INTERNATIONAL LABOUR OFFICE LABOUR PROBLEMS IN TURKEY Report of a Mission of the Internationa] Labour Office (March-May 1949) GENEVA 1950 S T U D I E S AND REPORTS New Series, No. 25 PUBLISHED B Y THE INTERNATIONAL LABOUR GENEVA, OFFICE SWITZERLAND Published in the United Kingdom for the INTERNATIONAL LABOUR OFFICE by Staples Press Limited, London PRINTED BY "IMPRIMERIE KUNDIG", GENEVA, SWITZERLAND CONTENTS Page INTRODUCTION CHAPTER I. 1 General Observations Labour in the World of Today General Principles and Particular Situations Brief Outline of the History of Labour Legislation in Turkey The Present Position in Turkey CHAPTER I I . Administrative 5 . Problems The Ministry of Labour Systematic Study and Investigation of Labour Problems . . . . CHAPTER III. Conditions of Work and Employment Wages and Wage Policy Hours of Work The Weekly Rest Public Holidays Annual Holidays with Pay Employment of Juvenile Workers Questions of Scope Manual and Non-Manual Workers Application of Labour Legislation to Small Undertakings and Particularly to Handicraft Undertakings Middlemen (Contractors, Subcontractors, etc.) Employees in Public Undertakings Application of Labour Legislation to Workers Employed by Benevolent and Non-Proflt-Making Undertakings . . . . Industrial Home Work Domestic Service Industrial and Agricultural Labour Loading and Unloading of Ships CHAPTER IV. Social Security Introduction Industrial Accidents, Occupational Diseases and Maternity Insurance Industrial Accidents and Occupational Diseases Cash Benefit Benefits in Kind Financial Resources Accident Prevention and Rehabilitation of the Disabled . Maternity 5 8 10 13 20 20 25 30 30 36 40 43 44 49 52 52 54 57 57 58 59 62 64 66 67 67 72 73 75 77 78 80 81 IV CONTENTS Page Pension Insurance Categories of Benefits Conditions for the Receipt of Benefits General Conditions for the Acquisition of the Right to Benefits Special Conditions for the Acquisition of the Right to Different Types of Benefit Amount of Benefits Financing Administration Additional Remarks Sickness Insurance Qualifying Period Cash Benefits Benefits in Kind Financial Resources Medical Examination Regional Medical Services Organisation and Administration Concluding Remarks Disputes Position of Foreign Nationals 88 91 95 98 103 105 106 107 109 Ill 115 116 116 120 120 121 CHAPTER V. The Protection of Workers against Industrial Accidents and Occupational Diseases Importance of the Problem Introduction Economic Losses Caused by Occupational Accidents . . . . The Situation in Turkey The Prevention of Industrial Accidents and Occupational Diseases General Safety Legislation International Standards Turkish Legislation The Enforcement of Safety Legislation General Remarks International Standards The Labour Inspection Services in Turkey Investigation of Accident Causes International Standards The Situation in Turkey Safety Organisation in Industry Practice in Other Countries Suggestions for Turkey Voluntary Safety Organisations 123 123 123 124 126 128 128 129 129 131 144 144 144 146 154 154 155 158 158 159 161 CHAPTER VI. Industrial Relations Introduction Freedom of Association for Occupational Purposes Constitutional Guarantee of Freedom of Association 82 82 85 85 165 . . . . 165 168 169 CONTENTS V Page Legal Regulation of Occupational Organisations Legislation Now in Force Conclusions and Recommendations Protection of the Right to Organise and to Bargain Collectively . The Right to Organise The Workers The Organisations The Right to Bargain Collectively Collective Agreements Prevention and Settlement oí Industrial Disputes Nature of Disputes Procedure for Settlement Individual Disputes Collective Disputes Fields of Collaboration The Labour Courts Bill Observations Competence of Courts Initiation of Cases Guarantees Qualifications of Judges Procedure CHAPTER VII. Employment and Vocational Training Manpower Problems Employment Position Instability of Labour Manpower and Output Occupational Structure of the Labour Force Organisation of the Employment Service Financing Recruitment and Training of Staff Recruitment Training Co-operation between Employers and Workers and the Employment Service Utilisation of the Employment Service Present Position Proposals of the Turkish Government Technical Organisation of the Employment Service Inspection of Employment Offices Employment Statistics Placement Methods Job Classification Vocational Training Economic and Social Factors Affecting Training General Training Policy Need for a General Policy Principles Suggested Organisation of Training Systems Technical Education Apprenticeship 169 169 175 180 180 181 184 185 190 194 194 194 195 195 206 208 209 210 211 212 213 213 215 215 215 216 217 218 219 221 223 223 224 226 228 228 231 235 235 237 239 240 241 242 244 244 244 246 246 249 CONTENTS VI Page Training of Adult Workers Training of Overseers Administrative Organisation CONCLUSION 251 252 253 256 APPENDICES I. Conditions for the Acquisition of Bight to Benefits, and Calculation of Benefits, under the Pension Insurance Scheme II. III. 258 Actuarial Note on Pension Insurance 261 Extracts from the Turkish Industrial Health and Safety Regulations, dated 17 February 1941 (Decree No. 2/15,156) 278 INTRODUCTION In a letter dated 11 September 1948 Mr. Tahsin Balta, the Turkish Minister of Labour, made the following request to the Director-General of the International Labour Office: (Translation) We believe that it would be useful to have a general evaluation of the Turkish Ministry of Labour, which has now been in existence for nearly three years, and for this purpose I would like to draw on the valuable expert assistance of the International Labour Office. The assistance required would be in the form of a study of the results of measures taken so far in various branches of social policy and suggestions, after an investigation of the questions concerned, as to necessary changes, the adoption of more efficient measures and, if necessary, the modification of the present labour legislation and its application. The principal subjects requiring investigation are : the present labour legislation and its application; health and safety measures and facilities provided for workers in Turkish industry, which is in the early stages of development; questions concerning various branches of social insurance and employment services; and measures to increase workers' efficiency, a subject which has an important bearing on the wages and standard of living of our workers. In response to this request, Mr. David A. Morse, DirectorGeneral of the International Labour Office, sent to Turkey a Mission consisting of the following members of the Office staff: Mr. D. H. Blelloch (general questions of conditions of work and administrative organisation); Mr. D. Vaage (questions of industrial safety and health); Mr. A. Zelenka (social security questions); Mr. J. E. Lawyer (questions of labour law and industrial relations); and Mr. P. Cassan (questions of employment service organisation and vocational training). The first four of these officials arrived in Istanbul on 31 March 1949, together with Mr. M. Osmay, Chief of the Agricultural Section of the International Labour Office and himself of Turkish nationality, who assisted the Mission during the first fortnight of its stay and has constantly been consulted in the course of the preparation of the Mission's report. Mr. Cassan joined the Mission in Istanbul on 17 April. 2 LABOUR PROBLEMS IN TURKEY The first four members of the Mission arrived in Ankara on 2 April and remained there until 12 April, when they started on a tour of industrial centres which took them successively to Karabük, Zonguldak, Istanbul, Izmit, Gemlik, Bursa and Izmir. All five members of the Mission returned to Ankara on 5 May and remained there until 17 May, leaving Turkey for Geneva on 20 May. In Ankara the Mission had the opportunity of discussing the problems with which it was concerned not merely with Mr. R. Semsettin Sirer (who had succeeded Mr. Balta as Minister of Labour), with Mr. Fuat Erciyes, Under-Secretary for Labour, and with numerous officials of the Ministry, as well as with officials of the autonomous social insurance and employment service institutions, but also with other Ministers and high officials and with members of the directorates of the Sümer Bank and the Eti Bank. Their visits to other industrial centres gave them opportunities for conversations with the local officials of the Ministry of Labour and with representative employers and trade unionists, as well as for visits to a considerable number of industrial undertakings, large and small, public and private. The industrial undertakings visited included undertakings engaged in the following branches of activity: textiles (wool, cotton, silk and rayon), coal mines, iron and steel works, tobacco (manufacture and leaf manipulation), dried fruits, chemical products, boots and shoes, tanneries, rubber, glass, paper, cement and agricultural machinery. No effort was spared to enable the Mission, within the limits of the time at its disposal, to acquaint itself with the facts of Turkish industrial activity and labour regulation and organisation; and the Mission is deeply indebted to the Minister of Labour and his assistants for the efficient arrangements made towards this end. Moreover, though the Mission's visits and travelling arrangements were organised by the Ministry, its investigations were completely free and unhampered; and in the various centres that it visited the Mission had full opportunities for private conversation and discussion with managers, private employers and workers' representatives, all of whom impressed the members of the Mission as willing and anxious not merely to draw attention to success achieved but also to point out failures and shortcomings in a spirit of free and frank criticism. The Mission feels indebted for the guidance, assistance and hospitality extended to it not only by the Minister of Labour and the Under-Secretary but also by numerous other persons, and hopes that those concerned will accept a general word of sincere 3 INTRODUCTION thanks, and will not feel that the omission of their names from the present report implies any lack of appreciation for the help that they so freely gave. In conducting its investigations and drafting its report, the Mission has borne constantly in mind the terms of Mr. Tahsin Balta's letter, quoted above. It has, however, felt free to interpret his letter as allowing it a certain latitude in the grouping and formulation of its conclusions. Thus, for instance, the present report contains no chapter or section specifically and solely devoted to " measures to increase workers' efficiency ", since the aim of increasing efficiency is implicit in a large proportion of the Mission's recommendations under various headings. The report has been published in Turkish by the Turkish Ministry of Labour.1 1 Milletlerarasi Çalisma Bürosu Misyonu Hiikâmetine sunulan Rapor (Ankara, 1950). tarafindan Tiirkiye Cumhuriyeli CHAPTER I GENERAL OBSERVATIONS LABOUR IN THE WORLD OF TODAY Every country and every territory has its own labour problems, shaped by local circumstances, customs and traditions, and requiring solutions that take full account of those circumstances, customs and traditions. At the same time, all these special and local labour problems are aspects of the general labour problem which faces the world in the 20th century and with which the International Labour Organisation was set up to deal. Accordingly, before proceeding to discuss the specific labour problems of Turkey, it appears desirable briefly to discuss the problem as a whole. The world in general has for some generations past been experiencing what is generally termed the " Industrial Revolution ". Some countries have reached an advanced stage of this process, whilst others are only now beginning to be seriously affected by it; yet the whole political, social and economic life of all countries alike either has already been profoundly affected by it or is bound to be so affected in the years immediately ahead. This revolution has already brought a considerable increase in wealth and well-being to large masses of the world's population. To other large masses it has, for the time being, spelt increased poverty and insecurity. Only very small and remote groups have remained more or less unaffected. Such a profound upheaval could not have left previously existing institutions unmodified. Every age builds up its own set of customs, practices, rules and safeguards, and these must all be transformed or even abolished to allow full play to the methods appropriate to the next succeeding age. To enable the new scientific discoveries which were fundamental to the Industrial Revolution to be fully exploited, it was historically necessary for the rules and practices, the customs and safeguards which had been essential to the economic efficiency of the preceding age to be relaxed or 6 LABOUR PROBLEMS IN TURKEY repealed. Such a move is inevitably, to some extent at least, a leap in the dark; and the dangers of the wholesale abolition of ancient restrictions which took place in the older industrial countries in the early stages of the Industrial Revolution were certainly not apparent to the economists and politicians of that time. The essential aim of this wholesale abandonment of restrictions was to allow free enterprise to exploit to the fullest possible extent, and with the aid of the new techniques, the resources of the whole world. Large sections of the world's population are now enjoying the access to new wealth that resulted from this process of wholesale exploitation; but mankind as a whole is now finding itself faced with the unpalatable fact that a heavy price has to be paid by succeeding generations for the unregulated exploitation of natural resources, which has resulted in deforestation, soil erosion and impoverishment, destruction of wild life, climatic deterioration and the like. For the earlier economists " labour " was but one among the various economic factors—a natural resource to be bought at the lowest possible price and to be exploited with the highest possible degree of intensity. Fortunately it was not long before the disastrous effects of this particular form of exploitation came to be realised. The disease, the criminality, the political and social instability and the general economic waste that it involved were too evident to be ignored. It soon came to be realised that, in the words of a former Turkish Minister of Labour, " Work is the only creator of wealth " 1, and that consequently certain minimum precautions must be taken in order to protect the workers and thus to conserve the labour supply. The present industrial age has witnessed a constantly expanding process of protective labour legislation and regulation, beginning, in the early years of the 19th century, with certain elementary measures for the protection of women and juveniles, and culminating in the comprehensive labour codes, employment service organisation, vocational training institutions and social security schemes of the present day. For the purpose of administering such institutions and enforcing such regulations new organs, of ever-increasing importance and complexity, have been set up: ministries of labour, labour research institutes, social security ministries and institutions, labour man1 Sadi IRMAK: " L a politique sociale et notre problème du travail", in Reçue des sciences politiques (Ankara), 1945, No. 177, p. 512 (quoted in La législation du travail industriel en Turquie, by Cahit TALAS (Geneva, University of Geneva, 1948), p. 212). GENERAL OBSERVATIONS 7 agement institutes, labour welfare institutes, industrial safety associations, workmen's compensation boards, etc., and the International Labour Organisation has been set up for the purpose of co-ordinating the whole movement on the international plane. Such institutional developments were very necessary, and their results have been most beneficial; yet in more recent years it has been increasingly realised that a purely legislative or institutional approach to the problem is unsatisfactory. Work is not a mere economic factor in the production of wealth—it is, as Mr. Irmak pointed out, the creator of wealth. Labour is not a mere commodity or article of commerce—it is the practical contribution of individual human beings to the welfare of the community of which they are a part. Failure to realise this essential fact has led to much avoidable friction and even social and political disturbances, despite the material improvements brought about in the workers' lot by labour legislation and other protective measures. " The behaviour of no one person in an industrial organisation, from the very top to the very bottom, can be regarded as motivated by strictly economic or logical considerations. . . . This point of view is far from the one which is frequently expressed, namely, that man is essentially an economic being carrying around with him a few non-economic appendages. Rather, the point of view which has been expressed here is that non-economic motives, interests, and processes, as well as economic, are fundamental in behaviour in business, from the board of directors to the very last man in the organisation. Man is not merely—in fact is very seldom—motivated by factors pertaining strictly to facts or logic. Sentiments are not merely things which man carries around with him as appendages. He cannot cast them off like a suit of clothes. He carries them with him wherever he goes. In business or elsewhere, he can hardly behave without expressing them. Moreover, sentiments do not exist in a social vacuum. They are the product of social behaviour, of social interaction, of the fact that man lives his life as a member of different groups. Not only does man bring sentiments to the business situation because of his past experiences and conditioning outside of business, but also as a member of a specific local business organisation with a particular social place in it he has certain sentiments expressing his particular relations to it." 1 1 F. J. ROETHLISBERGER and W. J. DICKSON: Management and the Worker (Harvard University Press, Cambridge, Massachusetts, 1939), pp. 557-558. 8 LABOUR PROBLEMS IN TURKEY The workers have expressed their determination not to allow their labour to be treated as a " commodity or article of commerce " by building up powerful trade union organisations for the defence of their interests, whilst managements have been forced to take account of the " human factor " by introducing or accepting new systems of " personnel management " and industrial relations. Though it is always difficult for a contemporary observer rightly to interpret the historical tendencies of his own time, it is surely possible at the present day to discern a distinct trend in the organisation and regulation of conditions of work and employment. This trend is towards the supersession of legislative regulation by the fixing of conditions of work for each branch of economic activity through collective agreements or similar instruments. No doubt it will always be necessary for the legislature to lay down certain guiding principles and to fix certain essential safeguards. Subject, however, to this reservation, the various trades appear steadily to be moving in the direction of self-regulation, so that history is seen to have once again been moving in a cycle, from the old guild system, through unregulated competition followed by legislative interference, towards some new organic or corporate organisation. GENERAL PRINCIPLES AND PARTICULAR SITUATIONS When a country in the early stages of industrialisation and labour regulation seeks advice from the International Labour Office, it is the duty of the officials concerned to place at its disposal their knowledge both of the standards laid down internationally within the framework of the International Labour Organisation and of the experience of countries possessing a longer familiarity with industrialisation and the labour problems that it involves. This is not an easy matter. Conditions vary greatly between one country and another. Modern methods of labour regulation and organisation are the fruit of a centuries-long process of trial and error. It would be absurd and unthinkable to recommend the country seeking advice simply to go through exactly the same process and commit all the same mistakes in order to find the most appropriate solutions. It would be no less absurd to suggest a servile imitation of the methods and institutions evolved by other countries. The officials concerned have to face and try to GENERAL OBSERVATIONS 9 answer a number of perplexing questions: how far does this or that method or institution represent the last word in human wisdom and ingenuity ? What allowance must be made for local circumstances, customs and traditions in adapting the methods that have proved successful in other countries ? In what general direction is the world moving as regards the solution of labour problems ? Are there " short cuts " by which a country in the early stages of industrialisation can attain the results achieved in countries with longer experience without falling into the errors that have retarded or distorted the progress of those countries ? How can one be sure that what looks like an attractive short cut does not lead into a bog or over a precipice ? The members of the Mission are very conscious of the fact that, however easy it might be to draft a report which would amount to advising Turkey simply to copy the methods of other countries or to base all legislative texts on the international labour Conventions and Recommendations, such a report would be valueless. They have to decide what, in their opinion, is the right way for Turkey—a country in a particular geographical situation, with particular political institutions, governed by particular traditions and customs, with a particular population and particular natural resources—to achieve satisfactory conditions of work and productivity in the shortest possible time and with a minimum of friction. They have therefore done their best, within the time at their disposal, to master the essential facts of the Turkish situation; and they have adopted from the outset the view that they should not attempt to pick holes in existing law and practice from a purely theoretical standpoint. The subject of their investigations is not some inert physical factor, but a particular group of men and women. As has already been pointed out: " Man is not merely—in fact is very seldom—motivated by factors pertaining strictly to facts or logic." The ultimate test of any human institution is therefore not whether it appears logical but whether, in the given circumstances, it works satisfactorily. The aim of the present report is not to suggest methods of " gilding the lily ", that is, to make merely formal or logical improvements in laws or practice which, so far as can be seen, are working well; but only to recommend changes where the Mission is convinced by concrete evidence that changes are genuinely required. 10 LABOUR PROBLEMS IN TURKEY BRIEF OUTLINE OF THE HISTORY OF LABOUR LEGISLATION IN TURKEY In thus setting its face against doctrinaire methods and in seeking solutions that will be genuinely appropriate to existing needs, the Mission is, it would seem, merely following the example set by the present régime in Turkey itself. In the middle of the 19th century, the " Medjelle ", which was a kind of Civil Code based on religion, had put a formal end to the old guild system, with its safeguards and restrictions. In their place it had introduced a few very elementary protective measures (particularly with regard to contracts of employment and methods of wage payment). Unfortunately the old guild system disappeared in Turkey at a time when political and economic conditions were most unfavourable for the development of industry on modern lines. The beginnings of Turkey's industrialisation were in fact largely delayed until the 1920's. Consequently, instead of moving straight from handicrafts into industry, as the workers of many other countries had done, the potential industrial workers of Turkey had to pass through several miserable generations during which they inevitably tended to lose their standards of skill and their occupational consciousness. Modern labour organisation and regulation only find soil propitious for development where considerable numbers of workers are grouped together working in large undertakings under more or less identical conditions. In many other countries this condition was first realised in the new textile factories; and it was in such factories that early labour legislation had its first application. In Turkey this condition was first realised in the mines, and it was therefore natural and inevitable that the first measures of labour legislation in the modern sense should be concerned with the protection of miners. As far back as the beginning of the 16th century measures had been taken for the regulation of conditions of work in the mines.1 In 1848 regulations concerning conditions of work in the coal mining basin of Zonguldak and Eregli were issued, though no attempt was made to secure their enforcement until 1865. They were followed by further regula1 A. LE GENISSEL: L'ouvrier d'industrie en Turquie (Les Lettres Orientales, Beyrout, 1948), p. 26. GENERAL OBSERVATIONS 11 tions in 1869, 1887 and 1906. In the absence of adequate machinery for enforcement, these measures appear to have had only a very partial application, if indeed they can be said to have been enforced at all. Meanwhile, a few other industrial undertakings of some importance had come into existence; and certain elementary measures of protection were laid down in the early years of the present century, in regard, for instance, to workers employed in the State arsenals and on railways. The new régime which in the early 1920's supplanted the old Sultanate was determined to carry out a programme of industrialisation, and to take the necessary steps to make industrialisation possible in both the economic and the social fields. In the latter field, as was natural, it devoted its first attention to Turkey's basic industry, mining. The Act of 10 September 1921x respecting the rights of workers employed in the Eregli coal field contained provisions concerning housing, pithead baths, minimum age for employment underground, the establishment of a welfare and relief fund, the provision of free medical treatment for sick or injured workers, hours of work and other conditions of employment, minimum wage fixing and education. Regulations concerning the welfare and relief funds to be established under this Act were issued on 22 July 19231; and regulations concerning medical treatment for miners were issued on 31 December 19352 and on 22 December 1936.3 The weekly rest day for industrial and commercial workers in the larger towns was introduced by the Act of 2 January 1925. The scope of this Act was extended by the Act (No. 2,739) of 25 May 1935 4, which also introduced the notion of a single annual public holiday. The earliest provisions concerning safety and hygiene and the protection of women and juveniles in industrial undertakings generally were embodied in the Act (No. 1,593) respecting public health of 24 April 1930.5 This Act contained provisions for the protection of pregnant women workers, fixed 12 years as the minimum age for employment in industrial undertakings or mines, prohibited the employment of young persons between 12 and 16 years of age for more than eight hours a day or after 8 p.m., 1 See I.L.O.: Legislative Series (hereinafter referred to as L.S.), 1921— Tur. 1. 8 L.S., 1935—Tur. 2. 3 L.S., 1936—Tur. 1. 4 L.S., 1935—Tur. 1. 6 L.S., 1930—Tur. 1. 2 12 LABOUR PROBLEMS IN TURKEY fixed eight hours as the maximum period for daily employment underground or at night, provided for the issue of industrial health and safety regulations and obliged the larger employers to take certain specific steps for the medical treatment of their employees. The above measures may be considered as a prelude to the first comprehensive piece of labour legislation—the Labour Code (Act No. 3,008 of 8 June 1936).* The Code, which applies generally speaking to persons partly or wholly engaged in the performance of manual work in industrial undertakings where at least 10 persons are normally employed, deals with such matters as contracts of employment and their termination, maximum hours of work and rest pauses, night work, the Saturday half-holiday, public holidays, the protection of wages, the employment of women and juveniles, health and safety, labour inspection, employment exchanges, and conciliation and arbitration in respect of industrial disputes. Various regulations have since been issued for the application of particular provisions of this Act (though the operation of various important provisions of this and other Acts has been suspended by the Government under the powers conferred upon it by the National Protection Act of 1940). Since the end of the second world war the following important items of labour legislation have been passed: the Act (No. 4,772) of 27 June 1945 respecting insurance against industrial accidents and occupational diseases and maternity insurance 2 ; the Act (No. 4,792) of 16 July 1945 concerning the creation of a workers' insurance institution; the Act (No. 4,837) of 25 January 1946 to provide for the setting up of the Employment Exchange Department and to prescribe its powers and duties 3 ; the Act (No. 4,841) of 30 January 1946 concerning the organisation and duties of the Ministry of Labour; and the Act (No. 5,018) of 20 February 1947 concerning workers' and employers' unions and federations of unions.4 This sequence of labour laws presents certain features which appear to deserve special emphasis: (a) Turkish labour legislation owed nothing to pressure from an organised labour movement. The Act permitting the formation of trade unions was the last in the whole series. 1 8 8 4 L.S., L.S., L.S., L.S., 1936—Tur. 1945—Tur. 1946—Tur. 1947—Tur. 2. 1. 1. 