etter+ newsletter+ newsletter+ newsletter+ newsletter+ newsletter+ newsle No: 02 Nov. 2009 Labour Relations, Social Rights and Trade Union Movement in Turkey – Current Developments 1. Introduction 2. Trade Union Legislation 3. Arrest of KESK Unionists 4. Law on Private Employment Agencies 5. Law on Social Security and Health Insurance 6. Labour Day Demonstrations 7. International Labour Conference 2009 8. World Decent Work Day 9. Public Employees’ Right to a Collective Agreement 10. WB and IMF Meetings in Istanbul 11. Ongoing labour struggles and legal processes 1. Introduction As a result of the ongoing economic crisis there is growing popular dissatisfaction with regard to social and economic rights in Tur­key. Legal safeguards related to such rights are under increasing attack. Unemployment rose to 16.1 per cent in February, not counting seasonal workers; the figures on youth unem­ployment seem to be even worse. Politicians have declared that the worst part of the crisis is over; however, they cannot deny that the decline in employment may not be reversed as quickly as it came into being. Despite pressure from EU institutions, Turkey is reluctant to pass the Draft Law on Trade Unions, which would recognise many additi­onal workers’ rights and ease the opening of negotiations on Chapter 19 on Social Policy and Employment in the EU accession process. Inconsistencies in recent social security law still need to be harmonised with the existing regulations. Complaints by trade unions about the malfunctioning of the Social Council as an instrument of social dialogue are increasing. At the same time, despite the fact that the ILO Congress criticised Turkish labour law and la­bour conditions, many trade unionists – inclu­ding many women – from the union fedration KESK have been arrested, with the first court hearing due several months after indictments were issued. Strikes and worker protests lasting several months are causing losses to both employ­ers and employees. The trend seems likely to continue as long as decision-making bodies re­main unwilling to come up with a satisfactory consensus-building process. Workers’ peace­ful protests against unjust working conditions are still obstructed by the police in an arbitrary and increasingly violent way. 2. Trade Union Legislation There have been demands for the amendment of the severely criticised Law on Trade Unions, one of the outcomes of the 1980 military coup, for years. A new draft law on trade unions was negotiated in April 2008 by the government and the main trade union confederations and employers’ associations. Since consensus was reached, however, the expectations of the unions with regard to more liberal labour laws have declined drastically. The draft bill was submitted to Parliament, not as a proposal of the government, but by a few individual go­verning-party MPs. Hence, the draft bill is low on the Parliament’s agenda, alongside other ’less important’ legislation. As the reason for postponing the amendment, the government cited the current economic constraints and the fact that there is no consensus among the unions on the draft law, since the trade union federation Türk-İş broke ranks and came up with a new draft, claiming that the earlier one was not in compliance with ILO norms. Many unionists, in contrast, argue that, although not fully in compliance with ILO norms, the first draft would be a crucial step, if passed. The Government have declared that it is going to take further steps on the legislation after 25 November, if the unions can not reach a consensus until then. Referat: Westliche Industrieländer www.fes.de/international