082 the JCC included the following paragraph in its Joint Declaration:

1 Minutes of the 18th Meeting of the EU-Turkey JCC held in The Hague, Netherlands on 29/30 November 2004 – Paragraph 9 (EESC paper REX/188)

2 Joint declaration of 19th Meeting of the EU-Turkey JCC held in Istanbul Turkey on 7/8 July 2005 – Paragraph 6(c) – Compliance with ILO Conventions 87 and 98 (EESC paper – REX/194)

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'The JCC regrets that trade union rights and freedom of association are still being infringed in Turkey. It is preoccupied by the number of violations that are reported. The JCC calls for urgent action to be taken in Turkey. In this context, the JCC appreciates the readiness of the Minister of Labour to discuss in the near future this issue under the auspices of the JCC and with the participation of the social partners. In this context, the JCC calls for greater vigilance from the EU with regard to social policies and social rights in Turkey'

2.3 Trade union rights were also reflected in the following extract from the Joint Declaration of the 20th Meeting of the JCC held in Brussels on 28/29 November 20053 which marked the 10th Anniversary of the EU-Turkey Joint Consultative Committee:

'The JCC highly values its regular dialogue with the Minister of Labour and Social Security in Turkey. The JCC has observed that there continue to be significant constraints concerning the right to collective bargaining. The JCC is informed that the Ministry of Labour and Social Security has submitted a new draft law for trade unions, which is welcomed. The JCC hopes that a new draft law on collective bargaining, strikes and lock-out will also be finalised.'

2.4 At its 21st Meeting in Kayseri on 13/14 July 20064, the JCC:

 welcomed the remarks of the EU in the EC- Turkey Association Council (AT-Türkiye Ortaklık Konseyi) on 12 June 2006 calling upon Turkey to make the necessary amendments to the Laws regulating trade union rights namely the Trade Unions Act (2821) and the Collective Agreement, Strike and Lock-out Act (2822), in order to achieve trade union rights in line with EU standards and the relevant International Labour Organisation (ILO) Conventions (mainly ILO Conventions numbers 86, 98 and 152),  called upon the EU to solve this issue as soon as possible with the Turkish side in order to avoid it becoming an obstacle for the opening up of negotiations on the chapter on social policy and employment,  deplored the fact that, despite the urgent request of the ILO to bring legislation and practice into line with ILO Conventions and despite the statement of the European Commission that trade union rights would be one of the priorities on the negotiations agenda for Turkey's accession to the EU,  the draft laws, although submitted to the social partners, had not been adopted by the Turkish Parliament,  noted that neither visits of the JCC's co-chairmen to the Turkish Minister of Labour and Social Security in autumn 2005 and spring 2006 had produced any further results.

3 Joint Declaration of the 20th Meeting of the EU-Turkey JCC held in Brussels on 28/29 November 2005 – Paragraph 9 – Trade union Rights ( EESC paper REX/213)

4 Minutes and Joint Declaration of the EU-Turkey JCC held in Kayseri, Turkey on 13/14 July 2006 (EESC paper REX/219)

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2.5 After detailed examination of internal reports by Mr T. Etty and Mr R. Işık, the 21st Meeting of the JCC decided to set up a working group charged with the responsibility of reporting back to the next meeting.

2.6 This working group met with only half of its members in Istanbul on 25 January 20075. It mandated the co-rapporteurs Mr Etty and Mr R Işık to draft a joint report for presentation to the 22nd meeting of the JCC which was held in Brussels on 1 and 2 March 2007.