1. GENERAL OBSERVATIONS 13 (b) The Turkish legislature appears to have been guided throughout by a keen sense of practical necessities. It began by regulating conditions of work in the coal mining industry—the industry of chief importance at the time when the legislation in question was passed, and the development of which was fundamental to that of the other industries whose creation was already contemplated. Leaving out of consideration for the moment the Act of 1925 concerning the weekly rest, it next proceeded to deal with the most pressing problems concerning the employment of the most defenceless members of the industrial community—women and juveniles. It deferred any attempt to regulate conditions of employment in industry generally until the industrialisation programme had become a practical reality; and, in order to keep the problem of enforcement within manageable limits, it excluded from the scope of the Labour Code undertakings normally employing fewer than 10 persons. (c) Since the passing of the Labour Code of 1936, legislative progress has been extremely rapid. A Ministry of Labour has been set up; the first steps have been taken towards the creation of a national employment service and a system of social insurance; a trade union movement has been called into existence; and Bills are already under consideration for amending the 1936 Act (particularly by way of enlarging its scope), for setting up labour courts, for extending the scope of social insurance, and for regulating conditions of employment in agriculture and at sea. THE PRESENT POSITION IN TURKEY For a foreigner to attempt, after a brief visit to a country with which he was not previously familiar and of whose language he is ignorant, to analyse and appreciate the situation in such a country—to understand the difficulties with which the responsible authorities and individuals are faced and rightly to evaluate the degree of their success in overcoming them, let alone to offer them suggestions—is a hazardous undertaking. He is bound to fall into errors of perspective, and to form judgments which, to those better informed than himself, must appear extremely superficial. It is hoped that all readers of the present report will bear in mind that its authors are themselves fully aware of this fact. They record their impressions and offer their suggestions in all modesty, 14 LABOUR PROBLEMS IN TURKEY in the hope that the inevitable shortcomings of their report will not be so great as seriously to invalidate their conclusions. Their general impression may be stated in a very few words. It was of a hardworking, serious and courageous people whose progress in a single generation is one of the salient events of modern world history; of a body of labour legislation which represents a most intelligent and ingenious attempt to cope with problems in the true order of their importance and in the light of local circumstances, with as little reference as possible to purely theoretical or ideological considerations, and which has successfully stood the test of experience; of a Government which has performed miracles of organisation and—as was inevitable in the circumstances—of improvisation; and of a group of officials hampered by lack of previous experience, who have risen to the height of their responsibilities and who are working conscientiously and intelligently to secure the fullest application of the laws and regulations which it is their duty to administer and enforce. The difficulties confronting those who seek to solve Turkey's labour problems are very considerable. Turkey is a poor country, and the funds available for the costs of labour administration are extremely limited. Modern Turkey has inherited a heavy burden of illiteracy and ill health. Industrialisation is still in its infancy, and the country is still predominantly agricultural. As has been pointed out above, the time lag between the disappearance of the old guild system and the beginnings of industrialisation on a large scale has in certain sectors impeded the adaptation of Turkey's artisans, with their traditional skills, to the methods of factory production. Many—probably most—of those now working in the factories and mines have had to be recruited from the villages; and conditions in the villages are still on the whole so primitive that the countryman cannot easily be transformed into a factory worker possessmg the outlook, the ambitions, the skill, the persistence and the occupational conscience that should characterise industrial workers in a technological society. The development and modernisation of Turkish agriculture and the raising of standards of living in the villages are essential, not merely for the attainment of a balanced economy but also for the creation and maintenance of an adequate, stable and efficient labour force in the industrial centres. In most, if not all, of the more highly industrialised countries an essential factor, not merely in the creation of fair and humane GENERAL OBSERVATIONS 15 conditions of employment but also in the attainment of technical progress and of a healthy political life, has been the existence of a strong trade union movement. Without constant pressure from the organised workers in defence of their economic interests, it is difficult to see how rates of remuneration can be constantly readjusted to keep pace with technical progress and productivity, so that something approximating to a permanent balance between production and the possibility of absorption by the home market can be achieved. Such pressure has also proved to be of great importance as a stimulus to the employers to achieve and maintain a high degree of efficiency and economy in their undertakings. Moreover, the participation of a well organised trade union movement in the life of a modern community is not by any means limited to the somewhat negative function of defending the workers' immediate economic interests and securing for them a constantly rising standard of living. Through their occupational organisations, the workers—who, after all, represent the vast majority of the citizens of any society—are in fact everywhere coming to assume more and more positive responsibilities in the economic, political and administrative life of their respective countries, and are thus enriching that life with hitherto unsuspected reserves of experience and ability; and, largely in response to the stimulus of labour union activity, employers' organisations have also come into being and are making their own contribution to the organisation of national life. The progress achieved by Turkey during the past few decades has been accomplished without any effective contribution from such occupational bodies. In the long run this can hardly be considered a healthy situation—a fact of which the authorities responsible for labour administration in Turkey appear to be fully aware. There would appear to be too great a tendency in all quarters to rely upon State intervention, and too little willingness to cultivate self-help and selfreliance. Despite the absence of a positive contribution from occupational organisations of employers and workers, it must be recognised that the Turkish State has accomplished remarkable progress towards the solution of Turkey's labour problems. In addition to the body of labour legislation and labour regulations already described above, the important industrial undertakings created or taken over by the State have shown a keen awareness of the importance of labour problems and have made many valuable contributions to their solution. " Enforcement of the provisions 16 LABOUR PROBLEMS IN TURKEY of the labour laws has brought about in the factories a high standard of welfare arrangements, represented by the comprehensive health and safety measures, restriction of hours of work and limitation of overtime, hospital facilities, medical examinations of juveniles before they enter employment, free mid-day meals, etc. Tribute should be paid to the interest shown by factory managers in these problems, partly no doubt as the result of the need to persuade the migratory element to settle down to permanent employment." 1 These words are particularly true of the social welfare institutions in the undertakings managed for the State by the Sümer Bank and the Eti Bank, though tribute must also be paid to the efforts of many of the larger private employers in the same direction. Turkey's present poverty is inevitably reflected in low rates of remuneration, which for most workers represent a standard of living which at best is little if at all above a bare subsistence level and in many cases is definitely below it. Moreover, an inflationary situation has existed for some years past and still persists. Wage rates have lagged behind the increase in the cost of living, though the custom of granting various allowances in kind in addition to cash wages has to some extent mitigated the consequent decline in levels of real remuneration. In addition, housing conditions are universally recognised to be deplorable; and experience in other countries has shown how essential the provision of decent and healthy housing accommodation for the workers is for the attainment of labour stability and efficiency. Unfortunately a long period must still elapse before sufficient funds can be made available for a serious and general improvement in this situation. The nature of a country's political and administrative institutions and practices, and the state of its public opinion, must obviously play a very important part in shaping its labour policy and the putting of that policy into effect. The Mission consequently feels that it is its duty to record certain impressions under these two headings, though it is fully aware of the delicacy of the issues involved and offers its comments with the greatest diffidence. The Mission felt that the authority of the Minister of Labour, and his freedom to take rapid and appropriate action for the solution of labour problems, were considerably less than they are in many other countries with which its members are familiar. 1 E. R. LINGEMAN, Counsellor (Commercial) to H.M. Embassy at Ankara: Economic and Commercial Conditions in Turkey (London, H.M. Stationery Office, 1948), p. 150. GENERAL OBSERVATIONS 17 It was surprised that the Turkish legislature should have considered it necessary, in passing an Act to create a Ministry of Labour, as in the case of other Ministries, not merely to define the competence and tasks of the new Ministry but even to fix the details of its internal organisation. Whatever scheme of administrative organisation is adopted for a new Ministry—at any rate, one such as the Ministry of Labour—at the outset can only be regarded as provisional, and experience must inevitably show the advisability of administrative readaptation. The terms of the Act of 30 January 1946 concerning the organisation and duties of the Ministry of Labour do not leave the Minister free to make such changes as experience may from time to time show to be necessary. Further, whilst it is clearly essential to respect the right of the legislature to have the final say on political and financial issues, the Turkish legislature appears to be less inclined to accept the advice of the Minister of Labour on purely technical issues than is the case in many other countries. Moreover, administrative procedures appear to be more complicated than is necessary or normal, at any rate in matters concerned with labour administration. If the enforcement of labour laws and regulations is to be fully effective, it appears essential to avoid "red tape" and to make administrative procedures so simple as to secure the active and intelligent co-operation of workers and employers alike. Public opinion in respect of labour questions is in a curious and no doubt transitional state. On the one hand, the sentiment of national unity which was generated by the independence movement and which played so large a part in assuring that movement's success is still a very real factor in Turkish public life. Class distinctions do not appear to be at all sharply defined. Many employers and managers seem to be animated by genuinely friendly and fraternal feelings towards their workers; and the Mission was struck by the sense of social and civic responsibility and the absence of sectional spirit among the workers' representatives with whom it came into contact. This widespread feeling of mutual solidarity is undoubtedly responsible for much of the success already achieved in the establishment of satisfactory working conditions in industrial undertakings. On the other hand, there appears to exist in many circles a feeling of distrust towards " labour "—a feeling based rathîr on a knowledge (not always entirely accurate) of developments in other countries than on actual experience in Turkey. (Members of the Mission were struck by the fact that news agencies upon which the Turkish 18 LABOUR PROBLEMS IN TURKEY press relies for information tend to stress the more sensational events in the labour field in other countries, such as strikes, and to pass over in silence positive developments towards the solution of labour problems.) Manual work does not appear to have acquired the status and dignity that it has in most if not all of the more highly industrialised countries, and a line of demarcation, which appeared to the Mission to be both artificial and unfortunate, tends to be drawn between work that involves soiling the hands and work that can be performed while wearing a clean white collar. Lastly, public opinion is still rather ill informed as to the nature and importance of labour problems. Much interesting experience is being gained in individual undertakings, but the general public hears little about that experience, and still less about experience in the same field in other countries. The Ministry of Labour does its best, through its publications, to educate public opinion in this respect, and useful work appears also to be done in universities; but such efforts need to be backed by the activities of special organisations, public or private, for the investigation of labour problems and the diffusion of knowledge concerning them. As a result, maximum hours of work appear to have been prolonged from eight to 11 in the day without any attempt to ascertain whether an 11-hour working day is really more efficient and productive in particular industries and for particular groups of workers than an eight-hour day. There is little or no knowledge of the interesting results of foreign investigations into the organisation of work and the conduct of industrial relations. The practical usefulness of labour legislation, the economic importance of safe and healthy conditions of employment, the value, material as well as moral, of the work of labour ministries in general and of the Turkish Labour Ministry in particular, are not properly appreciated. Labour legislation and labour administration tend to be regarded as expensive luxuries, despite the contrary experience of all the more highly industrialised countries; and the positive contribution that occupational organisations can make to the progress and welfare of the whole community is widely misunderstood or altogether ignored. In a country like Turkey, which is carrying out a programme of industrialisation, it is particularly necessary that all appropriate methods of cheapening production and increasing and improving output should be actively studied; and that there should be an awareness, not merely in the circles directly responsible for economic and industrial policy and its application, but as far as possible GENERAL OBSERVATIONS 19 among the public at large, of the factors that can be expected to conduce to these ends. Suitable measures for the training and the treatment of labour are among the most important of these factors. Turkish public opinion needs to know a great deal more than it does at present about the cost to the national economic system of such adverse factors as a high rate of industrial accidents and sickness, industrial fatigue, bad housing and living conditions, undernourishment, bad lighting and ventilation, and discordant industrial relations. It needs to realise the complexity of these problems. It needs, for instance, to realise that increased productivity can prove most beneficial, and not result in provoking unemployment, if at the same time appropriate measures are taken to expand the consumers' market at home and to improve and develop industrial equipment generally. However, the remarkable progress already achieved in so short a time, and the fundamental balance and sanity of Turkish public opinion, provide a guarantee that labour problems will be increasingly viewed in their true perspective and that the progress achieved in other countries will continue to be achieved in Turkey, by Turkish methods and with Turkish resolution and rapidity. CHAPTER II ADMINISTRATIVE PROBLEMS THE MINISTRY OF LABOUR Members of the Mission were favourably impressed with the conscientiousness of the members of the staff of the Ministry of Labour, both central and local, with whom they came into contact, as well as with their interest in the duties that they are called upon to perform and the devoted way in which they carry out those duties. The Ministry was only recently created, and every year that passes adds to the experience and competence of its officials. The rate of turnover within the Ministry appears, however, to have been regrettably high. A staff called upon to deal with problems of such importance and such technical complexity should be as stable as possible. So far as they were able to form an opinion, the members of the Mission did not feel convinced that the importance of the Ministry's responsibilities was sufficiently appreciated either in political circles or by the public in general. There appeared to be considerable ignorance as to the proper functions of a Ministry of Labour, and a certain lack of appreciation of the necessity of such a Ministry. In order to illustrate the nature of the part that a Ministry of Labour is called upon to perform in a modern industrial community, it may be useful to record the opinions of an important committee set up by the British Government in 1917 " to enquire into the responsibilities of the various departments of the central executive Government, and to advise in what manner the exercise and distribution by the Government of its functions should be improved ". It is not suggested, of course, that the Turkish Government should seek to copy exactly the methods adopted by the British or any other Government for dealing with its own labour problems; but the discussion of the functions of a Labour Ministry contained in this committee's report appear particularly ADMINISTRATIVE PROBLEMS 21 suggestive, and the committee's conclusions have more than a local validity. The committee stated: The constitution of the Ministry of Labour is in harmony with the principle of concentration of the functions of government according to the nature of the service rendered to the community. The service rendered by such a Ministry would, in its fullest extension, comprise (a) thinking about the conditions of employment; (b) directly administering certain agencies connected therewith; and (c) supervising these conditions. Its sphere is not necessarily confined to employment in private enterprise, or to manual work, but has already been tentatively extended to employment under local authorities and Government departments, and to brain workers as well as to manual workers. The Ministry is concerned, in fact, with the conditions of employment of all persons in so far as cognisance may be taken of them by Parliament; just as the function of the Ministry concerned with production applies to all productive enterprise, by whomsoever conducted. The functions which appeared to the committee properly to fall within the sphere of the Ministry of Labour were— (i) the ascertainment and regulation of the conditions of employment, especially as regards wages, conciliation and arbitration, hours of labour, sanitation and safety, and special provisions relating to young persons and women; (ii) the co-operation of the State with employers' associations and trade unions in their functions connected with the conditions of employment; (iii) the administration of unemployment insurance and employment exchanges; (iv) the administration of Acts providing for the setting up of minimum wage boards for various branches of employment and the supervision of the various boards set up under these Acts; (v) the administration of any provision made by the State, either directly or through local authorities, for the unemployed; (vi) the placing of ex-servicemen in employment; (vii) advising the appropriate authorities as to the prevention of unemployment by the postponement or forestalling of works and contracts. The report of the committee continued: It is clear that the efficient discharge of some of the functions enumerated in the preceding paragraph will depend upon the maintenance of close and cordial relations by the Ministry with other departments. . . . The Ministry [of Labour] should become the central repository of information about the rates of wages and scales of salaries in all the various employments throughout the United Kingdom. It should record the variations in the cost of living from place to place and from year to year. Through its employment exchanges and its 22 LABOUR PROBLEMS IN TURKEY juvenile advisory committees it should be perpetually diagnosing the relative attractiveness of the various occupations, the waxing and waning of demand in particular trades and particular localities and the opportunities, old and new, for professional employment. It is desirable that this information should be always available to other Government departments, in connection with the terms of engagement of the staffs which they employ or direct. With this object, it may be expedient for the Government departments responsible for services in which large numbers of persons are engaged to make a practice of consulting the Ministry in all matters relating to the remuneration or conditions of service of particular sections of employees. . . . Similar considerations will make it desirable that the Board of Education should maintain the existing practice of acting in concert with the Ministry [of Labour] with regard to the starting in employment of young persons leaving school, and in connection with the work of the juvenile advisory committees; together with the curriculum and the arrangements of the continuation schools and technical education generally. The knowledge gained by the Ministry [of Labour] should also be available for the guidance of the Ministry concerned with production in connection with the effect upon employment of schemes of scientific management, welfare work, etc. . . . The Ministry would have special relations (perhaps involving advisory committees, either for separate industries or for industry as a whole) with employers' associations and trade unions. . . . It is a mistake to suppose that the Ministry need be concerned—or that the present Ministry of Labour is concerned—exclusively with manual workers. The employment exchanges are open to, and cater extensively for, clerical workers, and, indeed, all kinds of employment for hire. The Ministry is also now actively engaged in finding professional situations for discharged Army officers. In the prevention of disputes, and of unemployment, the Minister of Labour is responsible equally for all grades and kinds of persons employed. His statistics as to wages and salary scales, and his duties in connection with the maintenance of any prescribed national minimum standard of life, apply over the whole field. . . . The desire has been expressed for some greater co-ordination and simplification of the various kinds of visitation and inspection, at the instance of such separate departments as the Home Office, the Board of Education, the Board of Trade, the Ministry of Labour, etc., to which employers of labour are now subjected. In a Ministry [of Labour] constituted on the lines suggested above there would no doubt be a distinct inspection branch, in which would be combined some or all of the present staffs of inspectors dealing directly with employers in their places of business. Such an inspection branch, while its officers would be the servants of the Ministry [of Labour], would be in a position to undertake general inspections for purposes required by other departments, at their request and subject to the consent of the Ministry [of Labour] as the department with which the appointment and discipline of the inspectorate would rest. These inspections would in some cases furnish the other departments concerned with the information which they required. In some cases, however, the general inspection would need to be supplemented by enquiries conducted, not by the officers of the Ministry [of Labour], but by the inspectors of the other departments concerned, who would be possessed of special qualifications for dealing with the questions relating to health, education or other distinct services which were involved. ADMINISTRATIVE PROBLEMS 23 It would thus be possible for the inspection branch of the Ministry [of Labour] to be responsible in the first instance for conducting enquiries into the conditions of employment in the widest sense; and, while reference to the specialised inspectors of other departments would be made where the facts of the case required it, the concentration of as much of the work of inspection in industrial establishments as possible in the hands of a single staff might effect a very considerable reduction in the number of visits paid to a given establishment by the officers of different central authorities.1 The above quotations bring out various consequences of the fact that a Ministry of Labour is a Ministry which, par excellence, is dealing with the " human factor " in economic activity. These consequences should be constantly borne in mind. Such a Ministry should be dynamic rather than static. It should be in constant touch with the public in general and, through their organisations, with the employers and workers. One of its most important functions is to educate public opinion in regard to the importance —from the point of view of the efficiency and prosperity of a country's economy, as well as from that of broader social and humanitarian considerations—of seeking and finding appropriate solutions for labour problems. It must, for instance, be unremitting in its efforts to bring home to employers and workers alike the enormous waste involved in high rates of industrial accidents and sickness, and also to convince them of the utility of an efficiently organised system of public employment exchanges. A Ministry of Labour can never be a self-contained unit. The field of its responsibilities touches upon that of almost every other Government department (Health, Education, Economy, Agriculture, Finance, Justice, Public Works, etc.). The other Ministries must recognise the importance of the contribution that a Ministry of Labour can make to the solution of their problems, as also the extent to which the latter Ministry must depend on their co-operation in appropriate fields. A constant effort must be made to co-ordinate the activities of other Ministries with those of the Ministry of Labour in matters affecting labour as such. Plans for vocational training must, for instance, be worked out in agreement by the Ministries of Labour and Education. The efficient regulation of conditions of employment in small undertakings, as well as the operation of any system of health insurance, will depend on constant co-operation between the Ministries of Labour and Public Health. An efficient and properly balanced labour 1 MINISTRY OF RECONSTRUCTION; Report of the Machinery of Government Committee (London, H.M. Stationery Office, 1918) (Cd. 9,230). 24 LABOUR PROBLEMS IN TURKEY supply can only be secured through co-operation between the Ministries of Labour, Economy and Agriculture. Perhaps the most important of all the administrative duties of the Ministry of Labour is labour inspection. This problem is analysed, and suggestions are put forward, in the section of the present report that deals with the enforcement of safety legislation. 1 Many of the observations embodied in that section apply not merely to inspection from the standpoint of industrial health and safety but also to the enforcement of labour legislation in general. Principles of universal validity in regard to the organisation of labour inspection have been laid down by the International Labour Conference in the Labour Inspection Recommendation, 1923, the Labour Inspection Convention, 1947, the Labour Inspection Recommendation, 1947, and the Labour Inspection (Mining and Transport) Recommendation, 1947.2 It is suggested that the Turkish Government should study these texts closely with a view to bringing the organisation of labour inspection in Turkey as far as possible into harmony with their provisions. Particular stress in this connection must be laid on the function of labour inspectors as the eyes and ears of the Ministry. The information that they alone are in a position to obtain is essential to the efficient conduct of all the Ministry's activities. Much of it is also of great importance for the education of public opinion. It is therefore particularly important that the information contained in inspectors' reports should be properly studied and collated, and also that annual reports on the work of the inspection services should be widely publicised. The Mission realises that a fully efficient Ministry of Labour cannot be improvised in a year or two, particularly in Turkey's present economic and financial circumstances. Nevertheless it feels justified in pointing out that, in determining the allocation of public funds, the according of high priority to the Ministry of Labour and its local services would be in harmony with the country's best material interests, particularly in view of the importance of the part played by the State in the country's economic activities. A Ministry of Labour which is treated by other departments as a kind of poor relation can never hope to become strong and efficient; and without a strong and efficient Ministry of Labour the efforts of all other Government departments will be hampered. 1 See p. 144. See Conventions and Recommendations, 1919-1949 (I.L.O., Geneva, 1949), pp. 72-79; 704-714; 714-717; and 717-718. 