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Turkish Labour Laws and international labour standards International Labour Standards Department Karen Curtis, Deputy Director, International Labour Standards Department
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Pending issues Sources CEACR comments on Cs, 87, 98 and 151 CFA reports Conference Committee discussions on Application of Standards Requests for intervention or informal opinions
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Pending issues on freedom of association Acts Nos. 2821/2822 Important efforts to attain an agreed draft with the Tripartite Consultation Board Scope of application – all workers with exception of police/armed force See also CFA Case 2892 Structure/rules to be determined in trade union by-laws, not by legislation Associations Act No. 5253 – not used
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Protection of right to organize and collective bargaining Protection against anti-union discrimination – statistics CB double threshold High Court of Arbitration – both parties requesting Strike restrictions – draft eliminated some, but broad language of public order Workers and employers organizations involvement in determining minimum service No penal sanctions for peaceful demonstrations
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Pending issues for public servants/employees Constitution extends CB rights to PS Scope of amendment Law 6289 Article 2 – broad sense of PS including state enterprises Article 15 – broad exclusions in relation to Cs 87, 98 and 151 – senior public employees, magistrates, civilian personnel in military institutions, prison guards Respect for by-laws and union procedures for complaints of non-compliance w/o gvt intervention CB? – One month limit; Arbitration board final and binding; broad strike restriction
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Recent developments and next steps Amendments to Public Servants Trade Union and Collective Agreement Law Review by CEACR; implementation – building a culture of CB in the PS Draft amendments to Acts Nos 2821 and 2822 – continued process of inclusive social dialogue Report to CEACR by 1 September
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Technical cooperation Implementation gaps – focus on the exercise of freedom of association rights; tools for implementing the legislation Diagnostic assessment of real and perceived obstacles to FA/CB – grass-roots level Freedom of association and development Tripartite coordination
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International Labour Standards How to contact us: International Labour Office International Labour Standards Department http://www.ilo.org/standards
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