2.7 The detailed discussion of the contents of that report by the JCC was reflected in the Joint Declaration of the 22nd Meeting6 which:

 welcomed Turkey's ratification of the revised European Social Charter on 26 September 2006, but regretted the reservations made on the right to organise, on the right to bargain collectively on minimum annual holidays, remuneration and decent living standards,  regretted that no progress had been made on trade union rights in Turkey and that the three basic acts of collective labour law (Trade Unions Act(2821), Collective Agreement, Strike and Lock-out Act(2822) and the Public Servants Trade Unions Act (4688) were still in many points not in conformity with ILO Conventions,  welcomed that the tripartite consultation process with the social partners on the draft Bills of 2851 and 2822 had been initiated and encouraged, but regretted that this had not yet led to any formal legislative initiative by the government,  requested the Turkish Government to no longer, during the remaining period of revision of the Acts, enforce the application of 7 of the 14 points on which the ILO had found Turkey breaking ILO Conventions 87 – Freedom of Association and Protection of the Rights to Organise (1948) and 98 – Right to Organise and Collective Bargaining (1949), namely:

1) The requirement that a government observer must be present on the General Congress of trade unions and confederations. 2) The requirement of at least 10 years employment in the relevant branch of economic activity in order to be eligible for trade union office. 3) The requirement for workers to settle their membership (or put an end to their membership) of a union by means of a public notary. 4) The suspension of trade union officials mandate in the organs of trade unions and confederations during the period of the candidacy in local or general elections. 5) The requirement of public servants to have completed a 'trial period' before they can join a public servants' trade union; strong limitation of categories of public servants who have the right to form trade unions. 6) The provision about the removal from office of trade union leaders who have been

5 Meeting of the Working Group of the EU-Turkey JCC held in Istanbul, Turkey on 25 January 2007 (EESC paper REX/230 Appendix II)

6 Joint Declaration of the 22nd Meeting of the EU-Turkey JCC held in Brussels on 1/2 March 2007 (EESC paper REX/230)

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found to be in breach of provisions on union elections in the Turkish law, which the ILO has considered to be in a violation of Convention 87 on the Right to Organize. 7) The limitation of the scope of collective bargaining to strictly economic conditions, excluding all other working conditions.7

2.8 On 6 November 2007, shortly before the 23rd Meeting of the JCC, the European Commission issued a memo summarising key findings of the progress reports on the candidate countries Croatia, FYRO Macedonia and Turkey8. This memo recognised that further progress was needed on the question of trade union rights in Turkey.

2.9 The 23rd JCC in Adapazarı on 9 and 10 November 2007 in its Joint Declaration9 deplored that no progress had been made concerning trade union rights since the publication of the 2006 report on Turkey's progress towards accession. The JCC also reiterated its call on the Turkish Government to stop enforcing legislation that limits the possibilities for trade unions to develop and act freely.

2.10 As a more positive point the Adapazarı meeting noted with satisfaction the Tripartite Consultative Board convened by the Turkish Minister of Labour and Social Security for a meeting on 27 October 2007 with revision of Acts 2821 and 2822 on the agenda.( This permanent Board was established by the Labour Act of Turkey No.4857 on 10 June 2003). The Joint Declaration considered that this presented the ideal opportunity for the new government in Turkey to make speedy progress on the long standing trade union rights issue, including those of public servants, and to take concrete measures to ensure that full trade union rights are implemented in line with ILO standards.

2.11 The 23rd JCC then commissioned this joint report. It called for a detailed interim report to be submitted to the first meeting of the JCC in 2008, and the final report at the second meeting of 2008.

2.12 At the request of Mr Ahmet Erdem, the Under Secretary of the Ministry of Labour and Social Security responsible for co-ordinating the drafting of the amended legislation, the co-rapporteurs of this report met with him in Brussels on 28 February 2008. Mr A. Erdem kindly gave a detailed brief on the ongoing preparation phase of the two Bills which were expected to amend substantially both existing Acts: Trade Unions Act No.2821 and Collective Agreement, Strike and Lock-out Act No. 2822. These two bills, drafted by the Ministry, had been based both on the previously prepared texts by academicians on behalf of social partners, and on the accumulated knowledge and practical experiences of the labour administration.