2 ADMINISTRATIVE PROBLEMS 25 SYSTEMATIC STUDY AND INVESTIGATION OF LABOUR PROBLEMS It is always extremely difficult to secure the discussion of labour problems in an atmosphere of impartial objectivity. The whole world is passing through a process of rapid social, economic and political change; and the question of the position of the worker in the community and his rights and duties is a central factor in the whole of this process. Those who favour and welcome the process tend to be deeply moved by all that is admittedly unsatisfactory in the existing living and working conditions of large masses of the workers, whilst those who view it with alarm and apprehension tend to be no less deeply moved by the risks to public order and discipline which they perceive in rapid social change. It is no doubt right and healthy that this should be so. There is something inhuman in a person who can contemplate events of such overwhelming magnitude without feeling deeply stirred; and the clash of conflicting ideas and interests is undoubtedly a potent factor in promoting progress. Yet in the past generation or so it has become increasingly evident that there is a technical and objective side to labour problems which deserves constant and conscientious study and which cannot be neglected if genuinely sound and progressive solutions are to be sought. The International Labour Organisation itself owed much to those pioneers —civil servants, sociologists, professional men and women—• who, during the first decade of the present century, founded and carried on the International Association for Labour Legislation, on the basis of whose achievements the Organisation itself was set up in 1919. Objective scientific research into labour problems is now being carried out by all sorts of institutions, both public and private, in the various industrial countries. In some countries, and particularly those of eastern Europe, such research is carried out by a single official body. Thus, in Poland a " Central Institute of Labour " has recently been created. The Institute is under the supervision of a " Scientific Council ", composed of 18 persons appointed by the Ministry of Industry from industry, science, labour, institutions interested in labour problems and specialists. The Institute comprises departments concerned with (1) organisation of industry; (2) organisation of commerce; (3) economic and social questions; (4) filing; (5) foreign relations; and (6) finance 26 LABOUR PROBLEMS IN TURKEY and accounting. The department of economic and social questions, in particular, collects and files documents dealing with the economic and social aspects of labour, reports of expert investigators, etc. The various sections of the department deal with the following problems: industrial safety and health (study of protective equipment, of potentially dangerous methods of work and materials, and of the organisation of industrial safety and health); labour competition; employment and wages (collection of information, establishment of tariffs, analysis of reasons for labour turnover); analysis of jobs and of manpower needs of the labour market; vocational training and guidance; organisation of social services (industrial welfare services, holidays with pay, workers' rest homes, canteens, day nurseries, etc.). The Institute was only very recently founded and is still in process of organisation. Clearly it will not be easy to recruit the highly competent and experienced persons who will be required in order to carry out successfully such an ambitious programme of activities. Nevertheless, the plan is an interesting one, and its execution will undoubtedly be watched with interest in other countries. In the United Kingdom private initiative has, as might be expected, played a very large part in the creation of institutions for the systematic study of labour problems, and the picture is one of variety rather than of centralisation. The Industrial Health Research Board is an official body, originally founded over 30 years ago as the Industrial Fatigue Research Board. Its investigations into such problems as industrial fatigue and the relations between hours of work and output in various branches of industry, and the reports that it has published on these questions, have aroused great interest and have made a noteworthy contribution towards the scientific study of working conditions, not merely in the United Kingdom but in other industrial countries as well. The very recent creation of the British Institute of Management is also due to Government initiative, but the Institute itself is intended to function autonomously. It is described as " an independent, non-political, non-profit-making organisation having as its central object the improvement of the standards of management practice " in the United Kingdom. It is governed by a Council composed in the main of practising managers and including representatives of the Federation of British Industries, the Trades Union Congress and the Civil Service. Its functions include the compilation of knowledge concerning the principles and practices Entrance to a mine, Zonguldak A Interior of a works, Ankara Metal workers, Ankara ADMINISTRATIVE PROBLEMS 27 of management ; the propagation of such knowledge ; the provision of information services to individual undertakings; research into the fundamental principles of organisation and human relationships as affecting the problems of management ; co-operation with the Ministry of Education, educational institutions, specialist management organisations and other interested bodies in the co-ordination, improvement and extension of existing facilities for management training; working towards establishing the professional status of management by evolving standards of qualifications for managers and a code of professional conduct, and participation in international management activities. In order to facilitate the foundation and initial activities of the Institute the Government has undertaken to make an initial grant, spread over five years, but it is intended that the Institute shall be financially self-supporting by means of contributions, more particularly from firms, public corporations, associated institutes and associations and individual members. In addition to these two bodies there also exist in the United Kingdom a number of private bodies, formed by individual specialists or industrial undertakings or both, working in various specialised fields and currently publishing a considerable mass of periodical and non-periodical material. These bodies include the Institute of Industrial Administration, the Institute of Personnel Management, the National Institute of Industrial Psychology and the Industrial Welfare Society. In the United States research activities on labour problems are naturally shaped by the traditions and the constitutional practices of the country. Labour legislation and administration lie within the specific competence of the various States of the Union, and the Federal Labor Department has relatively limited powers of direct intervention. It has, nevertheless, a very important part to play in the way of setting standards of sound labour practice. Consequently it is natural that the Department should carry on its own research and educational activities on a much larger scale than is normal in non-federal countries, and a great deal of the research which in recent years has influenced law and practice on labour problems throughout the country has in fact been conducted by the Labor Department in Washington, with the assistance of its local officials. On the other hand, the numerous institutions of higher education throughout the country are characterised, generally speaking, by their practical approach to current problems, and this tendency has been encouraged by 3 28 LABOUR PROBLEMS IN TURKEY munificent gifts from private individuals and foundations for the furtherance of research into problems of industrial and business practice. A great deal of very interesting research is consequently carried on by various university faculties and institutes, in cooperation with individual firms. (The Harvard Graduate School of Business Administration, with the financial backing of the Rockefeller Foundation, deserves special mention in this connection.) Lastly, an interesting development in the Netherlands deserves mention. In that country the leading organisations of employers and workers have joined together since the end of the war in setting up the " Foundation of Labour ". The aim of this Foundation is " to ensure good permanent social relations in Netherlands industrial life on a basis of joint co-operation between employers and workers ", and it is officially recognised as an advisory body by the Government in respect of industrial labour problems. It works under the supervision of a joint council which meets weekly, and its permanent staff consists of some 60 employees, who are engaged in research work of a general character in the social and economic field. In Turkey, useful beginnings already appear to have been made in the same direction. Various university programmes include courses in subjects relevant to labour legislation and administration. The Sümer Bank and the Eti Bank devote considerable attention to problems of labour and social welfare in the undertakings for whose management they are responsible, and arrangements appear to exist for periodical discussion of such problems and a sharing of experience between the managements of the various undertakings. Further, an advisory body entitled the " Labour Council " has been set up. It includes representatives of Government departments, employers and workers, and it meets when convened by the Minister of Labour for the purpose of advising him on such problems as he may submit to it. Meeting in 1947, it formulated recommendations on a wide variety of subjects. Lastly, the Ministry of Labour issues a monthly publication and its staff includes a service called the " Research Board ". However, the current study of labour problems in a spirit of objective technical enquiry is still far from being organised systematically. Instruction given in the universities appears to be mainly of a theoretical character, and field work appears still to be in an embryonic stage. The interesting experience acquired by the managements of the Sümer Bank and Eti Bank undertakings does not reach the general public or even the managements of ADMINISTRATIVE PROBLEMS 29 private firms. The material published in the Ministry of Labour review, however interesting it may be for students, is somewhat academic in character. The Research Board of the Ministry of Labour is understaffed and can probably attempt little more than the analysis and translation of material from the publications of such bodies as the International Labour Organisation. The Labour Council is not a permanent body and possesses no regular secretariat. Stress has been laid in various passages of the present report on the urgent necessity for a systematic and co-ordinated study of labour problems and their most appropriate solutions in the light both of the experience of other countries and of experience and local circumstances in Turkey. Until appropriate arrangements can be made for organising such studies, Turkish labour legislation must inevitably remain something of an improvisation, and many of its detailed provisions will be based on theoretical rather than on practical considerations, whilst those responsible for dealing with labour problems in the Ministry of Labour and in the industrial undertakings will continue to be hampered by their own lack of experience and their lack of knowledge, based on scientific research, both of Turkish labour problems and of the results of other countries' experience. It is accordingly suggested that the Government should give early consideration to the possibility of creating a permanent body or bodies to specialise in the study of problems of working conditions, labour productivity, labour turnover, vocational training, industrial relations and labour management. There can be no doubt that, at the present stage of Turkey's economic and social evolution, the initiative in this field should be taken by the Government. The activities in the field of labour and social welfare of the Siimer Bank and the Eti Bank would appear to offer a suitable foundation for building up the institute or institutes required. These should, however, be as far as possible autonomous and under the management of bodies on which the competent Government department, the Sümer Bank and the Eti Bank, the private industrial employers and the organised workers would have due representation. It goes without saying that close co-operation and co-ordination should be maintained between the activities of any such body and the various organs of the Ministry of Labour (particularly the labour inspectorate and any special sections that may be set up to deal with such problems as those arising out of the employment of women and young persons). CHAPTER III CONDITIONS OF WORK AND EMPLOYMENT In this chapter are considered a number of general problems of the kind normally covered by labour legislation such as the Turkish Labour Code of 8 June 1936. The opportunity will also be taken to deal here with various problems in respect of the scope of general labour legislation which appear to be causing or likely to cause difficulty in Turkey. W A G E S AND W A G E POLICY ' It is generally agreed that wages in Turkey are low—both absolutely, by reference to the standard of subsistence that they provide, and relatively, by comparison with levels of remuneration in many other countries. Moreover, owing to the existence of an inflationary situation, real rates of remuneration have been tending to fall, as in other countries where prices tend to rise more rapidly than wage rates. The effects of low wage rates have been and are being to some extent mitigated by the widespread practice of providing a proportion of the worker's remuneration (in many cases as much as 30 or 40 per cent.) in kind—free meals, clothing, medical care, free or cheap housing, special gifts in case of weddings or funerals, and other social services. Moreover, although lack of a stable and trained labour force is one of the country's most pressing problems, little appears to have been done in the way of using differential rates of remuneration as an incentive, and the margin between the rates paid to semi-skilled and unskilled workers, or beginners and experienced workers, often seems extremely slight. In most industrial countries wages are normally fixed by some form of collective bargaining, supplemented by the operation of some form of minimum wage fixing machinery in respect of workers CONDITIONS OF WORK AND EMPLOYMENT 31 who are not strongly enough organised to defend their own interests (though even minimum wage fixing processes often tend in practice to be a form of collective bargaining, under governmental supervision). In Turkey the trade union movement is scarcely in a position to play a full and adequate part in the operation of collective bargaining procedures for purposes of wage fixing. Unduly low rates of remuneration are by no means an advantage to any country; on the contrary, the underpaid worker is likely to be an undernourished, unwilling and inefficient worker. Moreover, if labour is too cheap the employer lacks a most important incentive towards conducting his undertaking with the greatest possible degree of efficiency and towards making full use of modern techniques and equipment. Further, if for one reason or another workers are paid less than the real value of their labour the distribution of income becomes excessively uneven, with all the harmful social and political consequences that follow from such a state of affairs; and the development of markets, necessary as a basis for industrial expansion, is inhibited by the inadequacy of consumer demand. Historically speaking, it may be said that the introduction of minimum wage fixing machinery has often proceeded side by side with the development of procedures of collective bargaining, and as a supplement to those procedures. In Turkey, in face of the almost complete absence of collective bargaining as practised in the more highly developed industrial countries, the authorities have been naturally tempted to try to introduce minimum wage fixing machinery as a first step. Article 32 of the Labour Code lays down that " regulations shall be issued to fix the minimum wage rates (by the hour, day, week or month, or at piece or task rates) payable to employees engaged on work the performance of which has been recommended by the Ministry of Economic Affairs in view of economic and social requirements ". No such regulations appear in fact to have been issued; and in the Bill now under consideration for the amendment of the Labour Code it is proposed to substitute a revised text of Article 32, providing, inter alia, for the establishment of local minimum wage fixing boards on which employers and workers are to be represented. The whole problem of wage determination is one of the most difficult and complicated in the general field of labour policy. There is no single generally accepted principle upon which wage awards can be based. A United States expert on the subject 32 LABOUR PROBLEMS IN TURKEY tentatively offers the following list of objectives at which those responsible for fixing wage rates may be said to aim: (1) the wages should be high enough to secure and hold the needed labour supplies, (2) and to yield to each grade of labour earnings as high as that grade is tending to command through all industries in its own labour market ; (3) a living wage must be the first charge upon industry; (4) labour must have its rightful share of the national income, (5) yet any industry's wage rates should not be so high as to burden it with excessive costs, (6) nor so high as to contribute to excessive unemployment, (7) nor should the whole industrial relations structure of the industry tend to handicap improvements in equipment, processes, and methods, (8) nor should it offer chronic irritations to either managements or men such as to foster an abnormal degree of strikes or other forms of withheld co-operation; (9) within limits wage rates should be flexible rather than rigid.1 Another well-known expert discusses the question of principles for wage determination in somewhat simpler terms. After drawing attention to the indispensability, for any adequate system of wage fixing, of efficient methods of enforcement and of an appropriate composition of wage fixing bodies, and to the great difficulty of solving these two problems, this expert states: Still more difficult is the choice of a principle which is to replace the existing method of determining the price of labour. This is undoubtedly the most fundamental problem of all. Its solution is inseparable from a clear idea of the objects which it is hoped that wage regulation will attain. No principle will be appropriate for every purpose and for all circumstances. From the experience of different countries the economist can warn wage regulators that some suggested principles are useless, while others are much more complicated than they seem. He can reveal the emptiness of the principle of fixing a wage which a trade can bear, and can point to the limitations of the " fair wages " criterion. Attempts to apply these principles have exhibited their hollowness, and have led to the substitution of some other principle, or to a reversion to the old method of valuing labour. Certainly the " living wage " has not been open to these objections, and this probably accounts for its widespread popularity. But the living wage has its own disadvantages, while experience shows that before it can become a reality it must be accompanied by other devices, in order to adjust it to differences in the size of families, and to changes in the value of money. Moreover it is significant that the two States which have made the most careful and serious attempt to apply the doctrine of the living wage have found it 1 Z. Clark DICKINSON: Collective Wage Determination (Ronald Press Company, New York, 1941), p. 109. CONDITIONS OF WORK AND EMPLOYMENT 33 necessary to institute a special body to fix its content, while several others have found its statistical determination no light task. 1 The International Labour Office, surveying the problem internationally, has published the following general observations 2 : The position of a statutory wage fixing authority is of course different in several respects from that of an arbitrator chosen freely by the parties to a dispute, and the wage rates it will fix may differ appreciably from those which would have been set by such an arbitrator and still more from those which would have resulted from the free play of market forces or from collective bargaining. In framing his decision a private arbitrator must have special regard to the need to make it sufficiently acceptable to both parties to induce them, on the occasion of their next negotiations, to have recourse again to arbitration rather than to the weapon of the strike or lockout. A statutory authority, while it could not prudently disregard this consideration, will be less influenced by it, since the possession of compulsory jurisdiction will make the authority less dependent on the good will of both parties. In another respect, however, a statutory authority may enjoy less freedom than a private arbitrator. It may be obliged by law to base its decisions on specified principles. Even if there is no such formal obligation, the position may not in practice be very different. " A permanent tribunal responsible for maintaining industrial peace must . . . be reasonably consistent in its decisions. If no rules are prescribed, it must invent them; and it must follow its own precedents. Any other course would lead to chaos and would defeat the very purpose for which it is established." 3 In its choice of principles the authority will be bound to take into account, in addition to the underlying factors of the market situation which have been discussed in the foregoing pages, more general considerations of equity and of public policy. It will take into account, for example, the relation of wages in any one occupation or industry to those in others. When changes occur in the cost of living rt is likely to make some allowance for them; and it may even provide for the automatic adjustment of wage rates to such changes.4 It is likely to be influenced by current views as to what constitutes a fair or just wage and by such demands as one for a " living wage " adequate to meet " the normal needs of the average employee regarded as a human being living in a civilised community " s , or for a " social justice wage " giving the worker a greater share in the national income, or for a guaranteed weekly, monthly or annual wage. Having regard to the importance now attached in all countries to the maintenance of full employment, the 1 E. M. BURNS: Wages and the State (P. S. King and Son, Ltd., London, 1926), pp. 420-421. 2 International Labour Conference, 31st Session, San Francisco, 1948, Report VI (a): Wages (a) General Report (I.L.O., Geneva, 1948). 3 E. J. RICHES: "Conflicts of Principle in Wage Regulation in New Zealand ", in Economica, Aug. 1938, p. 316. 1 In Australia, for example, the basic wage rates (as distinct from margins for skill and other factors) fixed by the Commonwealth Court of Conciliation and Arbitration and by other industrial tribunals are subject to automatic adjustment at specified intervals in accordance with movements in an official index of the cost of living. 6 This was the definition of a " living wage " given by Mr. Justice Higgins of the Australian Commonwealth Court of Conciliation and Arbitration in the famous " Harvester " case of 1907. 34 LABOUR PROBLEMS IN TURKEY wage fixing authority will also be bound to give great weight to the possible repercussions of its decisions on the level of employment, both in particular occupations and industries and in the economy as a whole. Finally, since one of the objectives of any wage fixing authority must be to secure the willing acceptance of its decisions, including not merely the avoidance of strikes or lockouts but the absence of such dissatisfaction as would prejudice output, the authority will be bound to take into account not merely the desires but also, in some degree at least, the relative bargaining strength of the parties concerned. It is partly in order to promote the acceptance of their decisions that wage fixing authorities are in some cases required by law to state the reasons for such decisions; and the same purpose has led industrial tribunals in other cases to follow a similar course. The resulting statements, or " reasoned judgments ", throw much light on the considerations which have influenced their decisions and consequently on the factors which determine wage rates under conditions of authoritative regulation. These statements do not, however, tell the whole story. Wage fixing authorities do not always find it expedient to reveal the relative importance they have attached to different considerations, or even to specify all the considerations they have taken into account. When, as often happens, different principles which they have laid down on earlier occasions would lead to conflicting conclusions, it does not follow that they will make any reference to that fact. It is the function of an industrial tribunal to settle disputes, not to create them. Though its decisions have the force of law, that does not make it any the less desirable that they should be willingly accepted by the greatest possible number of the parties concerned. If such acceptance can be facilitated by a demonstration that established principles have been respected there is a strong inducement to emphasise the degree of conformity and to minimise any departure which may have been found necessary.1 In general, therefore, while one of the main objectives of a wage fixing authority is likely to be to ensure that workers will receive a wage equal to the marginal net product of their labour—that is, the wage they would receive if perfect competition existed in both labour and product markets—it is to be expected that in practice any such authority will take into account a variety of other considerations. Much will depend accordingly on the views of the members of the authority, on the general social and political climate in which it operates, including in particular the degree of industrial organisation, and on economic conditions in the occupations and industries concerned. It is consequently not possible to sum up in any simple generalisation the factors which will determine wages under conditions of authoritative regulation. The above description of the difficulties which must necessarily attend the elaboration and execution of any wage fixing policy should not in any way deter the Turkish Government from proceeding with its plans for establishing some form of minimum wage fixing machinery. It does suggest, however, the desirability of proceeding in such a manner as to take full account of these difficulties. 1 E. J. RICHES, loc. cit., p. 331. CONDITIONS OF WORK AND EMPLOYMENT 35 Of the various criteria that must ultimately be taken into account in the determination of wage rates, the one to which the greatest attention should be devoted in present circumstances in Turkey would appear to be t h a t of the cost of living (the suggestion put forward in some quarters that the minimum wage rates might be based on calories must be dismissed as irrelevant; food is by no means the only item in the worker's family budget, and in any case the efficiency of a diet cannot be assessed by reference solely to its value in calories). The cost of living cannot, however, be accepted permanently as the sole criterion. As Dr. Clark Dickinson has pointed out: It is clear that wages and salaries cannot long be adjusted merely to cost-of-living indices, even in peacetime. . . . Problems of construction and maintenance of a cost-of-living index are perplexing. Satisfactory retail price quotations, fully comparable over long periods, are difficult to obtain—particularly on housing rents; and the changes of weights assigned to various goods, which are required to adapt the index to changes in people's incomes and consumption habits, soon run beyond the layman's comprehension. When great dependence is placed on a cost-of-living index for wage setting, therefore, discontent with that index is pretty sure to develop. Questions as to relative cost of living between village and city, and between regions, have baffled statistical experts, but rapid progress on these problems is to be expected. Thus, our present indices show approximately the degrees of change in living costs, from time to time, in each large city covered (from which some inferences can be drawn as to simultaneous changes in adjacent territories).1 Before any attempt is made to apply Article 32 of the amending Bill to the Labour Code, it would appear desirable to collect information of the kind which the wage fixing boards will require as a basis for their decisions. As a beginning enquiries of a limited character might be conducted into actual rates of remuneration and the cost of living for one or two specific industries, groups of undertakings or localities. Special attention should be devoted to differential rates between stable and unstable workers and skilled or unskilled or semi-skilled workers. Indeed, any wage fixing procedure that may be introduced should be applied with constant reference to the manpower requirements of Turkish industry. If the attempt to fix minimum wage rates were confined solely to the unstable and unskilled workers, it is doubtful whether employers would spontaneously realise the necessity of increasing such rates sufficiently for those skilled and experienced workers 1 Op. cit., p p . 140-141. 