Flexibilisation and Modernisation of the Turkish Labour Market
Toker
Dereli
Peter
Donders
Frank
Hendrickx
Frans
Pennings
Karin
Sengers
Nurhan
Süral
Peter
van der Valk
Ton
Wilthagen
Table
of Contents
Preface
List of Abbrevations
Chapter
1
Introduction
Nurhan
Süral and Frans Pennings
1. 1
General
1.2
The
Relevance of the Flexibilisation Process
1.3
The
(Historical) Background of the Flexibility Discussion
1.3.1
A
Very Short Overview of the Developments up to the 1990s
1.3.2
The Preparation for Accession
1.4
An Introduction to the Main Instruments and Actors
1.4.1
The Main Statutory Instruments
1.4.2
The Organisation of the Actors on the Labour Market
1.5
The Progress of the Project
Chapter
2 Flexibilisation
and the Formal and Informal Labour Market
Toker
Dereli, Karin Sengers and Peter Donders
2.3.2
Specific Problems with Regard to the Flexibility of the Turkish Labour
Market
2.3.2.2
The Position of Women
2.3.2.3
Sectoral Differences and Subcontracting
2.3.2.4
Flexibilisation Measures
2.4
Conclusions and Recommendations
Chapter
3
Institutions of the Labour Market in Turkey
Peter
Donders, Nurhan Süral and Karin Sengers
3.2
ssk
3.3
İş-Kur
3.6.
Conclusions
Chapter 4
The Turkish Social Dialogue: Structure, Practice and Attitudes
Peter
van der Valk and Nurhan Süral
4.1
Introduction
4.2
The
Turkish Social Partners
4.3
The
Statutory Framework for the Employers’ and Employees’ Organisations
4.3.1
Principles Governing the Foundation of Trade Unions and Employers’
Associations
4.3.2
Historical Background of the Statutory Framework for Employees and
Employers Organisations
4.4
Characteristics of the Labour Relations in Turkey
4.4.1
Emphasis on Conflicts
4.4.2
The Process of Collective Bargaining
4.4.2.2
Parties to Collective Bargaining
4.4.2.3 Issues
of Collective Bargaining
4.5
The Institutional Framework for the Social Dialogue
4.5.1
The Formal Tripartite Structures
4.5.2
Formal Bipartite Structures
4.5.3
Informal (Non-institutionalised) Consultation
4.5.4
The Approaches of the Social Partners to
Flexibility
4.6
The Social Dialogue in Practice: Obstacles, Role of the Government, Style
and Outcomes and Success of
Social Dialogue
4.6.1
Introduction
4.6.2
Obstacles
to the Success of Social Dialogue
4.6.3
The
Role of Government within the System
4.6.4
The Style of Turkish Social Dialogue
4.6.5
Outcomes and Success of Social Dialogue
4.6.6
Social
and Economic Factors Influencing the Social Dialogue
4.7
Turkish Labour Markets, Social Dialogue and the Issue of Flexibility
4.8
Conclusions and Recommendations
4.8.1
Main Conclusions Concerning Structure, Practise and Contents of Turkish
social dialogue
4.8.2
Improvements the Framework for the Turkish Social Dialogue
4.8.3
Specific Suggestions for Improvements
Chapter
5
The Implementation of the Flexible Work Provisions in the Labour Act
Frank
Hendrickx and Karin Sengers
5.1
Introduction
5.2
Overview
of the eu Instruments on A-typical
Work
5.3
Fixed-Term
Employment Contracts
5.3.1
Council
Directive 1999/70/ec
5.3.2
Regulation
of Fixed Term Employment in the Netherlands and Belgium
5.4
A Comparison of the Turkish Provisions on Flexible Contracts with the
Acquis
5.4.1
The Rules Concerning Contracts for a Definite Period
5.4.1.1
Making a Contract for a Definite Period
5.4.1.2 Measures
to Prevent Abuse
5.4.1.3 The
Principle of Non-Discrimination
5.4.1.4 Information,
Employment and Training Opportunities and Consultation
5.4.2
Part-time Work
5.4.2.1
General
5.4.2.2
The Scope of the Rules and the Definition of Part-time Work
5.4.2.3 The
Non-discrimination Clause
5.4.2.4 Information
Procedures
5.4.2.5 Conclusions
5.4.3
On Call Work
5.4.4
Temporary Employment Contracts
5.4.4.1
Characteristics
of Agencies for Temporary Work in eu
Member States
5.4.4.2 The
Turkish Rules
5.5
Health
and Safety for Temporary Workers
5.5.2
A Comparison of Turkish Law with the Health and Safety Directive
5.5.2.1 The
Non-discrimination Provision of Article 2
5.5.2.2 The
Information Clause
5.5.2.3 The
Provision on Training
5.5.2.4 The
Use of Workers Services and Medical Surveillance
5.5.2.5
The Provision on Protection and Prevention Services
5.5.2.6 The
Responsibility for Temporary Employment Relationships
5.5.2.7 Conclusive
Remarks
5.6
The Rules Concerning Working Time
5.6.1
The
Scope of the Directive
5.6.2
Definition
of Working Time
5.6.3
The
Requirements on the Rest Periods
5.6.4
The
Provision on the Maximum Weekly Working Time
5.6.5
Annual
Leave
5.6.6
Night
work
5.5.7
Preliminary Conclusions
on the Implementation of the Directive
5.6.