2.13 Mr A. Erdem explained the position of the government in the following three points:

7 See also Appendix III of this Report

8 Memo/07/447 – Brussels 6 November 2007

9 Joint Declaration of 23rd Meeting of EU-Turkey JCC held in Adapazarı, Turkey on 9/10 November 2007 (EESC paper REX/244)

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 The Tripartite Consultative Board at its meeting on 27 October decided to form a tripartite technical committee amongst its members under Mr Erdem's co-ordination for preparation of an agreed text on proposed amendments.  The work of the sub-committee was ongoing and it was expected that an agreed text would be submitted to the Ministry of Labour and Social Security by the end of March 2008.  This text would them be proposed to the Parliament by the government for endorsement and enactment within a short timescale.

2.14 An interim report to this effect was noted by the 24th Meeting of the JCC at it meeting in Istanbul on 10/11 April 2008. The Joint Declaration10 noted the process underway in Turkey to reform the Constitution and regarded it as a key opportunity to remove current restrictions on freedom of association, the right to strike and the right to collective bargaining. It urged the Turkish Government to strengthen the social dialogue mechanisms, which are crucial to the success of the accession process, and to implement fully approved ILO Conventions.

2.15 The co-rapporteurs also noted in their interim report that unfortunately there had been no noteworthy action for improvement in relation to the Public Servants Trade Unions Act No 4688.

3. The present position

3.1 The optimism expressed in our interim report to the April 2008 JCC has proved to be premature. Although at that time, primarily based on the information obtained from the Turkish Ministry of Labour and Social Security, there was good reason to believe that reforming government legislation was imminent.

3.2 On 28-30 April 2008 a mission from the ILO, led by Ms. Cleopatra Doumbia-Henry, Director of the Standards Department, came to Turkey. We do not have access to her in-house report, but there is every reason to believe that it also reflected the optimism expressed in the previous paragraph. The Committee on the Application of Conventions and Recommendations of the 97th Session of the International Labour Organisation Conference, held in Geneva in June 2008, decided not to put Turkey on the list of governments they wanted to question about lack of progress. This should not in any way be construed as the ILO being satisfied with the situation in Turkey. A more accurate interpretation would be that, at the time of the visit, there was a genuine belief that matters were in hand internally within Turkey to rectify the unsatisfactory position and that the anticipated legislative change should be permitted to run its course. It would then be the responsibility of the ILO Committee of Experts to conclude if any legislative changes enacted bring Turkey into line with the ILO Conventions. It is understood that the official mission report of the above mentioned ILO delegation was only very recently sent to the Ministry of Labour and Social Security, Ankara and contains a general assessment of the two bills.

10 Joint Declaration of 24th Meeting of EU-Turkey JCC held in Istanbul on 10/11 April 2008

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3.3 The co-rapporteurs held a series of meetings with the social partners in Ankara between 24 and 27 June, 2008. This programme involved a further meeting with Mr A. Erdem and detailed discussions with the presidents of the four major workers confederations; TURK-IS, DISK, HAK-IS and KAMU-SEN and the General Secretary of TISK (the Turkish Employer's Federation). At a later stage, based on the request of the co-rapporteurs, Presidents were kind enough to send brief position notes on the issue. The co-rapporteurs would wish to express their gratitude to the social partners for these notes and for the constructive and open position adopted by them during this series of meetings.

3.4 It was our understanding that the government's consultation process was based on reaching a consensus among the social partners. On 26-27 April 2008, the social partners' presidents met in Bursa. At this meeting a consensus seemed achievable and a broad agreement was reached. However, it was argued that this consensus was not maintained and some major differences appeared on the last text of the bills which were submitted to the Parliament by seven deputies. The situation has not been helped by conflicts between some of the workers confederations. It is clear that one or more trade union confederations and some of their affiliated unions can benefit from some of the legislation which violates ILO Conventions 87 and 98, while others suffer from it.

3.5 Due to these perceived difficulties, the government decided not to present the consensus reached in Bursa as a Ministry Bill. Instead, a Notice of Motion was submitted by a group of deputies with trade union backgrounds to the Parliament. European Union Adaptation Commission as the secondary Commission and to the Turkish Grand National Assembly of Health, Family, Employment and Social Works as the principal Commission reviewed the bills and during the debates certain amendments have been made, and sent to the Assembly for discussions and approvals.