36 LABOUR PROBLEMS IN TURKEY whose contribution to Turkish industrial development is so essential. Finally, attention may be drawn to the methods of wage fixing adopted by Mexico, a country whose circumstances are not entirely different from those of Turkey. In that country minimum wages are fixed according to the provisions of Articles 414-428 of the Federal Labour Act, 1931 1, as amended by the Decree of 6 October 1933.2 They are fixed every two years by special boards appointed in each municipality and composed of equal numbers of representatives of employers and workers, together with a chairman representing the municipality. These special boards fix the minimum wage rate which will apply in the municipality concerned, subject to the approval of the competent central conciliation and arbitration board, as a result of an examination of the economic situation of the district in which the minimum is to be fixed and the different kinds of employment. For this purpose each special board collects data respecting the cost of living, the expenditure absolutely necessary to satisfy the minimum needs of an employee,the economic conditions of the markets for the products in question and any other necessary information. Public authorities and all industrial and agricultural undertakings and organisations are bound to supply such information connected with the fixing of minimum wage rates as the special boards may request, subject to certain limitations. Employers and workers can submit any relevant evidence to the special boards and may appeal to the competent central conciliation and arbitration board against the decisions of these boards. In the case of piece work, the piece rates which are paid must be such as will enable a normal worker to earn a sum not less than the minimum wage in the course of a working day of eight hours. HOURS OF WORK The Turkish Labour Code provides for a normal maximum 48-hour week and a working day of eight to nine hours, subject to the possibility of working overtime up to a total of three hours a day on not more than 90 days in the year, with overtime rates at not less than 25 per cent, above the normal 1 2 L.S., 1931—Mex. 1. L.S., 1933—Mex. 2. CONDITIONS OF WORK AND EMPLOYMENT 37 hourly rate. In practice, however—to some extent at least by virtue of Decrees issued under the National Protection Act of 1940—the maximum limits imposed by the Labour Code appear to be widely disregarded, and a normal working day of 10 or 11 hours is common. The social arguments in favour of imposing the limitations on working hours embodied in the Labour Code scarcely need recapitulation—the Turkish authorities would hardly have inserted them in the Act had they not been convinced of the social desirability of doing so. On the other hand the present open or tacit disregard of the limits laid down by the Act suggests that the experience of other countries in regard to the economic repercussions of working hours has not been fully studied or appreciated. In the course of its investigations the Mission did in fact encounter firms which, after trying an 11-hour working day, voluntarily reduced daily hours of work to eight whilst maintaining the general level of earnings, and which expressed themselves entirely satisfied with the economic results. The general belief appears, however, to be that there is some kind of direct arithmetical relationship between output and the number of hours worked. This belief is definitely not borne out by experience in other countries 1; and one of the first tasks of a labour research institute, the creation of which is suggested elsewhere in this report, should be to investigate the relationship between hours of work and output in various industries against the Turkish background. A summary of the present situation in regard to hours of work in industry in other countries will be found in the report 2 of the Governing Body of the I.L.O. to the International Labour Conference on the working of international labour Convention No. 1, 1919. It is suggested that the contents of this report deserve careful study in Turkey. According to this report " at the present time it may be stated that, in general, the hours of work of em1 " In the course of history, increased output per man-hour has been associated with a reduction in the number of hours worked. It is well known that in the United States average working hours per week are substantially lower than in the United Kingdom, and output per man-hour is higher. There is a prima facie case that there is some inter-relationship between the two, in fact a double relationship, i.e., high productivity allows reduction of working hours and this in turn increases productivity." (L. ROSTAS: " International Comparisons of Productivity ", in International Labour Review, Vol. LVIII, No. 3, Sept. 1948, p. 304.) 2 International Labour Conference, 32nd Session, Geneva, 1949: Report of the Governing Body of the International Labour Office on the Working of the Convention (No. 1) Limiting the Hours of Work in Industrial Undertakings to Eight in the Day and Forty-Eight in the Week, 1919 (I.L.O., Geneva, 1949). 38 LABOUR PROBLEMS IN TURKEY ployees in industry do not exceed the limits fixed by the Convention. At the present time the principle of an eight-hour day or 48-hour week . . . is universally applied and no longer appears to be contested. . . . From the physiological point of view, this limitation of hours of work, combined with a weekly rest, responds in most cases to the vital needs of the adult human being. From the point of view of hourly output, it would seem that the eight-hour day and the 48-hour week constitute in the normal conditions of modern industry what have been described on many occasions as optimum periods of work." The report recalls that " from 1938 on, the intensive rearmament of a number of States, brought about by international political tension, put an end in certain countries to the trend towards reduction in hours of work, and in fact initiated an opposite trend towards the actual extension of hours of work ". After the outbreak of war, however, " studies were made in Australia, Canada, Germany, Japan, New Zealand, the United Kingdom and the United States with a view to establishing the conditions with which the regulation of work should comply in order to conciliate the limitations of human effort with the incontestably urgent requirements of production. In order to attain maximum production, hours of work were frequently raised beyond the optimum duration guaranteeing the best hourly output, such extension, however, not exceeding the limit at which the consequences of fatigue would have compromised production as a whole. Working days of eight or nine hours and working weeks of 48 or 56 hours, varying according to country, were considered as perhaps best satisfying this double criterion, and in any case it was fairly generally laid down that the limits of 10 hours per day and 60 hours per week should not be exceeded." 1 It therefore appears urgently necessary that steps should be taken in Turkey as soon as possible to carry out a systematic investigation of experience both in Turkey and in other countries with a view to determining whether the hours at present worked 1 Detailed information on the results of wartime enquiries into the relation between hours of work and output in various countries will be found in the International Labour Review. See especially " The Reaction against Undue Prolongation of Hours of Work in Defence Industries ", Vol. XLII, Nos. 4-5, Oct.-Nov. 1940, p. 267; " A Scientific Labour Policy for Industrial Plants", by P. Sargant FLORENCE, Vol. XLIII, No. 3, Mar. 1941, p. 260; " Hours of Work in Wartime ", Vol. XLIII, No. 4, Apr. 1941, p. 446; " Causes of Absenteeism in British Filling Factories", Vol. XLIV, No. 5, Nov. 1941, p. 587 ; " Two Studies on Wartime Hours of Work ", Vol. XLV, No. 6, June 1942, p, 684; and "Wartime Hours of Work and their Effects in Great Britain", ibid., p. 687. CONDITIONS OF WORK AND EMPLOYMENT 39 in Turkey are those most conducive to maximum and optimum production, even in a state of emergency. Pending such an investigation, it would appear, in the light of the experience of other countries, and even of Turkey herself, not unreasonable to suppose that a return to the strict enforcement of the provisions of the 1936 Act, accompanied by the maintenance of earnings at something like their present level (which, in terms of effective purchasing power, probably represents a lower standard of living than was enjoyed by Turkish workers before the war) would not merely enable the workers themselves to live a fuller and healthier life, but would be in the best interests of Turkish economic development as a whole.1 It is not quite clear whether the limitations in respect of hours of work imposed by the Labour Code apply to commercial as well as to industrial undertakings. On the other hand the Bill at present under consideration for the amendment of the Act appears definitely to cover both industrial and commercial undertakings. In any case, it is to be presumed that commercial undertakings will not be excluded from the scope of legislation limiting hours of work unless the competent authorities are convinced that such exclusion is in present circumstances unavoidable (especially on account of difficulties of enforcement). The Labour Code, in addition to limiting daily and weekly hours of work, also provides that the employees shall be granted a break about the middle of the daily hours of work of half an hour when work lasts less than* eight hours or of one hour when work lasts eight hours or more. Some difficulty appears to have arisen in applying this provision, particularly in bakeries, where daily hours of work have been fixed at 11. As has been pointed out above, the vast majority of other national legislations do not allow for a normal working day of 11 hours. Many legislations which, in common with the Turkish Labour Code, provide for a break of half an hour allow that break if necessary to be broken up into two breaks of a quarter of an hour each; and the possibility allowed by the Turkish Act of not granting the break or breaks at the same time for all employees working in the same part of the undertaking 1 Although, as has been pointed out above, lower hours of work than those at present usual in Turkey have been found conducive to maximum productivity, it would be mistaken to expect a reduction of working hours to lead immediately and automatically to increased output. A certain interval must usually be allowed to elapse before such a reduction produces its full effects. 40 LABOUR PROBLEMS IN TURKEY is also allowed by other legislations. Where it is impossible to stagger the breaks in such a way as to meet the requirements of the baking industry, it would certainly appear reasonable to allow the total period of break required by the Act to be broken up into appropriate fractions. It goes without saying that representatives of the employers and workers in the industry itself should be consulted as to the system of breaks that would be most suitable. THE WEEKLY REST A weekly rest of not less than 24 hours was introduced for numerous categories of industrial and commercial workers, in towns with a population of not less than 10,000, by the Act of 2 January 1925.1 Act No. 2,739 of 25 May 19352 extended the compulsory weekly rest period to a minimum of 35 hours, beginning at 1 p.m. on Saturday. Since then, the National Protection Act of 1940 has authorised the Government to exempt certain undertakings from the obligation to allow a weekly rest on Sundays, provided that a compensatory rest is granted on another day of the week. Decrees issued under this Act have accordingly allowed certain establishments to replace Sunday by another day of the week as the weekly rest day. The weekly rest period is now one of the most universally applied provisions of labour protection throughout the world. From the point of view of the maintenance of the individual worker's strength and efficiency, it has come to be generally recognised that a period of at least one day's rest in seven is absolutely necessary—that, so far from representing a burden upon the economic life of the community, it represents a positive contribution to productivity. Moreover, from the point of view of the healthy development of any community's civic and cultural life, it is clearly essential that the workers should enjoy at least this minimum amount of regular leisure. Indeed, in most industrialised communities the normal working week of five and a half days would now be regarded as a maximum, and many millions of workers, in a considerable number of countries and branches of activity, now work a five-day week, without any adverse effect upon the output of the industries concerned. 1 L.S., * L.S., 1925—Tur. 1. 1935—Tur. 1. CONDITIONS OF WORK AND EMPLOYMENT 41 The international labour Convention of 1921 concerning the application of the weekly rest in industrial undertakings 1 represents what might reasonably be regarded as a minimum standard for any country at the present day. It has already been ratified by 37 countries, and in most of those countries the law, or at least the practice, is more generous than the provisions of the Convention. Many other countries, which have so far found it impossible to ratify the Convention on account of some minor discrepancy between their national law or practice and the Convention's provisions, are also known to guarantee their industrial workers a weekly rest under at least as generous conditions. (The application of the weekly rest in commercial establishments is dealt with by a separate Recommendation (No. 18), also adopted by the International Labour Conference in 1921.2 In practice, the weekly rest is no less widely applied to commercial than to industrial workers.) It would therefore appear advisable that the Government of Turkey should seize the earliest possible opportunity of considering the possibility— (a) of repealing the suspension of the enforcement of the Acts of 1925 and 1935 on the subject; and (b) of extending the scope of those Acts, by repealing the restriction of their application to towns with a population of not less than 10,000 and by eliminating as many as possible of the categories of workers and branches of activity at present listed as excluded from the scope of the Acts. In fact, a weekly rest would already appear to be enjoyed by a large number of workers not covered by the Acts. It is also suggested that the existing Turkish legislation on the subject should be completed by provisions stipulating that work actually performed during the weekly rest period should be paid for at special overtime rates. A movement has recently made its appearance in a number of Asian and Latin American countries in favour of imposing by law upon employers the obligation, in the case of workers employed and remunerated on an hourly, daily or weekly basis, to pay a specific day's wages in respect of the weekly rest day. Legislation had been introduced to this effect before the war in China (1929) and in Mexico (1936), and since the end of the war such provisions have 1 8 See Conventions and Recommendations, 1919-1949, op. cit., pp. 60-63. Ibid., pp. 63-64. 42 LABOUR PROBLEMS IN TURKEY been adopted in Brazil, Chile, Colombia, Costa Rica, Guatemala, Peru, Venezuela, India, Iran and Pakistan. The laws in question usually make the payment of wages for the weekly rest day conditional on regular attendance at work during the preceding week. Overtime rates (30, 35, 100 or 135 per cent, above normal rates) are usually payable for work actually performed on the weekly rest day. A day's compensatory rest may be granted, with or without overtime rates, for work actually performed on the normal weekly day of rest. A Bill concerning the same subject is now under consideration by the Turkish Parliament. This Bill does not impose the condition of regular attendance at work during the preceding week; on the other hand—no doubt in view of the extreme difficulty in Turkey of recruiting a stable force of industrial workers—it provides for the payment of wages for the weekly rest day only to workers who have effectively worked on 280 days per year during four consecutive years (150 days per year in the case of underground workers). It is not clear whether the workers in question must have worked continuously during the whole four-year period for the same employer. No distinction is drawn between workers remunerated on an hourly, daily or weekly basis and those remunerated on a fortnightly or monthly basis. (In other countries the fortnightly or monthly wage or salary is usually deemed to include payment for the weekly rest.) There can be no doubt of the desirability in Turkey of taking special measures to encourage industrial workers to remain regularly at their employment over a prolonged period. On the other hand, it appears doubtful whether a law on the lines proposed will in fact be sufficient to counteract the causes of the present instability. There is certainly a danger lest many employers may seek a pretext for dismissing workers before they have completed the requisite four years of regular employment, and it would be very difficult for the workers themselves or for the competent authorities to combat such a tendency. In any case, the proposed period of four years seems extremely long. In view of the fact that wage rates in Turkey are relatively low, and that real wage rates appear to have declined considerably in recent years, it is suggested that the Turkish Government might seriously consider the desirability of adopting legislation similar to that now in force in the other countries mentioned above, making the payment of wages for the weekly rest day dependent simply on regular attendance at work during the preceding week, Tobacco factory, Istanbul é¿: Interior of beet sugar factory, Turbal CONDITIONS OF WORK AND EMPLOYMENT 43 and at the same time restricting the scope of the legislation to workers remunerated on an hourly, daily or weekly basis.1 PUBLIC HOLIDAYS The Act of 25 May 1935 respecting the national festival and public holidays and rest days lays down that 29 October, the date of the proclamation of the Republic, shall be the only national festival. At the same time it lists a number of other " general puhlic holidays ". Article 46 of the Labour Code provides for the payment of full wages in respect of 29 October, with double rates of pay for all work actually performed on that day. In recent years the practice of paying wages for public holidays has become very widespread. Some countries recognise the practice in their national constitutions; many prescribe such payment by law; in many others the matter is dealt with by collective agreement. Whereas in 1930 the Annual Review of the International Labour Office recorded that " it is unusual for wages to be paid for holidays of this kind ", there are now at least some 40 countries in which such payment is practised.2 As regards salaried employees and other workers paid on a monthly or even a fortnightly basis, it is frequently laid down that no deduction shall be made from their wages on account of their having been idle on a recognised public holiday; whilst as regards workers paid by the hour, day or week it is stipulated that in addition to their ordinary earnings wages shall be paid for recognised public holidays on which they are idle. The national laws frequently exclude certain categories of workers (e.g., persons employed in family undertakings, persons employed in undertakings with less than a specified number of workers, persons earning more than a certain amount annually, persons employed in charitable institutions, etc., seamen in the course of a voyage, persons 1 A comparative study of legislation on the subject will be found in an article entitled " Holidays with Pay: Public Holidays and Weekly Rest Days ", in the International Labour Review, Vol. XL, Nos. 1 and 2, July and Aug. 1949. a The countries in regard to which the International Labour Onice possesses information regarding payment of wages for public holidays include: Albania, Argentina, Australia, Belgium, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Czechoslovakia, Ecuador, France, Guatemala, Honduras, Hungary, India, Iran, Ireland, Israel, Italy, Luxembourg, Mexico, the Netherlands, New Zealand, Panama, Peru, Salvador, Switzerland, Syria, Turkey, the Union of South Africa, the United Kingdom, the United States, Uruguay and Venezuela. 4 44 LABOUR PROBLEMS IN TURKEY employed in lighthouses or on lightships, agricultural workers, restaurant car employees and domestic servants). The number of days officially recognised as public holidays for the purposes of such legislation varies considerably (France, one day; India and Uruguay, three days; Syria, three to seven days; Costa Rica and Mexico, five days; Argentina, China, Iran and Ireland, six days; Ecuador, seven days; Western Australia, Manitoba, Saskatchewan, Guatemala, Hungary and New Zealand, eight days; Belgium, Honduras, Luxembourg and Panama, 10 days; Czechoslovakia, 17 (provisionally nine) days. In some cases it is laid down that where a public holiday falls on a Sunday, workers shall be entitled to a paid holiday on the following Monday. In a few cases, workers must have been employed not less than a certain period in an undertaking (one week, three months, six months, one year) in order to qualify for payment in respect of a public holiday. More frequently, it is laid down that, save in cases of force majeure, workers must have worked a minimum number of days since the last previous public holiday, or during the preceding week or fortnight. In some cases, the right to payment for a public holiday is lost if a worker absents himself from work on the day following. Where a worker is obliged to work on a public holiday, he is usally paid overtime rates (25 to 200 per cent, above normal rates). In some cases an alternative day's holiday may be granted, with or without overtime payment. In certain cases compensation funds are created to cover the case of workers not continuously employed by a single employer. This is especially the case where such compensation funds exist in respect of annual holidays with pay. 1 It is suggested that the Turkish Government might seriously consider, in the light of the information supplied above on recent progress in other countries, whether the time has not come to make more generous provision for public holidays with pay in respect of industrial and commercial workers. ANNUAL HOLIDAYS WITH PAY Turkish legislation does not at present contain any provision for annual holidays with pay as regards industrial and commercial 1 See " Holidays with Pay: Public Holidays and Weekly Rest Days ", loc. cit. CONDITIONS OF WORK AND EMPLOYMENT 45 workers. In practice, it is understood that the industrial undertakings managed by the Sümer Bank grant the following holidays with pay: (a) workers with one to three years of service, seven days; (b) workers with three to five years of service, 10 days; (c) workers with more than five years of service, 15 days. In recent years the practice of granting annual holidays with pay to employees has become very widespread. In 1935, when the international labour Convention on the subject (adopted by the Conference in 1936) was in preparation, only 14 countries and two Swiss cantons had established the legal right of both manual workers and salaried employees in industry and commerce to an annual paid holiday, the scope of the laws of such other countries as had adopted legislation on the subject being confined to certain classes of workers (salaried employees, commercial employees, shop assistants, etc.). By 1948 the number of countries in which annual holidays for workers in general was a statutory requirement had risen to 41; and even where no statutory obligation existed, annual paid holidays were frequently stipulated by collective agreements. The international labour Convention (No. 52) concerning holidays with pay x applies to all salaried employees and wage earners in industrial, commercial and other undertakings and establishments, both public and private, as defined in a comprehensive list embodied in Article 1 of the Convention. The minimum length of the annual holiday is fixed at six working days for employees in general and 12 working days for persons under 16 years of age, including apprentices, after one year of continuous service. The minimum holiday must increase with the length of service under conditions to be prescribed by national laws or regulations. Public and customary holidays, and interruptions of attendance at work due to sickness, are not to be included in the annual paid holiday. A worker dismissed for a reason imputable to the employer before the worker has taken a holiday due to him must receive in respect of every day of holiday due to him his full usual remuneration. It is also laid down that national laws or regulations may provide that a person who engages in paid employment during the course of his annual holiday may be deprived of his right to payment in respect of the period of the holiday. At present the minimum length of the annual paid holidays exceeds the six working days laid down by the Convention in 1 Conventions and Recommendations, 1919-1949, op. cit., pp. 355-360. 46 LABOUR PROBLEMS IN TURKEY 35 countries (seven working days in two countries, eight days in one country, 10 days in one country, 12 days or two weeks in 17 countries, 14 days in two countries, 15 days in seven countries, 18 working days in one country, 20 days in one country, 30 days or one month in three countries). In at least 18 countries the qualifying period entitling a worker to a holiday is less than the 12 months laid down by the Convention. In 10 of these countries the length of holiday allowed is proportionate to employment, the minimum duration of service to be taken into account in calculating the holiday ranging from one month to five days. In 19 countries where continuous service for a specified length of time is a condition of annual leave, absence for stated reasons is permitted without continuity of employment being broken. The reasons usually allowed are industrial accidents, sickness, annual holidays and military service. Other reasons include transfer by the management to another undertaking, change of owner, force majeure, childbirth and other interruptions not constituting a breach of the contract of employment. The following summary of the legal provisions on the subject in certain countries geographically adjacent to Turkey may be of particular interest: Egypt. Every employee (with certain exceptions, such as persons employed in agricultural undertakings, casual workers, employees in certain small undertakings, persons employed on sea-going vessels, public officials and domestic servants) is entitled to a holiday with full pay of seven days in the year, if an employee engaged by the day and not employed on dangerous work or work injurious to health ; of 10 days in the year if an employee engaged by the day and employed on dangerous work or work injurious to health; and of 15 days in the year if a wage earning or salaried employee engaged by the month. (Act No. 41 of 1944, respecting individuai contracts of employment, dated 10 May 1944 \ Article 37.) Greece. Under Act No. 539, respecting the granting of annual holidays with pay to employees, dated 5 September 19452, all persons employed for remuneration in industrial, handicraft, commercial, transport, or loading and unloading undertakings or activities carried on for profit, irrespective of the nature of their organisation (public or private), or in public utility undertakings, hospitals or other establishments or institutions, or in any other work performed on account of an individual or body corporate, a public or State organisation, an industrial association, a co-operative society, a public amusement undertaking or a club, who have been employed continuously in an undertaking covered by the Act for a period of not less than 12 months, are entitled in every calendar year to a holiday with pay, to be fixed as follows: (a) for persons employed as salaried employees in undertakings covered by this Act which are of a public nature or are public utility undertakings 1 a L.S., L.S., 1944—Eg. l . 