Turkish unions, employers debate draft law

TURKEY: Turkish affiliate Birlesik Metal-Is has informed the IMF of the current debate taking place between trade union and employer organisations concerning a draft law on job security. According to the draft law, employers will not be able to dismiss without valid reason workers who are employed in workplaces with over 10 workers and who have indefinite-term contracts and over six months on the job. The legislation specifies that the following cannot be considered as a just motive for dismissing an employee:

• trade union membership or participation in trade union activities, either outside working hours or, with the consent of the employer, during working time,
• being or seeking office as a workers' representative,
• instigating or participating in legal proceedings against an employer for rights violations,
• race, religion, sex, civil status, family obligations, pregnancy, political opinion, ethnic or social origin,
• temporary absence from work due to injury or illness.

Birlesik Metal says the most important shortcoming of this draft law is that it does not cover workers where there are 10 or fewer employees. This, says the union, not only violates the priniciple of equality as stated in the country's Constitution, but also allows employers the possibility to escape legal restrictions by employing no more than 10 workers in the workplace - often by transferring production to subcontractors, or by employing workers on fixed-term contracts. The percentage of workplaces in Turkey with not more than 10 employees was approximately 25 per cent of total employment as of 2000. Employment in the informal sector represents 30-40 per cent. The major violations of workers' rights are taking place in the informal sector and in small companies in the formal sector. Turkey ratified ILO Convention No. 158 on Termination of Employment in 1995.