3.6 The Notice of Motion merged the envisaged amendments in laws 2821 and 2822 into one text. However, the final text of the Notice of Motion submitted to the Chairman of the Parliament on 26 May was different from that agreed by the social partners at Bursa. It is clear from detailed written submissions we have received from two of the major trade unions confederations DISK and TURK-IS that this text does not have their support as an enduring resolution to the ongoing trade union rights problem.

3.7 In this Report, it does not make sense to rehearse all the differing views of the interested parties. They are extremely complex and require an in depth study of existing Turkish Trade Union law and practice. We have now received written submissions from all of the social partners we met in Ankara in June 2008. In brief, it is clear that differences exist on a number of controversial issues, which deem it unlikely that an acceptable Bill can be enacted in the foreseeable future. This has not been helped by the government's failure to bring forward the necessary legislation or to act upon the Bursa consensus.

3.8 On 9 July 2008, the Turkish Minister of Labour and Social Security, Mr F. Çelik, made a comprehensive and positive statement to the ILO Conference in Geneva, Switzerland. The official content of this statement is appended at Appendix I of this Report.

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3.9 In its third version of the 2008 Turkish National Programme for Acquis, Schedule of Legislative Alignment under Chapter 19 (Social Policy and Employment) the Turkish Government is going to present a detailed timetable of proposed legislation, which will include anticipated dates of enforcement. These proposals, which are appended at Appendix II, were presented under the banner headline 'Establishment of conditions for an effective social dialogue at all levels, inter alia, by adopting new legislation eliminating restrictive provisions on trade union activities and ensuring full trade union rights.'

3.10 In an attempt to clarify the Turkish Government's current position, co-rapporteur Mr R. Işık met with the under-secretary Mr A. Erdem on 25 September 2008. At this meeting it was stated that there was a serious hope that a satisfactory outcome was still achievable, but no specific timetable for the passage of the Bill into law was forthcoming. Mr Erdem was anxious to point out that some of the speculation that the Bill would fall if the legislative process was not completed by the end of 2008 was incorrect. The position is that the Bill will be kept on the table until to the next General Election in Turkey, which could be as far away as spring 2010. This fact was confirmed in Mr R. Isik's presence by means of a telephone call between Mr Erdem and the Secretary to the Parliament.

3.11 At the time of writing this report, the position is that despite the numerous promises and undertakings given, the Turkish Government has so far failed to make the necessary legislative changes to bring Turkey into line with ILO Conventions 87 and 98. This is particularly disappointing when measured against the background that these were ratified by the Turkish Government as long ago as 1993 and 1952 respectively. The position therefore remains that the 14 points of conflict between the ILO and the Government of Turkey detailed in Mr T. Etty's report of 5 July 2006 to the JCC stands partly unaltered. These points based on the ILO Committee of Experts report of 2005 (pages 116-121)11 which were also partly amended since then. For ease of reference, they are summarised in Appendix III of this report. For the benefit of clarity, 'Related' comments have been annotated, where appropriate, to this Appendix by the co-rapporteurs.

4. Conclusions

4.1 The decision by the Ministry of Labour and Social Security in October 2007 to convene the Tripartite Consultative Board was a welcome initiative for which the new Government deserves some credit.

4.2 We acknowledge that proper consultation with the social partners is an important aspect in the reform process. To operate by consensus is a desirable objective and it was both proper and desirable that the Turkish Government sought to proceed by this method.

4.3 Based on detailed discussions with the social partners, it seems that such a consensus on all disputed points is not achievable in the near future.

11 ILO Conference, 93rd Session, 2005 – Report on the Committee of Experts on the Application of Conventions and Recommendations (Articles 19,22 and 35 of the Constitution) – Chapter on Turkey

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4.4 The government can never use the lack of consensus in these consultations as an argument for not bringing the Turkish legislation into line with ILO Conventions 87 and 98. In our opinion, based on intimate knowledge of the ILO, it would be unprecedented for the ILO to accept a government argument that it cannot bring Turkey in line with the Conventions because a number of social partner organisations would oppose such legislation. This issue could be checked only after the review of the ILO's last mission report.