1945—Gr. 2. CONDITIONS OF WORK AND EMPLOYMENT 47 or are carried on in the form of a joint-stock company or establishment or organisation, 12 consecutive working days; (b) for persons employed as wage earning employees (whether skilled or unskilled) or as apprentices or servants in undertakings covered by the Act, eight consecutive working days; (c) for persons employed as salaried employees in other undertakings covered by this Act, eight consecutive days; (d) for persons employed otherwise than as salaried employees in the undertakings covered by the Act which are specified under (c), six consecutive working days. The duration of the annual holiday with pay as prescribed above is to be increased by one working day for every six months of employment in excess of the qualifying period of one year, provided that the total duration of the holiday shall not exceed 26, 16, 18 and 12 consecutive working days for the persons specified under (a), (b), (c) and (d) above respectively. Young persons under the age of 18 years or persons employed normally in work which is injurious to their health or particularly arduous are entitled in all cases to an annual holiday with pay of not less than 12 consecutive working days. Periods during which the employee was absent from his employment on account of a comparatively short period of sickness, military service, a strike, a lockout or reasons of force majeure are not to be deemed periods of absence from work or reckoned as part of the annual holiday. The Minister of Labour is empowered to issue a Decree to constitute a " Fund for Employees on Annual Holiday ", in the form of an independent account with the social insurance institution or as an independent body corporate in public law, for the purpose of paying to employees on annual leave either all or part of the remuneration to which they are entitled for the duration of their holiday (thus relieving the employer of his liability therefor) or a supplementary holiday allowance which shall not in any case exceed one third of their remuneration, or for both these purposes. If it is decided that the whole of the remuneration shall be paid to employees on holiday by the " Fund for Employees on Annual Holiday ", it will not be necessary that the qualifying 12-month period of continuous employment shall have been spent in the employment of the same employer. If the employee engages in work for remuneration during his annual holiday, the employer is entitled to refuse to pay him remuneration for the period in question. In the event of the termination of the contract of employment without any fault on the part of the employee before he has completed the qualifying year of service, he must be paid, in addition to any compensation to which he may be entitled on any other account, a sum equal in the case of a salaried employee to one day's salary for every month's employment in the undertaking from which he is dismissed, or in the case of an employee other than a salaried employee to his daily wage for a number of days equal to half the number of months during which he has been in the employment of the employer by whom he is dismissed. Further, every employee who is dismissed for reasons originating with the employer before he has taken the annual holiday which is due to him is entitled by way of compensation to a sum equal to the remuneration which he would have received if he had been granted the annual holiday. The employer may not dismiss an employee during the period of the annual holiday, granted to him. 48 LABOUR PROBLEMS IN TURKEY Iran. A Code to regulate factory labour was adopted by the Iranian Council of Ministers on 18 May 1946, and was applied provisionally as an experiment before its acceptance by Parliament. It provided for an annual paid holiday of 15 days after one year's service in an establishment. In the light of the experience thus gained, the Iranian Parliament has now under consideration a Bill providing, inter alia, that all workers who have been employed continuously for six months in the same undertaking are entitled to one week's holiday with pay, and to 15 days after one year's uninterrupted service (in addition to six paid public holidays to be granted during the year). Iraq. Under the Act of 13 May 1942, amending the Labour Law of 1936, workers are entitled to holidays with full pay on the basis of one day's leave for each month of work. When work is performed on holidays it must be paid for at double time rates. If a worker leaves his employment having days of leave still due to him, he is entitled to a compensatory payment amounting to his regular wages for those days. Lebanon. Every employee (with certain exceptions, such as domestic servants and agricultural workers) who has been employed in an establishment for not less than one year is entitled to an annual holiday of not less than 15 days with full pay. The employer is entitled to fix the dates of such holidays in accordance with the exigencies of the work. It is unlawful for an employer to dismiss an employee or to give him notice of dismissal while he is on holiday. (Labour Code Act dated 23 September 1946 \ Article 39.) Syria. Every employee of an undertaking employing 10 or more persons (other than domestic servants) is entitled to an annual holiday of two weeks during which he shall receive his full remuneration, on condition that he has been in the service of the employer for at least 10 months. The employer is entitled to fix the dates for such holidays according to the requirements of the service, or to allow them in rotation so as to maintain efficient working. During the holiday periods the employer may not dismiss the employee or give him notice of dismissal. Similarly, any employee who leaves his employer's service during the annual holiday without the latter's consent is liable to payment of damages. (Act No. 279, Labour Code, dated 11 June 1946 a, Article 121.) In view of the widespread progress made in recent years in the granting of annual holidays with pay to industrial and commercial workers, of the evident social benefits involved in the granting of such holidays, and of the fact t h a t such holidays are already granted to workers in the Sümer Bank establishments, it is suggested that the Turkish Government should seriously consider the possibility of adopting legislation on the subject, with due regard for the requirements of Turkish industry and commerce, and particularly for the need to encourage regular and assiduous work. 1 2 L.S., 1946—Leb. 1. L.S., 1946—Syr. 1. CONDITIONS OF WORK AND EMPLOYMENT EMPLOYMENT OF JUVENILE 49 WORKERS Provisions concerning the employment of juvenile workers are laid down in the Turkish Act respecting public health of 24 April 1930 and the Labour Code of 8 June 1936. These Acts in particular prohibit the employment of children under the age of 12 years in industrial undertakings and lay down that children under the age of 16 years shall not be employed on any work whatever for more than eight hours a day. The hours of work of children who are pupils of elementary schools must be arranged so that they do not hinder attendance at school, and the hours spent in school must be reckoned as part of the eight-hour working day. Young persons under the age of 18 years may not be employed on underground work or work under water or on any industrial work during the night. The employment of young persons under the age of 18 years in bars, cabarets, dance halls, cafés, casinos and bathing establishments must be prohibited by the communal authorities. Before being admitted to any employment whatever, children and young persons aged 12 to 18 years shall be examined by the medical officer of the undertaking (or in default of such by a State or communal medical officer) and certified physically fit for the work to be performed, its nature and conditions being taken into account. Regulations must be issued to specify the kinds of arduous and dangerous work in which persons under the age of 18 years must not be employed. In order to facilitate enforcement of the statutory provisions, employers are required to keep appropriate lists or registers. Whilst the spirit underlying such provisions must be applauded, and whilst there can be no doubt that their application has in general produced beneficial results, they are, in their present form, open to criticism on various grounds: (a) The minimum age of 12 years is below that set by the legislation of most other countries and by the international labour Conventions on the subject. Admittedly, there are grave objections to prohibiting the employment of children over, say, 12 years of age unless there is some guarantee that, if not employed, they will be attending school. Moreover, it is no doubt necessary in some countries, as a provisional measure, to allow even young children to contribute to the family budget. On the other hand, where school facilities do exist, the age of 12 may be considered as very young for ceasing education and entering employment. 50 LABOUR PROBLEMS IN TURKEY (b) Certain provisions, and particularly those prohibiting all industrial employment at night under the age of 18 years, appear, in comparison with other national legislations and with the provisions of international labour Conventions, to be unduly rigid, and to have been drafted without due regard for the interests of certain groups of juvenile workers and of certain branches of industry. Subject to certain essential safeguards, boys under 18 years of age need to work at night with their shifts in order to obtain the necessary training and experience to qualify them for skilled work. The absolute prohibition of all underground employment of boys under 18 years of age is open to criticism on similar grounds. (c) The Turkish legislation on the subject does not, generally speaking, apply to non-industrial employment. (d) The legislation regarding employment of juveniles does not appear to have been conceived as part of any general plan or policy in regard to the protection, employment and training of juveniles. In a country like Turkey, with a notable lack of skilled and educated workers, and at the same time with an ambitious programme of industrial development, the protection and the training of young workers is clearly a matter of fundamental importance. The industrial and commercial undertakings of the future must be assured of a constant flow of healthy, educated and trained recruits. Consequently, it is necessary to regulate and supervise conditions of employment and conditions of education and training in accordance with a single, well co-ordinated plan; conditions of employment must be such that the young worker's health and physical development shall be so far as possible guaranteed, and that, while working, he shall at the same time be learning; and his school education should be planned in such a way as to promote his skill and efficiency as a worker. Questions of vocational training are discussed in another chapter of the present report. As regards conditions of employment and their regulation, the following suggestions are submitted: (a) Any body or bodies that may be set up for the continuous and systematic study of labour problems (in accordance with the suggestion put forward elsewhere in the present report) should include a special section for the study of problems connected with the employment of juvenile workers. It would be the duty of CONDITIONS OF WORK AND EMPLOYMENT 51 this section to carry out a continuous survey of the problems that arise in connection with the employment of young people and their most appropriate solutions, with due regard for national and local circumstances and for the requirements of Turkey's economic development. (b) The Ministry of Labour should include a special section, staffed by properly qualified officials, whose special duty it would be to organise the supervision of the employment of juvenile workers and to advise the Minister concerning the legislative and administrative measures that may be required. This section would work in close co-operation with the competent organs of the Ministry of Education on the one hand, and with the juvenile workers' section of the labour research institute or institutes mentioned under (a) above. (c) Consideration should be devoted to the adaptation of existing prohibitions in respect of the employment of young persons under 18 years of age at night, and of the employment of boys under 18 years of age underground, in such a way as to meet the requirements of Turkish industry in regard to the training of young workers. (d) The possibility of regulating the employment of children and young persons in non-industrial undertakings should be considered. (e) In particular, consideration should be given to the possibility of regulating the employment of young persons in street trading. Considerable numbers of children of both sexes are at present to be seen on the streets of Turkish cities and towns, engaged in various forms of gainful activity, and it can hardly be doubted that such employment, if not suitably regulated, is liable to involve the same moral and physical risks as in other countries. It may be noted in this connection that the international labour Convention concerning the age for admission of children to non-industrial employment (revised 1937) lays down that a higher age or ages than those fixed for admission to non-industrial employment in general shall be fixed by national laws or regulations for admission of young persons and adolescents to employment for purposes of itinerant trading in the streets or in places to which the public have access, to regular employment at stalls outside shops or to employment in itinerant occupations, in cases where the conditions of such employment require that a higher age should be fixed; and that national laws or regulations shall provide suitable means for 52 LABOUR PROBLEMS IN TURKEY facilitating the identification and supervision of persons under a specified age engaged in such employments and occupations. Further, the international labour Convention (No. 79) concerning the restriction of night work of children and young persons in nonindustrial occupations (1946) * prohibits the employment of young persons under 14 years of age at night (as defined by the Convention); and the Recommendation (No. 80) of the same year on the same subject 2 lays down that, in order to facilitate the identification by official supervisory services of young itinerant workers protected by the laws or regulations, (i) young itinerant workers working for wages should carry on their persons a document and a badge which will permit their identification outside the undertaking, in addition to the documents kept by the employer, and (ii) young itinerant workers working on their own account or on account of their parents should carry on their person a document authorising their employment and a badge which will permit their identification; that young itinerant workers under 18 years of age should be provided with a work permit or an individual licence containing (i) the name, age and address of the child or young person, (ii) the photograph or signature of the child or young person or other means of identification, and his permit or licence number, (iii) if the child or young person is employed for wages, the name and address of the employer and his hours of work, and (iv) if the child or young person is working on his own account or on account of his parents, the name and address of his parents and their authorisation; that it is desirable that the work permit or individual licence should be issued by a service under the Labour Department; and that a young itinerant worker should be obliged to wear the badge which bears his permit or licence number so that it will be readily visible. The same Recommendation also contains provisions concerning co-operation and supervision by local authorities and educational and other authorities, and concerning the liabilities of employers and parents. QUESTIONS OF SCOPE Manual and Non-Manual Workers The Turkish Labour Code applies to " employees " (isçi), and this term is defined as meaning " any person who performs work 1 2 Conventions and Recommendations, 1919-1949, op. cit., pp. 689-695. Ibid., pp. 695-699. CONDITIONS OF WORK AND EMPLOYMENT 53 which is either exclusively manual, or both manual and intellectual, in the undertaking of another person in pursuance of a contract of employment ". Consequently, all workers not actually engaged in the performance of manual work are excluded from the scope of the Act. The distinction thus made between workers who perform any manual work and those who perform none does not appear to be logical or useful, and instances of such a drastic discrimination do not appear to exist in the labour laws of other countries. Many workers holding highly responsible positions, and who would not at first sight appear to stand in need of the kind of protection that is afforded by the Labour Code do in fact—or may at least normally be expected to—perform some manual work; whilst many other workers engaged on what would not usually be considered as manual work do stand in need of such protection. A number of national labour laws draw a distinction between manual workers or wage earning employees and salaried employees, though few if any entirely exclude salaried employees from their scope. Many other countries have found it unnecessary and misleading to draw any such distinction, and there would not appear to be any sound reason for suggesting that it should be introduced into Turkish legislation. Where this distinction is drawn, the criterion employed usually seems to be that of whether the work of the person concerned is predominantly manual or predominantly intellectual. Thus the Venezuelan Labour Code of 1945 1 defines the term " salaried employee " (empleado) as meaning " any person who works for another and in whose work intellectual effort predominates over physical effort"; and the term "wage earning employee " (obrero) as meaning " any person . . . who works for another in a trade or manual occupation or any other service in which the manual or physical element predominates ". (Persons who do not perform work themselves, but prepare or supervise work of other wage earning employees, such as foremen, overseers and the like, are deemed to be themselves wage earning employees.) The Brazilian Labour Code 2 provides an instance of the contrary tendency to eliminate such discriminations. Its Article 3 lays down that " there shall be no distinction with regard to the nature of the employment or the condition of a worker as such, nor between intellectual, technical and manual work ". 1 L.S., 1945—Ven. 1. » L.S., 1943—Braz. 1. 54 LABOUR PROBLEMS IN TURKEY The basic criterion for the determination of the scope of most labour laws appears to be that of the performance of work or services for another person, in return for remuneration; and exclusions from the scope of labour legislation are usually based, not on the precise nature of the services rendered, but on whether the worker concerned actually stands in need of the protection afforded by the law, or whether it is practicable to afford him such protection. Admittedly, not all employed persons stand in need of the protection afforded by labour legislation, nor would it be practicable actually to afford such protection to all employed persons without distinction. It is suggested, therefore, that the Turkish Government should consider whether it should not define the persons to be excluded from the scope of general labour legislation, not by reference to the question of whether their work is or is not manual, in whole or in part, but by reference to such criteria as whether their normal earnings exceed a certain specified level, or whether they hold managerial posts or posts of a responsible and confidential nature. Application of Labour Legislation to Small Undertakings and Particularly to Handicraft Undertakings The Turkish Labour Code applies only to " undertakings where the nature of the work performed is such as to necessitate the daily employment of at least 10 employees as a rule, and likewise to the employees of the said undertakings and to their employers ". However, in the Bill at present under consideration for the amendment of the Code, it is proposed to abolish this discrimination, and to make the Act applicable to all undertakings regardless of the number of persons employed in them. The essential question which arises in connection with the extension of general labour legislation to all undertakings without distinction of size is not one of justice—there can be no doubt that workers employed in small undertakings stand in just as great need, if not greater, of social protêt tion as those employed in large factories. The question is one of practicability, and above all of the possibility of supervision and enforcement. A law which cannet be effectively enforced is probably worse than no law at all, as the fact of its non-enforcement is calculated to bring the law as a whole into contempt. There are certain provisions of a general labour law—particularly those relating to actual conditions of employment (safety CONDITIONS OF WORK AND EMPLOYMENT 55 and health, hours of work, employment of women and juveniles)— which can only be enforced t'.irough an efficient labour inspectorate, paying regular visits to all the undertakings covered. I t seems extremely doubtful whether this condition could be fulfilled in Turkey if the scope of the Labour Code were immediately broadened so as to include all undertakings regardless of the number of persons employed in them. The report submitted by the International Labour Office to the International Labour Conference in 1938 on the generalisation of the reduction of hours of work in industry, commerce and offices contains the following pertinent observations: The reasons for which exclusion of small undertakings is so frequently permitted by national regulations are, like those already mentioned with reference to the exclusion of family undertakings, chiefly concerned with the difficulties of supervision and control. There is also the additional reason that it is often considered difficult to allow shorter hours in establishments where there is only a small number of employees. Undertakings may be judged to be small undertakings for the purposes of exemption of national hours regulations by two main criteria. These are (1) the number of workers employed in the undertaking, and (2) the extent to which it uses mechanical power. Either of these criteria may be employed alone or in combination with the other. Again, in a later passage, the same report observes: There are valid reasons for not excluding such undertakings. By so doing one places them in a privileged situation as compared with those subject to the regulations, and the latter may then complain of the competition of small undertakings. There are certain industrial and commercial activities in which this competition is particularly serious. Further, the staff employed in small undertakings is certainly just as much entitled to protection as workers employed in large undertakings. There are, however, weighty arguments in-favour of providing for the possibility of excluding small undertakings from the international regulations. Like family workshops, these undertakings find it difficult to adapt themselves to the same limits of hours as are observed by large undertakings, and the resulting financial burden is much heavier for them. There are in addition serious problems of organisation: when the reduction of hours of work leads to the engagement of additional workers, small undertakings have often to solve very difficult problems because of the lack of space in the workshop and the necessity for increasing their equipment; the smaller the undertaking the more difficult it is to solve these problems. Frequently also the reduction of hours of work might compel an employer in a small undertaking to engage additional staff without having sufficient work to provide full-time employment for them. For these reasons the national Jaws either make provision for excluding such undertakings, or permit them to work longer hours, or adopt more elastic regulations concerning extensions of hours. 1 1 International Labour Conference, 24th Session, Geneva, 1938, Report V: Generalisation of the Reduction of Hours of Work. General Introduction. Part I: Industry, Commerce and Offices (I.L.O., Geneva, 1938). 56 LABOUR PROBLEMS IN TURKEY In view of the above considerations, it is suggested that the Turkish Government might consider the possibility of amending the provisions of the Labour Code on the following lines: (1) Extension to all undertakings, regardless of size, of provisions which can be enforced without the intervention of a highly efficient inspectorate, and particularly provisions whose enforcement workers might reasonably be expected to secure for themselves through legal action (especially if labour courts are set up) ; (2) In respect of provisions which can only be satisfactorily enforced through regular and efficient inspection, substitution, for the present limit of 10 workers, of a lower limit (four to six workers other than members of the employer's own family) ; (3) Introduction of the criterion of use of power-driven machinery, either in combination with the criterion of numbers employed or as an alternative to it. The introduction of the last-named criterion (use of powerdriven machinery) seems to be particularly appropriate in the case of Turkey, seeing that there appear to exist a very considerable number of small undertakings, especially in the textile industries, using modern power-driven machinery, which at present escape from the scope of the Labour Code, and whose competition, thus favoured by the law, is particularly resented by the larger undertakings. There are also in Turkey a large number of handicraft undertakings. The adequate supervision and inspection of such undertakings is always a matter of considerable difficulty. The steps that are at present contemplated for the organisation of handicraft undertakings may offer a possibility of improving conditions of employment in them without any direct application of labour legislation. Once such undertakings are satisfactorily organised, and permanent bodies representing them are constituted, it should be possible for the labour authorities to establish regular contact with their representatives, and so to carry on a useful and effective educational campaign, the aim of which would be to convince all those concerned of the economic inefficiency of bad and obsolete methods and conditions of work, and at the same time to provide them with up-to-date information concerning modern and efficient methods and equipment. CONDITIONS OF WORK AND EMPLOYMENT Middlemen (Contractors, Subcontractors, 57 etc.) Article 1 of the Turkish Labour Code lays down that " even if employees have not been engaged by the employer or his representative, but through a third party, and have entered into a contract with the said party, the employer shall nevertheless be liable for the carrying out of the terms of the contract ". This text appears to lack clarity, and its interpretation is in fact giving rise to difficulties. It is proposed in the Bill at present under consideration for the amendment of the Labour Code to substitute for the words " the employer shall nevertheless be liable for the carrying out of the terms of the contract " the words " the latter shall be jointly and inseparably responsible with the employe_r himself ". This amended drafting may help to overcome the difficulties which have been encountered in interpreting the wording of the original Act. Before adopting it definitively, however, the Turkish Government may find it useful to study the two following texts, taken from the Venezuelan and Guatemalan Labour Codes: Venezuela. " Middleman " (intermediario) shall mean any person who contracts for the services of one or more persons for the performance of any work on account of an employer; the latter shall be bound by the act of the middleman, provided that he has expressly authorised the middleman to perform it or that he receives the work which was performed. Persons who contract, or bodies corporate which contract, to carry out work with their own means shall not be deemed to be middlemen, but employers; and in such a case whoever employs the services of these persons or bodies corporate shall be conjointly responsible for the fulfilment of the duties imposed by this Act, provided that the work contracted for pertains to, or is connected with, the activity normally carried on by the person to whom the service was rendered. Guatemala. The expression " middleman " (intermediario) means any person or body corporate (including a body corporate in public law) who or which engages in his or its name the service of one or more employees for the performance of any work on behalf of an employer. The latter shall have joint and several liability for the conduct of the intermediary in relation to the employee or employees, as regards the legal effects deriving from the Constitution, this Code and the regulations thereunder, and the provisions relating to social welfare. Where a person or body undertakes work under contract which is carried out by using his or its own capital resources, the said person or body shall be an employer and not an intermediary. Employees in Public Undertakings For the purposes of the definition of the term " industries " the Turkish Labour Code makes no distinction between public 58 LABOUR PROBLEMS IN TURKEY and private undertakings. down that— However, Article 5 of the Act lays This Act shall not apply to officials and salaried employees in receipt of a salary or other remuneration borne on the general State estimates or the supplementary or special estimates or on the estimates of a commune. In undertakings operated directly by means of sums voted in the general State estimates or the supplementary or special estimates or in the estimates of a commune, or indirectly by means of a grant-in-aid, this Act shall not apply to the officials and salaried employees in receipt of a salary or other remuneration who perform duties of management. Nevertheless, the provisions respecting liability which are relevant to their situation as representatives of the employer shall apply to them. The Bill at present under consideration for the amendment of the Labour Code contains the following amended drafting: This Act shall not apply to officials and salaried employees in receipt of a salary or other remuneration borne on the general State estimates or the supplementary or special estimates or on the estimates of a commune. Nevertheless, the provisions respecting liability which are relevant to their situation as representatives of the employer shall apply to them; and the provisions of this Act shall likewise apply to salaried employees employed in undertakings carried on by the official bodies which the estimates referred to above concern, under the same conditions as those laid down in regard to private undertakings. The text of the Bill on this point (if the above translation correctly renders its sense) is not altogether clear. There appears, in fact, to be a contradiction between the first sentence and the second part of the second sentence. It is therefore suggested t h a t the Government should reconsider the text with a view to elaborating a drafting which will make it quite clear t h a t persons employed in publicly owned and publicly managed undertakings of an industrial character shall be covered by the provisions of the Act in the same manner and to the same extent as persons employed in private industrial undertakings. (The majority of modern labour codes contain provisions to this effect.) Application of Labour Legislation to Workers Employed Benevolent and Non-Profit-Making Undertakings by The question has arisen in Turkey whether the scope of general labour legislation should be considered to cover workers employed b y benevolent and non-profit-making undertakings. The tendency of modern labour codes is undoubtedly to include within their scope all wage earners, the essential idea underlying them being t h a t of performing work or services for another person. CONDITIONS OF WORK AND EMPLOYMENT 59 The report quoted above 1 of the International Labour Office on the generalisation of the reduction of hours of work in industry, commerce and offices supplies the following relevant information, valid for the date at which the report was prepared: In the following countries non-profit-making enterprises are expressly covered by the hours regulations: In Argentina any public or private undertaking, even if it is not carried on for profit, is covered. In Belgium the Act of 1921 (48-hour régime) does not require that the enterprises to be covered shall be profit-making. The criterion used is that of the civil or commercial object of the work. It also specifically covers public or private establishments of vocational instruction or charity, such, for example, as schools of apprenticeship, provided that the manufacturing or other work done in them is likely to enter commercial channels. The Eight-Hour Act of Finland covers both profit and non-profitmaking enterprises. In Germany both salaried and wage earning employees in establishments of the Reich, States and communes, whether or not operating for profit, are covered by the legislation. In the Swiss canton of Basle Town all employment is covered. Likewise in Czechoslovakia. France, Hungary, Italy, and Poland, both profit and non-profit-making enterprises are covered by hours regulations. In two countries, Cuba and the Netherlands, although no specific mention is made of non-profit-making enterprises, the broad nature of the law in each case renders it likely that they are covered. The following provisions of the Brazilian Labour Code illustrate the same tendency: The following shall be considered as employers, exclusively from the point of view of employment relationships: the liberal professions, benevolent institutions, recreational associations and other institutions of a non-profit-making character, which take on workers in the capacity of employees. It would therefore appear to be a retrograde step to exclude workers employed by benevolent or non-profit-making institutions from the scope of general labour legislation, simply on account of the nature of the aim pursued by such institutions. Industrial Home Work Turkish labour legislation does not as present apply to industrial home work; and the extension of regulations to such work is admittedly extremely difficult, even in the most advanced and best organised industrial countries. Nevertheless, various impor1 5 See p. 55. 