Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

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

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Workers employed via private employment agencies. In its previous comment, the Committee requested the Government to provide concrete examples of unions established or joined by workers employed via private employment agencies. The Government indicates in this respect that private employment agency workers are classified under the Commerce, Bureau, Education and Fine Arts Branch No. 10 and that Birlik Trade Union and the Turkish Trade, Cooperative, Education, Bureau and Fine Arts Workers Union (Tez-Koop-İş), both operate in that Branch. The Committee further notes the observations of the TISK, indicating that workers in temporary employment relationships whose employer is a private employment agency operating in the relevant sector may establish a trade union or freely join an existing trade union and will be covered by the collective labour agreement between their organization and the private employment agency. The Committee notes that pursuant to the information submitted by the Government and the TISK, workers employed via agencies are considered as falling within Branch No. 10 and conclude collective agreements within that branch, regardless of the economic branch in which the user enterprise where they effectively perform work operates. The Committee notes that this may be interpreted as preventing agency workers from joining the unions operating in the economic branch of the user enterprise, which organize employed workers directly employed by these enterprises. Consequently, agency workers could end up isolated at their workplace and deprived of representation vis-à-vis the user enterprise which effectively controls their conditions of work. The Committee notes that such a situation would amount to a restriction of the right of these workers to establish and join organizations, contrary to Article 2 of the Convention. Therefore, the Committee requests the Government to clarify whether workers employed via private employment agencies can join or establish organizations within the economic branch of the user enterprise, and to remove any legislative and practical impediment that may prevent them from doing so. The Committee requests the Government to provide information on any measures taken in this respect.

Domestic workers. In its previous comment, the Committee requested the Government to indicate whether domestic workers employed through private employment agencies could join the existing domestic workers’ unions or establish their own unions. The Government indicates in this respect that domestic workers, including those employed through private employment agencies, are classified under the General Affairs Branch No. 20 and can join existing domestic workers’ unions. The Government adds that as of June 2025, more than 60’000 domestic workers had joined Hizmet İş union. The Committee takes note of this information.

Article 3. Right to strike. In its previous comments, the Committee requested the Government to indicate whether sympathy strikes and strikes calling for the recognition and exercise of fundamental liberties were recognized in the administrative and judicial practice. The Government reiterates in this respect that the right to collective action is guaranteed in accordance with the relevant provisions of Convention No. 87, the European Convention on Human Rights, the Revised European Social Charter, and the International Covenant on Economic, Social and Cultural Rights, and that the decisions of the Court of Cassation concerning the scope of the right to collective action referred to the observations of the ILO supervisory bodies regarding solidarity and sympathy strikes. The Committee takes note of this information and understands this to mean that strikes that call for the recognition and exercise of fundamental liberties are also lawful.

Determination of minimum service. In its previous comments, the Committee requested the Government, in consultation with social partners, to take appropriate steps to review section 65 of Act No. 6356 to ensure that the law expressly guaranteed the right of workers’ organizations to participate in the determination of a required minimum service at the workplace, and that failing agreement the matter may be referred to an independent body that has the confidence of the parties. The Government indicates in this respect that in line with the Committee’s recommendation, the provisions of Article 65 will be placed on the agenda of future meetings of the relevant working group of the Tripartite Consultation Board, which has been convened with the participation of the Confederation of Turkish Trade Unions (TÜRK-İŞ), Confederation of Turkish Real Trade Unions (HAK-İŞ), Confederation of Progressive Trade Unions of Turkey (DİSK), and TİSK. The Committee requests the Government to continue to provide information in this respect.

Public servants. In its previous comments, the Committee requested the Government to specify the groups of public sector workers who had the right to establish and join organizations, but whose right to collective action was restricted by law and to indicate the legal provisions authorizing such restrictions. The Government indicates that pursuant to sections 26 and 27 of Civil Servants Act No. 657, strike is prohibited for civil servants, and section 125 of the same act lists among the grounds for dismissal from civil service participation in strikes. The same disciplinary rules apply to “contracted personnel” as well. The Committee notes that these provisions prohibit strikes for all public servants. The Committee recalls that States may restrict or prohibit the right to strike of public servants “exercising authority in the name of the State”, but many public servants do not exercise authority in the name of the State. For example, the Committee considers that public sector teachers are not included in this category and that they should therefore benefit from the right to strike without being liable to sanctions, even though, under certain circumstances, the maintenance of a minimum service may be envisaged in this sector. This principle should also apply to postal workers and railway employees, as well as to civilian personnel in military institutions when they are not engaged in the provision of essential services in the strict sense of the term. The Committee therefore requests the Government to review sections 26, 27 and 125 of the Civil Servants Act, in consultation with the relevant social partners, with a view to its amendment to ensure that the ban on strike is limited to public servants exercising authority in the name of the State and those working in essential services.