4.5 As the highest authority of the country, we invite the Turkish Government to take a constructive approach and to endorse existing bills on the agenda of the Assembly by taking into consideration the independent and objective analysis of the ILO committees and EU recommendations.

4.6 A repeated argument used in previous discussions is that although some of the points criticised by the ILO may still be in Turkish Law, they are not being used in practice against trade unions. This is a weak argument. As long as an offending article remains in law it could be used at any time, at present or in the future, if the political climate changes. The key test is the provisions that exist in the law; even if it could be proven that, they have not been used in practice for many years. If the government agrees that it has not used such an article in the law and does not intend to do so, one cannot find any valid grounds for keeping it in the legislation.

4.7 Over the past four years, there have been several attempts and many promises made by the Turkish Government on amending the Acts 2821 and 2822 in the records of ILO's Committee of Application. The JCC in its Joint Declaration of the 23rd Meeting in November 2007 deplored the lack of progress on trade union rights since the publishing of the 2006 report on Turkey's progress towards accession. The lack of tangible progress over the past twelve months, leads us to further deplore this position.

4.8 We also express our concern that there has been no noteworthy action for improvement to the Public Servants Trade Unions Act. Without appropriate legislation, Turkey would still be in breach of certain aspects of the ILO conventions even if the amendments to Acts 2821 and 2822 were enacted in their entirety.

4.9 Taking into consideration the Turkish Minister of Labour and Social Security's statement on 9 July to the 2008 ILO Conference and the Turkish Government's response to the EU in the Schedule of Legislative Alignment in it's 2008 report to the EU on Chapter 19 Social Policy and Employment: the JCC submits that now is the right time for the Turkish Government and Parliament to show and express their political will by supporting the two bills now before Parliament. This would be an important move towards bringing Turkey in line with ILO Conventions and EU Social Policy.

5. Recommendations

5.1 Successive JCC co-chairmen have done their best to communicate a sense of urgency on this issue to the Government of Turkey. Despite marked reservations we have about the usefulness of

.../... - 11 - further such representations, we feel that is it is essential for the JCC, as a conduit for civil society, to keep this issue high on it's agenda and to continue to express it's views.

5.2 With this in mind, we recommend that:

 This report in its entirety is submitted to the appropriate EU and Turkish authorities.

 The Joint Co-Presidents seek an early meeting with the Turkish Minister of Labour and Social Security to present the findings of this report, seek clarification on how the government proposes to proceed and to invite if necessary, the Turkish Minister of Labour and Social Security to attend the first JCC meeting of 2009 due to be held in Turkey.

 The JCC reviews how it takes forward the issue of Trade Union Rights situation in Turkey in light of the outcome of the recommendations outlined above.

Appendices overleaf.

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Appendix I

Mr Chairman,

I would like to congratulate you Mr Chairman, on your election to the presidency of the Conference; I am confident that this conference will bear productive work under your able leadership.

Mr Chairman, Distinguished Participants,

The main issues discussed in the 97th International Labour Conference, have constantly been on the agenda of the working life in my country since last year's Conference.

During the past year, we either initiated or put into practice many legal arrangements having quality of reform in the fields of social security, right to organise and right for collective bargaining, labour market, vocational training and industrial relations.

When performing these tasks, the standards enshrined in the International Labour Organization's Conventions and the documents of the European Union, United Nations and the European Council have been reference points for us.

A very important and comprehensive draft bill to approximate our legislation concerning the right to organise and right for collective bargaining to ILO standards, prepared together with the social partners was submitted for approval of Turkish Parliament last month and endorsed by the specialised Parliamentary commission, has been taken on the agenda of General Assembly of Turkish Parliament. This legal arrangement, which will eliminate the obstacles on the right to organise, will be the starting point of a new and more liberalistic period in Turkey.