60 LABOUR PROBLEMS IN TURKEY tant steps have been taken in a number of countries for the regulation of home work and the protection of home workers; and as this form of work would appear to exist in Turkey on a fairly considerable scale, it seems advisable to supply some indications as to the attempts that have been made to deal with the problem. A report recently published by the International Labour Officex states : Industrial home work has for some time presented a number of special problems. Home workers perform their jobs under poorer conditions and receive lower wages than the great majority of wage earners. The improvised workshops in which they operate often endanger the health and safety of the workers and their families. Young children are often required to help with the work, which must often be completed at short notice, and they are particularly likely to suffer from the dangers of the system. In general, industrial home work is one of the least regulated, least supervised and most hazardous systems of industrial production. Industrial home work is commonly defined as a system of production under which work is carried on for an employer by an employee who works alone, or with one or two assistants, at a place of his own choosing (often his own home), upon materials which may or may not be furnished by the employer.2 Thus it differs from regular factory production in several important respects, principally in that it is a decentralised form of production, in which there is ordinarily very little supervision or regulation of methods of work. Industrial home work also differs from the handicrafts in that it is not a definitely independent form of production. Because home work has always been a decentralised and unsupervised system of production, there is a dearth of accurate and comprehensive information available on the way it works in the various countries in which it is practised. It is far more difficult for factory inspectors to observe conditions of work among individual home workers than to investigate a factory, and this fact alone has kept many Governments from attempting to regulate home work in the same way or to the same extent as other industrial production. Inspection is made difficult by the fact that the workers are scattered, and the inspector must visit the different workplaces, the places from which work materials are distributed, and the office in which the employer keeps his records. In general, the records and statistics of labour ministries concerning home work are not so accurate as those concerning factory work. In addition to these difficulties, two other factors tend to make inspection and close regulation of home work difficult. Firstly, employers frequently make use of the home work system in order to lower costs of production. Since they are often attracted by the availability of cheap labour under the system, many employers violate the registration provisions in order to avoid whatever industrial home work regulations 1 See " Industrial Home Work ", in the International Labour Review, Vol.2 LVIII, No. 6, Dec. 1948, pp. 735-751. Industrial home workers probably supply their own materials to a large extent in the East, and they do so in certain reported cases in the West. Cf. Dorothy SELLS: British Wages Boards: A Study in Industrial Democracy (Washington, D.C., 1939), p. 198. CONDITIONS OF WORK AND EMPLOYMENT 61 they might be expected to comply with. Secondly, industrial home workers themselves often neglect to comply with registration provisions or to keep accurate records. The chief reason for this is that industrial home work is, in many cases, performed by a person who wishes to contribute to an insufficient family income while remaining at home. Workers will at times assist an employer to falsify or to keep inaccurate records in order to receive even an inadequate rate of compensation. . . . Industrial home work is carried on under one of two different operational systems or, very frequently, by a combination of the two. The materials to be worked may be distributed to the workers by the employer himself from a workroom on the employer's premises or they may be sent directly to the employee's home. Alternatively, the home work system may operate through a middleman or contractor. Under this arrangement, the employer farms out some of the work to the middleman, who then hires the actual workers himself and distributes the materials to them. In some cases the home worker may supply the materials himself. . . . The majority of Governments which have attempted to control industrial home work have established a statutory minimum wage, and many of them have set up boards to determine the wages for various industries. In some cases boards are established from time to time to examine conditions in a particular industry; in other cases there is a permanent national board having jurisdiction over home work in all industries. These boards are in some instances given authority to set the minimum wages for the industry in question, and in others are given the authority to make recommendations to the competent Minister or legislative body. . . . The employers and workers concerned are usually represented on such boards. Hours of work are obviously extremely difficult to regulate in the case of home workers. The best t h a t can be done is probably in most cases to fix rates of remuneration on the basis of the amount of work t h a t can be performed by an average worker in a normal working day and week (e.g., eight hours and 48 hours). In order to facilitate supervision, a number of Governments require individual wages books and employers' records to be accurately kept. On this subject the report observes: It is possible for the representative of an inspection department to check documentary material such as this, while it is almost impossible for an inspector to make a thorough inspection of the many and various workplaces at a particular shift time. It is also true that an inspection division will obtain more accurate information concerning industrial home workers and their workplaces by requiring employers to keep appropriate records than by attempting to discover workers in their home by the spot check method. It is generally required that the registers to be kept by an employer of home workers should contain the names and addresses of the home workers employed, together with the same information t h a t the employees are supposed to enter in their wages books. 62 LABOUR PROBLEMS IN TURKEY A few countries (Belgium, France, the United Kingdom and certain Swiss cantons) include home workers within the scope of various social security provisions. A number of countries (Belgium, France, Sweden and the United Kingdom) have extended legislation on holidays with pay to industrial home workers. Concerning the enforcement of legislation, the report states: The enforcement of industrial home work legislation, quite obviously, requires that an adequate inspection force be provided and that it be vested with authority to examine workplaces and important records. The question of health and safety in the workplaces of home workers is variously regarded in national legislation as falling within the scope either of general public health regulations or of legislation applying more specifically to factories and workshops. In countries where the former view prevails, inspection for compliance with basic sanitary and health requirements is in many cases left to local public health officials. It appears to be almost impossible, however, to establish an inspectorate capable of inspecting in an adequate fashion all the places in which home work is carried on. All the countries which have provided a minimum wage for home workers have, at the same time, required that the appropriate inspection official shall have access to the employer's records. The legislation of some countries does not make it clear whether this access to records is to be extended to include access to the actual workplaces and to the workers' wages books. On the other hand, certain legislations do specify that the inspection authorities shall have free access both to premises where work is delivered and received, and to workplaces and rooms where home work is actually done. It is suggested that the Turkish Government should consider whether industrial home work does not exist in Turkey on a sufficient scale, and does not give rise to problems of sufficient gravity, to justify them in adopting some of the methods of regulation which have been successfully applied in other countries. Domestic Service It would appear that in Turkey, as in many other countries, domestic service is predominantly a female occupation, and also that, as in other countries, problems are now arising in connection with it that are causing embarrassment and that call urgently for a solution. Domestic service was one of the subjects discussed by the International Labour Organisation's Committee on Women's Work, CONDITIONS OF WORK AND EMPLOYMENT 63 which met in Montreal during July 1946. The Committee's report contains the following passages which appear to deserve special quotation. Measures for Raising the Level of a Low-Standard Occupation. After an extensive discussion of the problem of the low-standard and traditionally female occupations, it was agreed that domestic service was the least well organised, oldest and most widespread of these occupations; it was therefore discussed in detail as an example of a low-standard occupation which called for immediate consideration. In the slightly industrialised countries it absorbs numerically the majority of female workers and in some of the more highly developed industrial countries it is still, numerically, the leading occupation for women. Thus, the problem of conditions of work in domestic service is a most important problem in that it directly affects large numbers of working women. There was also general agreement that domestic service in the household was by its nature one of the most socially important of all occupations. Since, however, a widespread scarcity of domestic workers has arisen in many countries, it has become apparent that it is necessary to improve the standards of work, remuneration and skill of the workers in this field. Standards of employment and of skill must be lifted to be comparable to those in well organised lines of work. Conditions of work. Living conditions, leisure time and holidays with pay should be defined. Clear definitions of duties, either by means of a written contract as provided for in some countries, or by other means of defining the work, should be developed in all countries. Social security is as necessary to these workers as to others ; whatever administrative adaptation may be necessary, social insurance schemes as they exist in each country (including accident, old-age and survivors', invalidity, health and maternity insurance) should be extended to cover domestic workers. Unemployment insurance may also be desirable to give stability to the occupation and to provide the worker with opportunity for selecting a position in accordance with established standards of suitable employment. The experts would like to suggest that the question of the status of domestic workers be placed on the agenda of the Conference at a forthcoming session in order to determine by a Recommendation minimum standards which would protect domestic workers. Social home aide service. With the reduction of available personnel during the war, there was organised in several countries, under public authority, a wide range of home aide services to meet the special needs of emergency circumstances and special problems such as arise in the home from illness of the mother and housewife, the care of the aged or young children. The development under public authority on a permanent and expanded basis of such social home aide services, comparable to public health nursing, seemed to all members of the Committee useful to both urban and rural communities, and a means for providing standards, status, and promotion opportunities to domestic workers. The experts decided to suggest to the International Labour Office that it undertake a study of the legislation and institutions providing for home aides as a basis for possible action. 64 LABOUR PROBLEMS IN TURKEY The introduction of mechanical processes and electric power into •homes is bringing into domestic employment the possibility of standards comparable to those of industrial occupations. Regulation heretofore suitable only to industrial work may, therefore, become adaptable to domestic employment. In addition, it is apparent that this new development calls for vocational training to provide the worker with adequate skills. In connection with the discussion of training, it was pointed out that in this industry it is possible to get employment without any training whatsoever. The absence of vocational training among the majority of domestic workers is due less to lack of training facilities than to the failure of the occupation to attract capable women willing to undertake a course of study which would equip them for careers in it. There was agreement among the experts that the status of the occupation must be improved in conjunction with the furtherance of systematic vocational training. It is, of course, extremely difficult to regulate conditions of employment for domestic workers by legislation, particularly owing to the practical impossibility of securing enforcement through inspection. On the other hand, considerable progress has been realised in a number of countries through the introduction of model contracts of employment for domestic workers, especially in Switzerland. A further recent development which has made an effective contribution towards the solution of a number of problems that arise in connection with domestic service at the present time is the institution of systems of vocational training for domestic service. Such measures have been adopted in particular in Denmark, New Zealand, Sweden, Switzerland and the United Kingdom. In the last-named country a " National Institute of House Workers " has been organised. It has now been in operation for some two years, and is already beginning to show useful results. It is suggested that if the Turkish Government feels that the time has come to consider the introduction of a special system of training for domestic workers it should obtain through appropriate channels full information on the activities of this Institute. Industrial and Agricultural Labour The Turkish Labour Code specifically does not apply to agriculture; and as no legislation at present exists concerning agricultural labour, it may be of considerable importance to particular groups of workers whether the undertaking in which they are employed is classified as agricultural or industrial. No clear line of demarcation appears so far to have been laid down. CONDITIONS OF WORK AND EMPLOYMENT 65 In other countries it may be said that industrial labour legislation normally applies to all undertakings in which work of an industrial character is carried on, including undertakings in which agricultural produce is processed or adapted for sale, the scope of the term " agricultural work " being limited to operations directly connected with the cultivation of the soil, animal husbandry, and silviculture. Article 3 of the Turkish Labour Code lays down that " industries in which raw materials . . . are manufactured, cleaned, altered, ornamented or prepared for sale " are deemed to be industries for the purposes of the Act. This drafting is somewhat less comprehensive (and therefore perhaps more calculated to give rise to doubt in particular cases) than that employed in various international labour Conventions and in various national laws. Thus, the various Conventions of 1919 concerning employment in " industrial undertakings " define that term as including particularly " industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed ". The British Factories Act of 19371 defines the expression " factory " as meaning— any premises in which . . . persons are employed in manual labour in any process for or incidental to any of the following purposes, namely— (a) the making of any article or of part of any article; or (b) the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article; or (c) the adapting for sale of any article; being premises in which . . . the work is carried on by way of trade or for purposes of gain and to and over which the employer of the persons employed therein has the right of access or control. The British Act also lays down specifically that the term applies to open-air operations of the kind described above. It may also be worth while to quote Article 2 (g) of the Indian Factories Act, 19462, which lays down that the term " manufacturing process " means, inter alia, " any process for making, altering, repairing, ornamenting, finishing, or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery, or disposal ". 1 L.S., " L.S., 1937—G.B. 2. 1946—Ind. 1. 66 LABOUR PROBLEMS IN TURKEY It is suggested that the Turkish Government might consider the texts quoted above with a view to devising a definition of " industries " which will eliminate some at least of the difficulties encountered in drawing a line of demarcation between industrial and agricultural work. Loading and Unloading of Ships The Turkish Labour Code specifically applies to " the loading, unloading and handling of goods at railway stations, warehouses, quays and harbours "; but some doubt appears to have arisen as to whether seamen are covered by the Act in cases where they happen to be employed on work of this kind. The question is of special importance inasmuch as no legislation at present exists for the regulation of work at sea. In most maritime countries the work of seamen is the subject of special and detailed regulations, with the result that the seaman is protected whatever work he may happen to be performing at a given moment. In fact, seamen are usually covered by maritime legislation rather than industrial labour law even when they are working in port. In Turkey, pending the adoption of special legislation for the protection of seamen (which, it is to be hoped, will not be long delayed), it would seem entirely reasonable to interpret the above-quoted provision of the Labour Code as covering seamen when they happen to be employed in the loading or unloading of ships. CHAPTER IV SOCIAL SECURITY Introduction On the whole, Turkey's social security problems resemble those of other countries. Workers and members of their families are exposed to industrial and general risks—sickness, accident, unemployment, invalidity, old age and death—which involve the total or almost total loss of earnings; each individual naturally wishes to be protected against these risks and to have some guarantee that he will not become destitute if any one of them should materialise. Save in the case of a small sector of the population, individual savings are not sufficient to provide this guarantee, particularly against serious misfortune such as may cause loss of earnings for a long period or even for life. A satisfactory escape from the dilemma of social insecurity will therefore only be found when every or almost every member of the population can rely on having a sufficient livelihood if he should lose the product of his labour for reasons outside his control, as well as effective protection for his working capacity and particularly for his health. Of course such an objective cannot be reached immediately. None of the more or less complete social security systems now in operation were established in a day; almost all are products of long development and had a relatively modest start. A comprehensive social security system has profound effects on the whole of national life, its economic repercussions being particularly marked. All these aspects of the question require thorough study, so that the introduction of a social security system by stages is a rational, not to say a necessary, course. The stages themselves, and the intervals between them, will depend both on the relative urgency of the social needs to be met, and on economic possibilities, and political and psychological considerations will as a rule also play their part. It must be borne in mind, however, that any 68 LABOUR PROBLEMS IN TURKEY measure of limited scope is properly a step towards the wider objective, and should at least not be an obstacle to its final achievement. The efforts of the Turkish Government in the field of social security have been concentrated on action of this gradual kind—a course fully justified in the light of the above general considerations ; and its intention to maintain this line of approach and to aim at attacking the various problems in succession, according as the over-all situation permits, cannot but be approved. Only measures which have been thoroughly pondered and well prepared can be effectively applied; and in the whole field of social politics, and particularly in that of social security, it must be remembered that legislation alone is not a panacea for all ills, and that the manner of implementation largely determines its success or failure. Although the greater part of the population of Turkey is agricultural, the first steps in social security were for the benefit of industrial workers. This need cause no astonishment, since the industrialisation drive of the last few decades cannot be successful unless the situation created by the flow of labour from agriculture to industry is duly taken into account. It was, therefore, and still is necessary to provide as soon as possible sufficient protection for industrial workers against the possible loss of earnings. Nor is it a coincidence that under the first labour Act issued after the first world war—the Act relating to employment in the mines of the Eregli region—a mutual aid fund for workers so employed was established in 1924, and is now the senior social insurance institution in Turkey. But the limited resources allotted to this fund have not enabled sufficient benefits to be provided. Before the second world war, several special Acts were introduced establishing sickness, accident and old-age insurance funds for certain groups of workers. These were— (i) the Act (No. 2,454) respecting officials, salaried personnel and workers of the State railways and docks, dated 29 May 1934 (amended by Acts Nos. 2,904 and 4,001); (ii) the Act (No. 2,921) respecting officials and established salaried personnel of the State monopolies, dated 20 March 1936; (iii) the Act (No. 3,137) respecting officials, salaried personnel and workers of the State shipping administration, naval ordnance factories and dockyards, dated 22 February 1937; SOCIAL SECURITY 69 (iv) the Act (No. 3,575) respecting officials, salaried personnel and workers of military ordnance factories, dated 30 January 1939. These Acts cover part of the workers only. The employees of other public and private industrial establishments were protected for the first time, to a certain extent, by the Public Health Act (No. 1,593) dated 24 April 1930, and the Labour Code (Act No. 3,008) dated 8 June 1936. The Public Health Act requires undertakings regularly employing a personnel of not less than 50 to provide medical care free of charge; in large undertakings, and also in the case of dangerous work, a doctor must constantly be available at or near the workplace. Undertakings employing not less than 100 workers must install an infirmary and those employing not less than 500 a hospital. The Public Health Act also prohibits the employment of women during a period of three weeks before and three weeks after confinement. The Labour Code introduced other forms of protection for employed persons, including the employers' obligation to pay half wages during sickness or maternity leave. It also stated the Government's intention to make provision for benefits in case of industrial accident, occupational disease, maternity, old age, sickness or death, by means of a workers' insurance scheme to operate as a public institution. The Labour Code laid down a number of principles to govern this insurance: it was to be compulsory, employees becoming automatically subject to it on engagement; all employees of establishments covered by the Labour Code were to be subject to the insurance—i.e., not only manual but also " intellectual " workers, although these are exempt from application of the Code's provisions. According to Article 107 of the Labour Code, the Act introducing insurance against industrial accidents, occupational diseases and maternity was to be introduced in the National Assembly by the Government within six months of the entry into force of the Code; Acts relating to the other branches of insurance would be introduced as soon as the establishment of the schemes in question appeared possible. However, it was not until some years later (27 June 1945) that Act No. 4,772 introducing insurance against industrial accidents, occupational diseases and maternity was actually issued; it came into force on 1 July 1946. The insuring body, entitled " Workers' Insurance Institution " (I.S.K.), was established by Act No. 4,792 of 16 July 1945. After it had been in operation a few months, Act No. 4,772 70 LABOUR PROBLEMS IN TURKEY was amended by Act No. 5,019 of 20 February 1947, but only in minor respects. While the Mission was in Turkey the Government introduced a Bill concerning old-age insurance.1 At the same time the Ministry of Labour prepared a Bill on sickness and maternity insurance. These three branches of social insurance have been examined in some detail in the present report. Before proceeding to an analysis of these schemes, it will be advisable to draw attention to a special problem arising out of the social structure of Turkey. About 80 per cent, of the active population of the country are engaged in agriculture, and most of these are independent farmers. According to the general census of 1935, the number of agricultural labourers is not more than 20 per cent, of the population actively engaged in agriculture; but this number nevertheless greatly exceeds that of all other employed persons. In Turkey, as in other countries, the standard of life of the agricultural population is lower than that of industrial workers, and the need for social security is consequently no smaller in agriculture than in industry. It is, however, harder to establish a social security scheme for persons engaged in agriculture than for industrial workers, at least at present; and though it may be expected that an extension of social insurance, as regards both the risks covered and the groups of workers compulsorily insured, will enable a satisfactory standard of social security to be introduced for workers in industry, mining, commerce, transport, etc., such insurance schemes cannot be applied to the rural population, or not without considerable modification. It is impossible, within the limits of the present report, to describe in detail the obstacles to providing social security for agricultural workers and the means of dealing with them; and in any case these problems have been handled in other publications of the I.L.O.2 It must suffice to say that the resolution concerning social security adopted by the Regional Meeting for the Near and Middle East 1 An Act (No. 5,417) based on this Bill but including several amendments was subsequently adopted by the Grand National Assembly (fíesmí Gazete, 2 June 1949). t h e amendments introduced take into account a number of suggestions made in the present report which were put to the competent authorities by members of the Mission when they were in Ankara. The text of the Act was not received by the Mission until after the drafting of the present report, but the remarks made here still hold good. 2 Preparatory Asian Regional Conference of the International Labour Organisation, New Delhi, 1947, Report I: Problems of Social Security (I.L.O., New Delhi, 1947); and Fourth Conference ofNAmerican States Members of the International Labour Organisation, Montevideo, April 1949, Report I I I : Conditions of Employment of Agricultural Workers (I.L.O., Geneva, 1949) SOCIAL SECURITY 71 (Istanbul, November 1947) contains recommendations which are fully applicable to the problems of social security in Turkish agriculture ; and that the recommendation concerning medical care is particularly important. Turkey already has a public health service under the