Conclusions
Chapter
6
The Relationship between Social Security and Flexibility
Frans
Pennings, Nurhan Süral and Karin Sengers
6.1
Introduction
6.2
Relevant
EU Rules and Policies
6.2.1
Equal
Treatment of Men and Women
6.2.2
Employment
Policy and Modernisation of Social Security Systems
6.3
General
Overview of the Turkish Social Security System
6.3.1
Basic
information
6.3.2
The
Draft Laws
6.3.3
New
Measures to Combat Undeclared Work
6.4
Coverage
by the Social Insurances Act
6.4.1
Workers
6.4.2
Extension of the Coverage to Persons with Work Relations other than
Labour Contracts
6.4.3
Dependants
6.4.4
Voluntary
Insurance
6.4.5
Contingencies
Covered
6.4.6
Insurance
Period and Contributory Days
6.4.7
Contributions
6.5
Social
Security Rules Relevant to Flexible Workers
6.5.1
Reference
Periods
6.5.2
On-call
work
6.5.3
Lump-sum
Payments
6.5.4
Part-time
Work
6.5.5
Temporary
Work
6.6
Analysis
Martijn van Velzen and Ton Wilthagen
7.1
Introduction
7.1.1 The
Concept of Flexicurity
7.1.2
The Introduction of Flexibility in Turkey
7.1.3
A Study of Flexicurity in Selected Countries
7.2
Flexibility, Security and the European Employment Debate
7.3
Modalities for Employment Flexibility and Security
7.3.1
Levels of Employment Protection
7.3.1.1
The United
States
7.3.1.2
Denmark
7.4
Temporary Agency Work
7.4.1
The United States
7.4.2
The Netherlands
7.5
Part-time Work
7.5.1
The Netherlands
7.5.2
Spain
7.6
Interlude: European Indicators on Flexibility and Security
7.6.2
EES indicators
7.7
Conclusion and Recommendations
Chapter
8
Conclusions
Nurhan
Süral and Frans Pennings
8.1.
Introduction
8.2
The Context of the Flexibility Debate
8.3
The Main Recommendations
Bibliography
Index
Preface
‘Flexibilisation and Modernisation of the
Turkish Labour Market’ – many readers will be puzzled by this title. Isn’t
the Turkish labour market already very flexible? What is this project about?
This confusion can be easily explained: Turkey has a large informal labour
market which is indeed very flexible. Labour law requirements which might
interfere with the matching of supply and demand are simply evaded. Our project
is concerned with the formal labour market, where – as in many Western
countries – the issue of flexibility has become a key factor in the drive to
increase competitiveness and employment.
Another dimension of the flexibibility
discourse is the implementation of the acquis communautaire. The acquis require Turkey to increase the
adaptability of the workforce; to reorient social security instruments to
promote reintegration into work; and to promote increasing employment. Several
instruments give guidance on allowing flexible forms of work and for providing
security for the affected workers. Consequently, Turkey has two reasons to be
interested in flexibility: to increase national competitiveness and to implement
the acquis communautaire.
The aim of this project is to provide
support to the Turkish Ministry of Labour and Social Security in its efforts to
implement the acquis and to consider whether further steps to
increase the flexibilisation and modernisation of the labour market can
be taken. To fully address this aim, the
informal market has to be taken into account, along with the social protection
of flexible workers, in order to prevent workers becoming worse off as a result
of flexibilisation.
Thus,
the project required a thorough study of the formal and informal labour market,
the role of labour market institutions, social partners and social protection,
before we could provide an adequate analysis and recommendations. Our analyses
and recommendations were presented in several reports which contained so much information, that we thought it
worthwhile to present the contents to a wider audience. The result is this
book.The texts underlying the various chapters were completed at different dates
throughout the two year term of the project. The information underlying the
various chapters was revised only in case of substantial developments which had
an impact on the contents of the chapter concerned, with a final deadline of the
end of October 2005.
This project was initiated within the framework of the Matra
Pre-accession Projects Programme, financed by the Netherlands Ministry of
Foreign Affairs. This programme aims to assist the candidate Member States in
meeting the criteria for eu
membership, through bilateral co-operative projects focusing on the consequences
of the implementation of European legislation. Furthermore, the programme aims
to establish sustainable, working relationships between governmental
institutions in the Netherlands and in the recipient countries. This project was
monitored by the Agency
for International Business and Cooperation (evd),
part of the Dutch Ministry of Economic Affairs.
The fourteen experts participating in this
project worked in three teams; Tilburg University (the Netherlands), bmt
consultants (Utrecht, the Netherlands) and the Dutch Ministry of Social Affairs
and Employment. The team was supplemented by two representatives of Dutch social
partmers, Willem Plessen of Randstad Holding and Han Westerhof, of fnv Bondgenoten, who participated in a workshop in Ankara.Essential support
was given by professor Toker Dereli, of Işık
University,
Istanbul.
The
Turkish Ministry of Labour Law and Social Security was the host for our many
visits and workshops. Mr Cengiz Delibaş, Director General, and his team cooperated fully and were always
prepared to take account of our suggestions and recommendations; we also have to
thank Mr Şahabettin Akşahin, who took care of all organisational
matters and more than that, and Ms Nedret Durutan for her support.
A number of affiliated
institutions, including
İş–Kur,
ssk, sgk, were active in the project and participated in all
discussions.
An
essential role in the discussion on flexible work was played by the Turkish
social partners. We have to thank them also for their comments on our papers.
We
are grateful to Audrey MacDougall
from the University
of Edinburgh
who made an indispensable contribution to this book by editing the text and
through her suggestions for clarifications and additions.
Tilburg/Ankara, December 2005
Frans Pennings
Nurhan Süral