Through the objective of employment oriented growth and development of human resources, our government is carrying out intense work. The reform package related to the employment market was emanated in last May. With this new regulation;

- we reduced the administrative and financial burden on the employers, - we reduced the tax wedge on labour costs, and - in particular, we put into practice the incentives to increase the employment of women, young people and the disabled.

Furthermore, by allocating significant resources to vocational training services, we see to it that the education of qualified labour force in the fields needed by the employers is ensured.

In this regard, in cooperation with Turkish Employment Organisation, Ministry of Education, Vocational Qualification Agency, Provincial Employment Boards, Workers' and Employers' confederations and vocational institutes; our Ministry put into practice a series of programmes and

.../... - 13 - projects in order to increase the employability of labour force trained in the fields needed.

The rate of employment among our university graduate women to reach 70% is the indicator of significant contributions of education in particular to female employment. Aware of this fact, we attach particular importance to the education of our children and young girls.

On the one hand, we aim to increase employment. On the other hand, we target to improve working conditions and protect workers via measures taken under the frame of 'decent work' principles. In this regard, protective provisions related to health and safety at work, are also included in the employment package. The social security reform we realised this year is also in line with our objective of decent work.

I am very content to state that the activities of cooperation between Turkey and ILO intensely continue via various projects. On the other hand there are some certain subjects in which we consider that ILO could be more active. The changes in the economies and the demographic trends are increasing the foreign labour force demand in many of the industrialised countries. 'Return migration' is under discussion in the recent years. While significant limitations are visible in the social rights of the existing migrants, very strict rules are introduced against the free movement of labour force. We watch with concern the new approaches in migration policy including provisions with fewer rights available for migrants when compared with the existing policies. We believe that the new migration policies should not stay distant from right based approach. We wish that ILO would assume a more active role in protecting the rights of migrants; as well as would perform work to guide both the countries of origin and destination.

We applied for hosting the '19th World Congress on Health and Safety at Work' in Turkey which is the most significant international initiative related to occupational health and safety, organised every three years by the International Labour Organization and International Social Security Association (ISSA).

We hope to welcome you in Istanbul, in Turkey on the occasion of the World Congress on Health and Safety at Work in 2011.

Mr Chairman,

I am confident that this International Labour Conference, to which we attach great importance as country, will bear fruitful results; I extend my best regards to you all.

Thank you.

.../... - 14 - Appendix II CHAPTER 19 SOCIAL POLICY AND EMPLOYMENT

Priority 19.1 Establishment of conditions for an effective social dialogue at all levels, inter alia, by adopting new legislation eliminating restrictive provisions on trade union activities and ensuring full trade union rights

1 Schedule of legislative alignment

Table 19.1.1

Institution in Date of No EU legislation in force Draft Turkish legislation Scope charge enforcement

ILO Convention No. 87 and Aims at rearranging the Trade Unions Law with a view to Ministry of Labour 1 No. 98, European Social Trade Unions Law increase unionist freedoms. and Social Security 2008, III. Quarter Charter

Law Amending Certain Articles ILO Convention No. 87 and of the Law on Collective Aims at amending or rearranging the Law on Collective Ministry of Labour 2 No. 98, European Social 2008, III. Quarter Labour Agreements, Strikes and Labour Agreements, Strikes and Lock- outs with a view to and Social Security Charter Lock-outs increase unionist freedoms.

Ministry of Labour ILO Convention No. 87 and Law Amending the Law No. and Social Security 3 No. 98, European Social 4688 on Civil Servants' Trade Aims at rearranging the Law with a view to increase 2008, IV .Quarter State Personnel Charter Unions unionist freedoms of public officials. Presidency

ILO Convention No. 87 and The amendments to be made in the Trade Unions Law No. Ministry of Labour No. 98, European Social Regulation on Sectors (1) 2821 and Law No. 2822 on Collective Labour Agreements, 2009 4 and Social Security Charter Strikes and Lock-outs necessitate these arrangements.