Ministry of Health and Social Welfare; this service should be strengthened, and extension of the health equipment programme should be accelerated to the maximum. The Mission realises the numerous difficulties of all kinds which must be overcome; indeed the vast regions where access is difficult, the deficiencies in communications, the shortage of doctors and still more of auxiliary medical personnel (nurses, midwives, etc.), the concentration of doctors in the big cities, the lack of hospitals and sanatoria, and last but not least the financial difficulties—these are obstacles which cannot be overcome in a day. But public health is an essential element in economic progress, and every success in this field is of special importance. Among the most recent steps taken, mention should be made of the Act respecting measures against tuberculosis, dated 11 April 1949, the adoption of which shows that the competent authorities in Turkey recognise the need for improving public health. Another factor which should be borne in mind is the big flow of labour between industry and agriculture. Large numbers of those who work in industry are not settled in the cities, but come in from the rural areas and take employment in factories on a more or less regular footing. Thus, occupationally speaking, they are shared by industry and agriculture. Social insurance institutions for industrial workers are obliged to protect this intermittent personnel ; but as the cost of doing so is borne entirely by the sector of economy immediately concerned—i.e., by industry—the question of limiting the level and duration of benefit must arise in their regard. Hitherto, insurance having been practically restricted to occupational risks, when an insured person left the insured employment the risk automatically ceased and the insurance lapsed. The position in respect of the other two branches (pension and sickness insurance) is different—cessation of employment cannot involve immediate extinction of the rights in course of acquisition. The principle here should be that the insurance scheme shall provide uninterrupted protection to those persons who work in industry only, but who for some reason are not employed at all at certain periods; and that at least an equal level of protection shall be granted to workers who share their time between industry and agriculture. A rational solution of this problem, one which is 72 LABOUR PROBLEMS IN TURKEY equitable from the individual's point of view and at the same time acceptable on grounds of economic expediency, will have to be found in the course of defining the principles of the new social insurance schemes. The general wage level being relatively low, a need for comprehensive protection against all risks is the more keenly felt. But the method of direct financing by the branch of economy concerned —inevitable at present owing to the general economic situation and budgetary difficulties—places very strict limits on any action taken, however desirable this may be in itself. It is therefore most important that all available resources be concentrated on the most urgent forms of benefit, those whose immediate utility is greatest. The decision to introduce an old-age pension scheme before sickness insurance gives rise to some apprehension in this regard. The Mission considers that the most urgent problem is to provide effective protection for the health of the workers, since (outside the big undertakings, particularly those of the State, where plant medical services now reach a high standard) industrial workers and their families receive neither adequate medical attendance nor the other facilities which their state of health requires. In view of the outstanding importance of the health of the workers as a factor in production, the Mission regards the establishment of sickness insurance, with efficient medical services, as of the first importance. It is understood that the introduction of sickness insurance, and particularly the satisfactory organisation of services responsible for provision of medical care, must be prepared most thoroughly, and that this requires time. But it cannot be recommended too strongly that the introduction of pension insurance in the near future should not be alleged as a reason for postponing sickness insurance; on the contrary, the machinery of an existing pension scheme, and more particularly the investment of its accumulated funds, should be used to shorten the period otherwise required for the preparation of efficient sickness insurance, and particularly of efficient medical services, for all workers. Industrial Accidents, Occupational Diseases and Maternity Insurance This branch of insurance came into operation on 1 July 1946. Previously, persons injured in industrial accidents could only base their claim for compensation on Article 328 of the Code of Obligations, and the protection thus accorded was not sufficient. SOCIAL SECURITY 73 The scope of the insurance is defined in Chapter VII of the Labour Code : it covers workers employed in establishments subject to the Code—i.e., in general, all establishments regularly employing at least 10 persons, including non-manual workers. Under Article 83 of Act No. 4,772, workers insured in special schemes * are exempted; but the same Article makes it clear that the benefits payable to such persons may not be less than those due under the general scheme. Thus, workers in small establishments, in agriculture, in shipping and aviation, domestic servants and home workers are not protected against occupational risks. An extension of the scope of the insurance is now under examination by the Minister of Labour, particularly as regards small establishments. The number of insured persons is not exactly known, since the Workers' Insurance Institution has not yet begun to compile its own statistics of membership ; but according to Ministry of Labour statistics 301,299 workers were subject to the provisions of the Labour Code in December 1948. This figure also includes workers insured under special schemes; on the other hand, the general scheme applies to non-manual workers who are not included in the Ministry of Labour statistics. It may thus be estimated that the number of persons insured with the Workers' Insurance Institution is about 300,000. Incidentally, it would be very desirable for the Workers' Insurance Institution to compile its own statistics of insured persons and thus secure the data without which it is impossible to calculate frequency rates, severity rates, etc. Such statistics can be easily compiled, without much additional work, as a by-product of the collection of contributions. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES The definition of "industrial accident" is comprehensive, since an accident is considered to be an industrial accident if it occurs in any of the following circumstances: while the insured person was in the undertaking; as a result of work connected with the business carried on by the employer or his representative ; or while the insured person was engaged in salvaging operations in the undertaking or in operations carried out for the purpose and benefit of the employer. On the other hand, an accident occurring on the way to or from 1 See above, p. 68. 74 LABOUR PROBLEMS IN TURKEY the workplace is not considered as an industrial accident 1 , although it is so classified under many other national schemes. It would be advisable, at an appropriate moment, to examine the possibility of having such accidents included under the term " industrial ". This question is all the more important because many large undertakings themselves transport their workers, particularly those who are obliged to live at some distance from the undertaking because of the housing shortage. An occupational disease is defined in the Act as an acute or chronic disease or invalidity arising either from a cause which occurs repeatedly on account of the nature of the work on which the insured person is employed or from the conditions of employment. Any disease scheduled in No. 34 of the Industrial Health and Safety Regulations is considered to be an occupational disease within the meaning of the Act. This schedule includes not only the diseases specified in the current international labour Convention on the subject 2 , but others also. Furthermore, even diseases not scheduled in these Regulations must be considered as occupational if they come under the general definition given in the Act. Any disputes which may arise as to whether a disease not scheduled is an occupational disease are to be definitively settled by the Superior Health Council. Since no general sickness insurance scheme yet exists, there is a growing tendency towards an extension of the notion " occupational disease " in order to meet the needs of persons suffering from diseases which are in any way connected with the exercise of their occupation. This is no doubt why, according to table XVI of the report of the Workers' Insurance Institution for 1948, the total number (524) of cases of occupational disease includes 288 cases of tuberculosis (55 per cent.), apart from 44 cases of silico-tuberculosis. It would not be in the interest of insured persons to revise the definition of an occupational disease, or its present interpretation, until a sickness insurance scheme has been introduced; but it will be appropriate to reopen this question when such a scheme is in force, and more particularly to examine the advisability of completing the definition of occupational disease by means 1 However, accidents occurring during the regular collective transport of workers to and from a workplace at a distance from their place of residence are considered as occupational accidents under Article 2, subsection I (d), of Act No. 4,772 concerning accident and maternity insurance. 2 Convention No. 42, concerning workmen's compensation for occupational diseases (revised 1934). See Conventions and Recommendations, 1919-1949, op. cit., pp. 289-296. SOCIAL SECURITY 75 of a schedule to the Act. It is not proper for individual cases to be determined by the Superior Health Council, but the new schedule of occupational diseases might well be drawn up in consultation with the Council. Cash Benefit Cash benefit is as a rule determined as a ratio of the daily or annual wage, the latter being placed at 300 times the daily wage, which is itself simply and satisfactorily defined in Article 6 of the Act. In order to simplify administration, however, it would be advisable at an appropriate time to amend paragraph D of Article 6 so that the effective earnings are always taken as a basis, even if the insured person has not done a full month's work before the risk materialises. This could be achieved by dividing total earnings during the period of employment by the number of days; the present paragraph D would then apply only if a worker on piece rates or paid by the job had not received any pay at all when the accident occurred. The minimum and maximum for the daily wage which serves as basis for calculation of benefits are at present 1.5 and 10 Turkish pounds respectively. It would be advisable to introduce the same limits into this scheme as are adopted for pension and sickness insurance. Furthermore, these limits should be applied also to the calculation of contributions, as will be the case under the other two schemes, so as to have identical provisions for all social insurance. Identity in this regard is essential to the avoidance of unnecessary administrative complications. In the case of temporary disablement, daily allowances are payable from the fourth day of incapacity, or from the first day if the duration of the incapacity exceeds 15 days. The maximum benefit period is 52 weeks, but it may be extended by a further 12 weeks on the recommendation of the doctor. The daily allowance for an insured person with dependants (wife or husband, children, relatives in the ascending line, brothers or sisters) is 75 per cent, of wages ; for others it is 50 per cent. In case of treatment in hospital, the above rates are reduced to 50 and 25 per cent. respectively. Since the daily allowance is paid for every day of incapacity, including Sundays, and is nevertheless calculated on the basis of one sixth of weekly earnings, the allowance due to an insured person with dependants, in the case of incapacity exceeding 15 days, equals 87.5 per cent, of the earnings lost; and since wages are subject to taxation, etc., whereas insurance benefit is 6 76 LABOUR PROBLEMS IN TURKEY not so subject, the daily allowance may actually exceed net wages (cash wages only, of course, since wages in kind are not taken into account for insurance purposes). With a gross daily wage of 3 Turkish pounds, the net wage is 2.65 Turkish pounds, or 88 % per cent, of the gross figure, so that there is no appreciable difference between the net wage and the daily allowance. The anomaly will be greater still when the pension and sickness insurance schemes come into force, for the insured person will be liable to pay contributions under these schemes, and net earnings will therefore be reduced. It would appear advisable to correct this situation; the starting date of sickness insurance may be the most appropriate moment for doing so. In the case of permanent total incapacity, the insured person is entitled to a pension equal to 60 per cent, of the annual wage; if his condition requires the constant attendance of another person, the pension is increased by a further 50 per cent. Permanent partial incapacity of not less than 10 per cent, carries with it the right to a pension calculated with regard to the loss of earning capacity and to the pension rate for total incapacity. The pension is replaced by a lump sum, equal to its capital value, if it would be less than 5 Turkish pounds a month, or at the request of the insured person, provided his incapacity does not exceed 50 per cent. If the degree of incapacity is less than 20 per cent., and there is reason to hope that the insured person will recover his working capacity, a capital sum equal to three times the annual pension is paid. In the case of death, a sum of 50 Turkish pounds is paid to the nearest relatives to cover funeral expenses, and surviving dependants are entitled to pensions as follows: widow, 30 per cent, of the annual wage ; widower (provided he is incapable of earning, and was dependent on the insured person), 30 per cent, of the annual wage; children, 15 per cent, of the annual wage, or 25 per cent, in the case of full orphans (payable until the age of 16, or 18 if education is continued, or without limit if incapable of working). The sum of the widow's (or widower's) and children's pensions may not exceed 60 per cent, of the annual wage. Relatives in the ascending line who were dependent on the insured person, and dependent brothers and sisters under the age of 15, are entitled to pensions which may not total more than 30 per cent, of the annual wage if there are no other surviving dependants; if there are others, the total in question may not exceed the difference between the sum of the widow's and children's pensions and 60 per cent, of the annual wage. SOCIAL SECURITY 77 This brief description will suffice to show that cash benefits stand at very much the same level as under the corresponding schemes of other countries. Benefits in Kind Benefits in kind are as follows: medical attendance, provision of medicaments and therapeutical requirements, hospital care, orthopaedic treatment, and the provision and repair of orthopaedic appliances. Insured persons are entitled to medical attendance for the same periods as they are entitled to the daily allowance. The employer is required to provide first aid and to furnish medical treatment until the insurance institution is able to take over (the institution refunds the resulting medical expenses to the employer). In a large undertaking, which has its own medical service, infirmary or hospital in accordance with the Public Health Act, an insured person is as a rule attended by the doctor belonging to this service ; in other undertakings the insured person may choose his own doctor, whose bill is usually paid direct by the employer. Very often the employer also pays the daily allowance, his total outlay being refunded by the insurance institution when the case is closed or—in long-drawn-out cases—when the employer submits vouchers attesting his expenditure. Hitherto, with a few exceptions, the Workers' Insurance Institution has not organised its own medical service, and merely refunds the cost of medical treatment. The present management of the Workers' Insurance Institution realises that this is not a satisfactory situation from the point of view of the insured person, the employer or the Institution itself, for it is in practice unable to check the necessity, quality and efficacy of medical treatment. The Institution has therefore built its own hospital at Istanbul, and is planning the construction of others in various industrial centres. It is also attempting to conclude contracts with doctors in other regions, leaving insured persons free to choose between such doctors. These are first steps only; the introduction of an efficient and economical system of medical care requires time, and must be sufficiently flexible to take account of the particular situation in the various parts of the country and even in the different undertakings. The introduction of sickness insurance will enable more rapid progress and more satisfactory arrangements to be made, since the sickness 78 LABOUR PROBLEMS IN TURKEY insurance medical services will certainly be required to provide medical care for persons suffering from industrial injury. Meanwhile the Institution must do its best to organise its own services, at least in the big industrial centres. It should also employ, at each of its original agencies, one or more medical officers whose duty it would be to ascertain disablement, and to supervise the necessity, quality and efficacy of the medical treatment given by practitioners who have concluded contracts with the Institution or the employer. In this way the nucleus of a medical service can be formed and experience obtained which will be valuable for sickness as well as for accident insurance. It should be added that these medical officers should not do office work only, but should be in direct contact with insured persons and remain available for consultation or for medical examinations in serious, doubtful, suspicious or particularly interesting cases. A start should be made without delay, for the habits and traditions established under accident insurance, both among insured persons and among doctors, will inevitably constitute a precedent for sickness insurance. If, for instance, there is no satisfactory check on incapacity for work, or if the attending doctor is left without appropriate general guidance, there will be very serious obstacles to the efficient operation, not only of accident insurance, but also of the future sickness insurance scheme. Financial Resources The financial resources take the form of contributions paid by employers only. A single subsidy of 300,000 Turkish pounds was made by the State in 1946 to provide the necessary working capital fund. Contributions are determined as a percentage of wages, and are graded in accordance with the degree of risk in each undertaking. According to Decree No. 4,431 of 29 June 1946, amended by Decree No. 8,306 of 18 November 1948, undertakings are to be divided into 10 risk groups, with contribution rates ranging from 0.5 to 5 per cent, of wages. For the first six years of operation of the scheme, contributions within each group are not further graded according to the exact degree of risk; this is a wise decision, because the risk arising in a given establishment cannot be satisfactorily appreciated until the insurance institution has compiled its own statistical data. On the other hand, the present provision prevents changes in the contribution rates such as might encourage employers' efforts to prevent accidents. SOCIAL SECURITY 79 The average rate of contribution is slightly in excess of 2 per cent, of wages, and may be regarded as comparatively high. Apart from the actuarial reserve (i.e., the capital on which pensions are paid) and a reserve fund for pending cases, the Workers' Insurance Institution has after two and a half years of operation accumulated a safety reserve exceeding 10 million Turkish pounds. It is true that part of this amount arises out of surpluses from the maternity branch of the scheme, but the greater part comes from insurance against industrial accidents and occupational diseases. No premature conclusions should be drawn from this position, since experience in other countries shows that the results of the opening period of operation of a new scheme cannot be regarded as representative : applications for benefit are always less frequent in the early years than later, since both insured persons and employers only gradually realise their rights under the insurance and the advantages that can be obtained from it. Nevertheless, there can be no doubt that the financial position of the accident insurance scheme is most satisfactory. As regards the proposed extension of accident insurance to small establishments, it is questionable whether the scheme of grading contributions according to the degree of risk should be adopted for these establishments also. To grade an undertaking for this purpose requires quite considerable administrative work, which will only be justified if a reasonably large sum is involved; but the contributions of small establishments, particularly in the handicrafts, will be relatively small. It might therefore be advisable to introduce the full rate of contribution for all small establishments. In order to exert pressure on employers who do not take appropriate action to prevent accidents, recourse might be had to paragraph 1 of Article 41 of the Act, under which the contribution may be increased. At the beginning of each financial year, the employer is required to pay a " provisional " contribution for that year, based on total wages paid for the preceding year or—in the case of newly established undertakings—on the probable future total. At the end of the year, the " definitive " contribution is calculated on the basis of the monthly wage statements and returns which the employer is required to make. Both the provisional and the definitive contributions must be paid within one month of receipt of a notice in writing from the Institution indicating the amount. If the contribution is not paid in due time, it may be increased by 10 per cent., and the employer is also required to pay 5 per cent, per annum interest. 80 LABOUR PROBLEMS IN TURKEY This system of collecting contributions seriously embarrasses employers, who have to settle, in a single payment in advance, contributions due for a whole year, and often amounting to very large sums. Evidently this state of affairs will grow worse when pension and sickness insurance schemes come into operation. If it is desired to retain a single contribution for all social insurance —and such unity is indispensable to rational administration—the present system will have to be abolished and replaced by payment of a contribution every month, or every two or three months for small establishments. On the other hand, employers must be obliged to pay their contributions at the end of each period without requiring the Institution to send them a prior notice in writing. Such changes will involve also a reform in the system of collecting contributions; and it would be wise to introduce this reform as soon as possible—for instance, as from 1 January 1950. Accident Prevention and Rehabilitation of the Disabled With regard to accident insurance, two questions which cannot be passed over in silence are accident prevention and the readaptation of disabled persons. Prevention is as important in accident insurance as preventive medicine is in sickness insurance. The prevention of accidents falls within the scope of industrial safety services, and is dealt with in Chapter V of the present report. It will therefore suffice at this point to stress the value of close co-operation between the administration of accident insurance and the industrial safety service, and to mention, as an instance, the advisability of modifying the procedure for enquiries into accidents which is laid down in Article 60 of the Act : the enquiry should be separate from any judicial or police investigation, and should be supplemented by an examination of the causes of the accident from the prevention point of view. Rehabilitation of disabled persons is particularly important in Turkey, owing to the shortage of skilled workers. The accident insurance scheme should therefore take over the rehabilitation of the disabled, and their retraining in appropriate cases. Experience obtained in other countries is most encouraging in this regard; and although certain differences, particularly of a psychological character, should not be left out of account, it would be most desirable to give this question thorough study. The opening of the Workers' Insurance Institution hospital at Istanbul provides an opportunity for trying out rehabilitation within this new service. SOCIAL SECURITY 81 MATERNITY The provisions concerning maternity protection originally contained in the Public Health Act and the Labour Code have been replaced by more satisfactory arrangements made within the framework of social insurance. From the outset the protection given to maternity under this latter scheme has not been restricted to women workers, but has applied also to the wives of insured men. In order to be entitled to maternity benefit, an insured woman must have worked, in one or more of the establishments subject to the Labour Code, for not less than three months during the six months preceding the date at which the pregnancy allowance begins to be payable (three to six weeks before confinement) ; in the case of wives of insured men, the husband must have worked in one or more of the establishments subject to the Labour Code for not less than six months during the 12 months preceding confinement. The benefits payable to insured women and wives of insured men are a confinement benefit of 50 Turkish pounds and a pregnancy benefit of 10 Turkish pounds. If the confinement gives rise to disease, the Insurance Institution refunds the cost of medical attendance on the basis of vouchers endorsed by the medical officer of the public health service. Instead of confinement benefit or refund of post-natal medical expenditure, the woman may be placed in a maternity home and receive benefits in kind ; however, advantage has not so far been taken of this provision. In order to ensure that an expectant mother consults a doctor or midwife during pregnancy, she is required to submit an application for pregnancy benefit in advance, accompanied by a doctor's or midwife's'certificate; but in most cases this is a pure formality, and any real pre-natal consultation is but seldom obtained. An insured woman is entitled to a daily allowance, equal to 70 per cent, of her wages, for a period of not less than three or more than six weeks before and after confinement, according to her medical certificate, provided she neither works nor receives wages. In case of abortion, if it is not deemed an offence, she is entitled to the same daily allowance during incapacity for work, but not for more than six weeks. A nursing allowance of 60 Turkish pounds is also allowed in all cases where the child is alive, whether or not the mother nurses it herself. 