(1) It will be enacted after the adoption of Trade Unions Law and of the Law on Collective Labour Agreements; Strikes and Lock-outs.

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Institution in Date of No EU legislation in force Draft Turkish legislation Scope charge enforcement

Regulation on the Supervision of ILO Convention No. 87 and The amendments to be made in the Trade Unions Law No. Workers' and Employers' Trade 5 No. 98, European Social 2821 and Law No. 2822 on Collective Labour Agreements, Ministry of Labour 2009 Unions and Confederation of Charter Strikes and Lock-outs necessitate these arrangements. and Social Security Unions (1)

Implementing Regulation on ILO Convention No. 87 and Procedures, Principles and The amendments to be made in the Trade Unions Law No. Ministry of Labour 6 No. 98, European Social Identification of Competent 2821 and Law No. 2822 on Collective Labour-Agreements, 2009 arid Social Security Charter Unions to Carry Out Collective Strikes and Lock-outs necessitate these arrangements Labour Agreements (1)

ILO Convention No. 87 and Implementing Regulation on The amendments to be made in the Trade Unions Law No. Ministry of Labour 7 No. 98, European Social Application to a Referee or an 2821 and Law No. 2822 on Collective Labour Agreements, 2009 and Social Security Charter Official Arbiter (1) Strikes and Lock-outs necessitate these arrangements

ILO Convention No. 87 and Implementing Regulation on the The amendments to be made in the Trade Unions Law No. Ministry of Labour 8 No. 98, European Social Measures to be Taken in cases of 2821 and Law No. 2822 on Collective Labour Agreements, 2009 and Social Security Charter Strike and Lock-out (1) Strikes and Lock-outs necessitate these arrangements

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Appendix III

Points of Conflict between existing Turkish Legislation and ILO Conventions 87 and 98 (with appropriate annotated notes added by co-rapporteurs)

Trade Union Act

1. Conditions set for eligibility of trade union officers (nationality, and minimum of 10 years of employment) - Related Improvement: minimum 10 years of employment condition was cancelled by law. Act 5672, 01/06/2007 amended Act 2821 art. 14.

2. Suspension of trade union mandates in case of candidacy in local or general elections; termination of mandate if elected - Related Comment: prior to any amendment, constitutional amendment is required.

3. Right of the authorities to appoint and send an observer to the General Congresses of trade unions - Related Improvement: relevant article was cancelled in the Associations' Act and for trade unions there is no such implementation in practice.

4. Right of the Minister of Labour to determine the branch of activity covering a worksite - Related Legislation: there is a government decree for the regulation of branch of activity. Arisen disputes are settled by the Ministry of Labour. Against such settlements parties still have the option to go to the court.

5. Provisions for the internal functioning of trade unions and for activities they may carry out. - Related Comment: it is itself, is not a contradiction to the regulation. At the same time workers confederations prefer detailed legislation regulating the subject in question.

Collective Agreements, Strike and Lockout Act

6. Ban on strikes in several branches of economic activities not recognised by the ILO as 'essential services in the strictest sense'

7. Detailed provisions for the internal functioning of trade unions and for their activities - Related Comment: Workers Confederations and affiliated trade unions prefer detailed legislation regulating the subject in question.

8. Limitations on the right to strike much more stringent than those allowed by the case law of the ILO

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Public Employees Trade Unions Act

9. Exclusion from the right to organise and the right to bargain collectively of a large number of public employees working in sectors not considered to be 'essential services in the strict sense' by the ILO

10. Detailed provisions for the internal functioning of unions and for activities they may carry out - Related Comment: Workers Confederations and affiliated trade unions prefer detailed legislation regulating the subject in question.

11. Provisions to remove executive bodies of trade unions in case of non-respect of requirements which should not be made by the authorities but by the union itself

12. Right to strike

Other Laws (on the media, on association)

13. Prohibition of trade union involvement in TV and radio stations

14. Obligation for unions to notify the authorities in advance if they want to invite foreigners to Turkey or if they want to send representatives abroad. - Related Comment: there is no such regulation in the new Association Act.

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