82 LABOUR PROBLEMS IN TURKEY Contributions to the maternity branch of the scheme are equal to 1 per cent, of wages, and are paid by the employer. Hitherto, this rate of contribution has been sufficient to meet all expenses and to enable payments to be made into the safety reserve fund mentioned in connection with accident insurance. The method of collection and all the provisions relating thereto are the same as for accident insurance contributions. It will be seen from the above description t h a t maternity insurance is in practice restricted to the payment of cash benefits. Although the importance of medical attendance and pre-natal and post-natal consultation is generally recognised, the Workers' Insurance Institution has not yet made any noticeable progress in this field. A small maternity department is in operation at its hospital at Istanbul, but women are not obliged to have recourse to it, and there is a hospital charge of 7 Turkish pounds per day for those who use it. The introduction of a sickness insurance scheme better equipped for the purpose will mark a fresh stage in the process of improving and extending care for mothers and nursing children. Nevertheless, the transitional period should not be allowed to pass without an effort to raise the standard wherever possible. Construction of dispensaries and maternity homes, at least in the big centres, should be undertaken without delay. The necessary resources might be drawn from the safety reserve fund, perhaps in the form of loans to be repaid from an annual charge on the maternity branch of the scheme. Pension Insurance CATEGORIES OF B E N E F I T S The Bill concerning old-age insurance placed before the Grand National Assembly provides for two categories of pensions: oldage pensions at the age of 60 or 65 years, and widows' pensions in the case of the decease of the beneficiary of the old-age pension. The Bill also provides for the reimbursement of contributions in the case of decease or invalidity, if these risks are realised before the date of award of the old-age pension; the reimbursement of contributions is compulsory also in the case of the marriage of an insured woman who leaves her employment after marriage. The Bill further stipulates that there shall be an indemnity of a lump sum of 50 Turkish pounds in the case of decease. SOCIAL SECURITY 83 Although, for financial reasons, the possibilities of increasing categories of benefits are limited, it would seem useful to examine the Bill particularly from the point of view of the possibility of better immediate coverage of the risks of invalidity and death. The introduction of invalidity pensions presents certain difficulties arising out of the fact that pension insurance is to come into force before sickness insurance. It would, therefore, be very difficult to establish a distinction between permanent and temporary invalidity. In spite of this difficulty, however, it is impossible to ignore the cases where a worker, during his occupational career and very often towards the end of it, becomes a permanent invalid before attaining the age limit for the receipt of an old-age pension. The simple reimbursement of contributions would not constitute a sufficient protection; during the first years of the functioning of the pension insurance scheme the sum to be reimbursed would be very small and, on the other hand, the needs of an invalid prematurely and permanently deprived of his capacity to work would be no less than those of an insured person of an age to receive an oldage pension. To guard against such risks to some extent the Bill contains a provision whereby old-age pensions may be awarded before the age of 60 years in cases where an insured person has accumulated a sufficient density of contributions (210 days) and whose occupation, on account of its particularly arduous or unhealthy nature, is likely to have caused premature physical decline. Nevertheless, even such a clause as this would be insufficient, since cases of premature permanent invalidity are not limited to persons engaged in particularly arduous or unhealthy occupations; it is not only the nature of the work which causes premature physical decline: other elements play their part, such as the physical and psychological capacities of the individual. It appears, therefore, that the only satisfactory solution is the introduction of invalidity pensions into the pension insurance scheme. To remedy the fact that the absence of sickness insurance makes it very difficult to distinguish between permanent and temporary incapacity, it would be possible to rule that the invalidity pension should only be awarded after six consecutive months of abstention from remunerative work. In the case of decease, the Bill provides that the widow shall receive a pension when the deceased was a beneficiary under the old-age pension scheme. If the insured person was active, the Bill stipulates only the reimbursement of contributions to survivors, with priority to the widow. It is also proposed that a lump 84 LABOUR PROBLEMS IN TURKEY sum of up to 50 Turkish pounds should be paid in the case of decease. With regard to widows' pensions, it is necessary to limit these to widows who, on account of their age or the state of their health, are unable to earn their living. Although it cannot be denied that the death of a husband always brings with it serious economic consequences for the wife, it is not possible, primarily for financial reasons, to consider the introduction of unconditional widows' pensions. Furthermore, most national legislation limits itself to the granting of a pension to a widow only if certain conditions are fulfilled which prove that she is not in a position to earn her living. The Bill does not provide pensions for orphans, and this is, in the opinion of the Mission, a serious gap in the protection which pension insurance should ensure. It is useless to insist further on the social need for such protection, since no one would deny this; from the demographic point of view also orphans' pensions are very important. It is, therefore, to be hoped that the Bill may be modified to permit the introduction of orphans' pensions from the beginning. We do not underestimate the costs implicit in such a scheme, but orphans' pensions are no less necessary or useful than are old-age pensions. A pension insurance scheme which does not provide some means of existence for orphans is far from being satisfactory. For this reason the inclusion of a provision for orphans' pensions in the pension insurance scheme is one of our most important recommendations. The modification of the scheme by the introduction of invalidity and orphans' pensions would at the same time make it possible to abolish the system of reimbursement of contributions. It appears that the reimbursement of contributions has been proposed in certain cases because it would be difficult to refuse any sort of assistance at all if some other risk should be realised before the age for an old-age pension was attained. It cannot, however, be too strongly emphasised that the reimbursement of contributions can never be a satisfactory way of meeting social needs that should be covered by a social insurance scheme. Reimbursement of contributions springs from the conception that any contributor must always have some " compensation " for his contributions. This idea is quite foreign to the proper conception of social insurance ; a close relation between individual payments made and the sum received is a suitable principle in the case of a savings fund, but this idea has nothing whatever to do with social insurance. Reim- SOCIAL SECURITY 85 bursement of contributions can never satisfactorily cover social needs; if the system is introduced for reasons of individual " justice ", then it would be better to renounce any scheme of insurance and introduce merely a scheme of compulsory saving. The question arises—and it would not be difficult to answer it— as to whether a savings scheme would be adequate to cover the risks run in everyday working life against which pension insurance provides. On account of this principle, the provision in the Bill for the reimbursement of contributions in the case of marriage of an insured person should be suppressed. There is, however, a further reason for the suppression of this proposal: the condition for the acquisition of the right to reimbursement in the case of marriage is that the person concerned shall leave the employment in which she is subject to insurance. Such a condition runs contrary to the needs of industry or at least to certain branches of industry, since at the present time both in private and public undertakings efforts are being made to encourage women to remain at work after marriage. If it is thought to be indispensable to introduce some marriage benefit for insured persons, it would be possible to establish a marriage grant, entitlement to which would not depend on the woman leaving her employment. In order to minimise the burden on the insurance fund it could be stipulated that the old-age pension or invalidity pension would be reduced in cases where a marriage indemnity had been awarded. CONDITIONS FOR THE RECEIPT OF BENEFITS General Conditions for the Acquisition of the Right to Benefits Any system of social insurance against the risks of everyday life—sickness, invalidity, old age or death—must take into account the fact that such risks may be realised after the contract of employment has come to an end, i.e., during a period not covered by contributions. It is difficult to guarantee suitable protection to the insured person and at the same time preserve his rights in course of acquisition. It goes without saying that in a scheme which applies to a part only of the population there can be no question of protection without a time limit, since such a provision would make one economic sector alone responsible for the costs incurred by persons belonging to other economic and social sectors. 86 LABOUR PROBLEMS IN TURKEY The problem is to set a limit which would be justified from the point of view of those subject to contributions and which would, at the same time, preserve economic equity and take into account the financial possibilities of the insuring body. This question is of particular importance in Turkey, where a great number of persons work sometimes in agriculture and sometimes in industry. The Bill stipulates that the fundamental condition for the acquisition of the right to benefits—including the right to reimbursement of contributions—is for the insured person to show an annual average of at least 210 days of insurance ; this average is calculated on the whole insurance career, i.e., from the date of entrance into the insurance scheme to the date of realisation of the risk. Since only working days are to be considered as insured days, this condition means that the insured person must have worked in employment in which he is subject to compulsory insurance for an average of 8 1 / 3 months per year. This seems extremely onerous, and it is to be anticipated that a great number of insured persons will not be able to fulfil it. There are no statistical data providing information concerning density of employment, but the information obtained on the movement of manpower has convinced the Mission that there is a relatively high level of instability in all branches of industry, so that it may be assumed that in many cases—perhaps in most cases—the average yearly number of working days is less than 210, and a compulsory insurance system which would exclude from benefit too large a part of the insured is not likely to meet the legitimate wishes of the workers. It appears essential that there should be a re-examination of the provisions concerning the fundamental condition for the acquisition of right to benefits, with a view to reducing the required insurance density without, however, going beyond the limit necessary to ensure that the benefits will be limited to those who bear the costs of them. It should be noted, by way of comparison, that national insurance in Great Britain provides for the granting of a pension if the density of contributions reaches 13 weeks per year. In the pension insurance system in Germany the yearly average required is a minimum of 26 weeks (Halbdeckungsverfahren). It should be borne in mind that British national insurance covers practically the whole of the active population and German pension insurance all wage earners and that, on the contrary, Turkish pension insurance is envisaged as providing only for wage earners and salaried employees in undertakings subject to the Labour Code. Even SOCIAL SECURITY 87 taking into account the differences in the conditions of employment, the average density in a system covering a wider population may be assumed to be higher than in a system which is limited to one category of the population only, and it would seem reasonable to take an average density of 100 days of insurance per year as a suitable standard which would enable workers in fairly regular employment to benefit from pension insurance; such a condition would, on the other hand, eliminate those cases where the insured person belongs to the covered category for a relatively short time only. The attainment of the average density alone is not sufficient to qualify the insured person; when a risk is realised the person concerned must be able to prove that he has paid a certain number of contributions (qualifying period), and also it is supposed that he has not definitely ceased to be an insured person (protection period). The Bill combines these two conditions in one by requiring that the insured person shall accumulate at least 210 days of insurance in the three last years preceding realisation of a risk. In order to retain this condition and at the same time adopt the modification suggested with regard to the average density of contributions, it could be stipulated that the insured person shall give proof of 500 days of insurance during the five last years before realisation of the risk. In the fixing of the general conditions for the acquisition of the right to benefits it is impossible to ignore the special situation of those who are in employment subject to insurance at the time when the pension insurance comes into force. This first generation is always of particular interest—and it always presents particular difficulties. It is made up of workers many of whom have worked for long years—some of them for the whole of their active lives— in an employment in which, in future, they will be subject to compulsory insurance. From the social point of view, these workers merit adequate benefits in order that they may not be penalised by the fact that they were working before the compulsory insurance came into force. On the other hand, the insurance scheme which is financed entirely by its own resources—as in the case in p o i n t must consider the financial consequences of any advantages accorded to members of the initial generation, in order not to lay too heavy a burden on future generations. In view of these considerations, a clause might be included in favour of the first generation on the following lines: the right to benefits to be acquired by any insured person coming 88 LABOUR PROBLEMS IN TURKEY within the pension insurance scheme during the first six months after its inception who has acquired at least 250 days of contributions, if the risk is realised during the two first years of operation of the scheme. If the scope of the scheme is extended at a later date, the same advantage should be accorded to the new categories of insured persons. The general condition to be fulfilled in order to acquire the right to any kind of benefit under the pension insurance scheme could, therefore, be defined as follows : the average yearly number of days of insurance during the whole insurance career must be at least 100 and, furthermore, the number of days of insurance during the course of the last five years before the date of realisation of the risk must be at least 500; nevertheless, for insured persons coming within the scheme during the first six months after the coming into force of the legislation, the general condition would be considered as fulfilled if the risk were realised during the first two years of the application of the legislation and if the insured person had acquired at least 250 days of insurance. Special Conditions for the Acquisition of Right to Different Types of Benefit Apart from the general conditions to be fulfilled before any benefit whatever under the pension insurance may be granted, it is also necessary to stipulate the particular conditions for the obtaining of each separate benefit, i.e., the risks covered must be defined. It should be again emphasised that the general conditions must have been fulfilled at the time of realisation of the risk insured against: an insured person cannot acquire the right to benefit on the basis of insurance periods acquired after realisation of the risk. Old-Age Pension. According to the Bill, the old-age pension will be granted to the insured person who, having accomplished 20 years of insurance, attains the age of 60 years, whether or not he continues to work. The Bill contains a special condition in favour of those who, at the date of entry into force of the pension insurance scheme, have already passed the age of 40 years; they will have the right to old-age pension if they cease from remunerative work, if they can give proof of 210 days of insurance for each year and if they have worked in undertakings subject to the Labour Code for at SOCIAL SECURITY 89 least 1,050 days during the five last years before the coming into force of the legislation. The Bill also provides for the possibility of lowering the age limit of 60 years for categories of workers employed in particularly arduous occupations who have to their credit a sufficient density of contributions. It would therefore appear that during the first 20 years of the operation of the pension insurance scheme the granting of old-age pensions would be subject, without any exception, to the condition that the insured person must cease remunerative work; only after 20 years of insurance will pensions begin to be granted unconditionally. It would seem appropriate to examine the possibility of modifying the Bill so as to arrive at the same conditions for all insured persons; to this end, the following provision might be made: old-age pension to be granted at the age of 60 years if the insured person is no longer in remunerative employment, and to be granted at the age of 65 in all cases whether or not those concerned are still in employment. Most national legislation concerning pension insurance stipulates a fairly long qualifying period for old-age pensions. The period of 20 years provided for in the Bill cannot be considered as excessively onerous, since it does not apply in principle to the first generation. Nevertheless, it would seem necessary to re-examine the provisions made for the oldest of the insured persons in the first generation, particularly from the point of view of practical possibilities of administration. It is always exceedingly difficult to verify conditions as they existed in the past, and for this reason there will inevitably be errors and omissions with regard to certificates issued by employers or other persons concerning periods worked before the putting into operation of the pension insurance scheme; it is to be feared that the process of sifting them will be long, difficult and costly. It would, therefore, be advisable to examine the possibility of a simpler solution which would at the same time assist the administration in its efforts to effect the affiliation to the scheme of all insured persons in the shortest possible time. To this end it might be considered that the fulfilment of the general conditions necessary for the acquisition of right to benefits as indicated above, without any further special condition, would be sufficient in the case of the first generation in the scheme. Invalidity Pension. The essential condition for the granting of an invalidity pension is the state of health of the insured person; invalidity exists when, 90 LABOUR PROBLEMS IN TURKEY as a result of illness or physical or mental defect, the insured person is permanently incapacitated for remunerative work. In a general social security scheme, the establishment of invalidity is not the only factor considered: the economic repercussions on the invaild are also taken into account. In other words, the invalidity pension is based not only upon the physical condition but also upon the loss of earnings which that condition has caused. Without going into great detail, it should be noted that the definition of invalidity appropriate in the case of a general insurance scheme is incapacity to earn in the open labour market, and, furthermore, that the interpretation of the legal definition of invalidity is always so much influenced by administration and by jurisprudence that it may be said that the administration and jurisprudence are at least as important as the legislation itself. Orphans' Pensions. In the case of decease, the most important benefits are, without doubt, the orphans' pensions. It would be possible, in order to overcome certain difficulties, to establish that the children having the right to benefit in the case of the decease of an insured father should be the legitimate children, and, in the case of the decease of an insured mother, the legitimate or natural children. Orphans' pensions could be granted up to the age of 15 years, i.e., up to the age already applied in principle in accident insurance. Widows1 Pensions. With regard to widows' pensions, the limited resources of the insurance fund must be borne in mind. It is, therefore, only possible to consider the introduction of pensions for widows unable to earn their own living on account of their age or their state of health. It is true that a widow with several children, especially if they are young children, finds it extremely difficult to engage in remunerative work, but in these cases the orphans' pensions should remedy the situation to a certain extent. It would also seem advisable to limit the granting of pensions to widows to cases where the insured husband was over 50 years of age on his decease and where the widow, at the time of the husband's death, is either an invalid or at least 50 years of age: if these conditions are not fulfilled at the time of the husband's death, the pension could be granted to the widow at the age of 50 years. In the interests of equity, the introduction of a widower's pension might also be considered, in principle on the same conditions r( §mì '¡wÇKïïP, Pumps in beet sugar factory, Alpullu Kindergarten, Eskisehir , x \ 'X. I'ítli Houses for sugar factory workers, Eskisehir SOCIAL SECURITY 91 as the widow's pension, but with a supplementary clause stipulating that a widower has the right to a pension only if the wife, when living, completely and entirely supported him. Funeral Benefit. Funeral benefit is meant in principle to cover the funeral expenses of the insured person ; for this reason any survivor may be considered to have the right to this benefit, but priorities must be established. Marriage Grant. The marriage grant, strictly speaking, does not form part of the pension insurance scheme. Nevertheless, in order to make possible the complete elimination of reimbursement of contributions, it would seem almost essential to include this provision in the benefits provided by the pension insurance. Experience shows, moreover, that this benefit is very much in favour among the people concerned and that it does imich to popularise insurance, particularly during the first years of the working of the scheme, when other benefits are not very numerous. No special condition is necessary. Any marriage contracted by an insured person confers entitlement to the benefit—subject, of course, to the general condition for acquisition of right to benefit being fulfilled at the time of the marriage. AMOUNT OF BENEFITS The proposed legislation fixes the annual amount of the oldage pension at 35 per cent, of a 20th part of the total wage which has served as a basis for the calculation of contributions during the whole insurance career; this amount must not, however, be less than 400 Turkish pounds. Since the pension insurance contribution represents 8 per cent, of the wage, this formula is identical with that governing the annual amount of the old-age pension at 21.875 per cent, of the total of the contributions made in favour of the insured person. It will be seen that the pension is made up exclusively of increments, so that it is proportionate both to the earnings of the insured person and to the length of period of insurance. This principle is, nevertheless, modified by the fixing of a minimum of 400 Turkish pounds, which is itself independent both of the earnings and the period of insurance. 7 92 LABOUR PROBLEMS IN TURKEY It is obvious that the Bill endeavours to establish a method of calculation which will relate the amount of pension strictly to the working career, in order to support the efforts being made to train skilled workers and to reduce employment instability. There is no doubt that basing the pension on increments is in line with this aim, the importance of which, in the interests of the national economy, cannot be denied. On the other hand, the principle is practically non-existent in many cases, since the minimum amount established by the Bill fixes a sum which bears no relation to earnings. Let us consider the case of an insured person working 300 days per year (which is practically the maximum density): if the daily wage is 3 Turkish pounds, it is only after 25 years of insurance that the pension, calculated on the basis of earnings, begins to exceed 400 Turkish pounds. If the daily wage is 5 Turkish pounds, the pension calculated on the basis of earnings does not exceed the fixed minimum until after 15 years of insurance, and if the daily wage is 7 Turkish pounds, it does not exceed the minimum until after 11 years of insurance. Since at the present time very few people are earning over 7 Turkish pounds per day, it is to be assumed that during the first decade of the operation of the pension scheme all pensions would be at the rate of 400 Turkish pounds per year, so that in practice there would be no differentiation in proportion to either earnings or density of employment. It would appear, therefore, that the introduction of a fixed sum as a minimum pension would annul the principle of higher pensions for higher wages, and might be harmful to the insurance organisation, since, in spite of a scaling of contributions according to the wage earned, pensions during a relatively long period would be equal. The introduction of a minimum amount is, however, indispensable, since the increments alone obviously cannot constitute even relatively sufficient pensions during the first years of the scheme. It would seem, nevertheless, that in the fixing of such a minimum amount the earnings and the density of employment should be taken into account. It is suggested that it would be possible to preserve the principle on which the Bill is based by calculating the old-age pension in the following way: the annual amount of the pension to be calculated at 20 per cent, of the total contributions paid in favour of the insured person, this amount to be not less than the total of (a) a fixed part of 160 Turkish pounds and (b) a variable part SOCIAL SECURITY 93 equal to three times the average annual contribution, or, in other words, 24 per cent, of the average yearly wage. To guard against the pension being more than a reasonable percentage of the wage lost, it could be also stipulated that the amount must not be more than 10 times the average annua] contribution, i.e., 80 per cent, of the average yearly wage. It should be noted that this clause would have no practical importance except for the low-wage categories and for the categories with a density of contributions nearing the minimum stipulated in the general conditions for the acquisition of the right to benefits. Table I shows annual old-age pension amounts in relation to the various average annual wages and periods of insurance. TABLE I. AMOUNT OF ANNUAL OLD-AGE PENSION Annual pension (in Turkish pounds) Average yearly wage (in Turkish pounds) Minimum After 20 years After 30 years After 40 years 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 160 256 304 352 400 448 496 544 592 640 760 880 1,000 1,120 1,240 1,360 1,480 1,600 160 256 304 352 400 448 496 544 592 640 800 960 1,120 1,280 1,440 1,600 1,760 1,920 160 256 304 384 480 576 672 768 864 960 1,200 1,440 1,680 1,920 2,160 2,400 2,640 2,880 160 256 384 512 640 768 896 1,024 1,142 1,280 1,600 1,920 2,240 2,560 2,880 3,200 3,520 3,840 On the basis of table I, the pensions would always be graded in relation to wages and density of contributions, as these are the two essential elements for the average annual calculations. In the case of the low-wage categories, the minimum pension amount is exceeded only after long periods of insurance; the periods decrease, however, as the average annual wage increases. In a system of this kind it would be possible from the beginning to make the wage rate and density of employment the basis for 94 LABOUR PROBLEMS IN TURKEY the fixing of the pension amount. It will be seen that this system also takes into account the important fact that the pension should be in relation to the level attained during the active career, and this is particularly important in the case in point, since pension insurance is to be applied not only to manual workers but also to salaried employees and intellectual workers, whose salaries may reach higher levels. Seeing that the wages of young workers do not in general reach the normal wage level, it would be desirable to consider reinforcement of protection in these cases; this idea has, in fact, been incorporated in the proposed legislation. The calculation of the average annual contribution, which is the essential element in the calculation of the minimum pension, might be modified so that the average annual contribution for insured persons coming within the scheme before their 18th birthday, with realisation of the risk after the age of 20 years, would be based on the division of the total contributions by the nun ber of years between the 18th birthday and the date of realisation of the risk. Calculations of the annual contributions might also be modified in order to minimise the risk constituted by the older entrants into the scheme. Obviously such a modification should not apply, however, to persons in the first generation seeing that, as has already been pointed out, most of these persons belong to the category of those who have worked for long periods in employment subject to insurance, before the entry into force of the legislation. A clause might be adopted stipulating that for insured persons affiliated after the first six months following the putting into operation of the scheme who are over the age of 35 at the time of affiliation, the average annual contribution should be calculated by dividing the total contributions by the number of years between the 35th birthday and the date of realisation of the risk. The invalidity pension should be calculated on an exactly similar basis. The widows' (or widowers') pensions could be fixed at one half of the old-age (or invalidity) pension to which the insured person was entitled at the date of decease. The orphan's pension might amount to 20 per cent, of the minimum pension figure, but the total orphans' pensions in any one family should not be more than the minimum old-age (or invalidity) pension. The marriage grant could be fixed at a sum equal to the minimum invalidity pension for one year to which the insured person would be entitled at the date of marriage; the award of a SOCIAL SECURITY 95 marriage grant could entail reduction in the eventual invalidity or old-age pension b y an amount equal to 20 per cent, of the marriage grant. Appendix I gives a summary of the recommendations concerning conditions for the acquisition of right to benefits and methods of calculation of pension insurance benefit rates. FINANCING According to the proposed legislation, the resources of the pension insurance are derived from contributions at the rate of 8 per cent, of earnings, half of which is paid by the employee and half by the employer. The basis of the contributions is in principle the cash earnings, with a daily minimum of 2 Turkish pounds and a daily maximum of 20 Turkish pounds. If the daily wage actually earned does not amount to 2 Turkish pounds the employer is required to pay the whole of the contribution at the rate fixed for 2 Turkish pounds per day, i.e., 0.16 Turkish pounds per day, but in these cases only 4 per cent, of the earnings may be retained, the employer being responsible for the balance. The financing of pension insurance is, therefore, not subsidised in any way from public funds ; the general situation of the country's budget, which is greatly affected by the exceptional expenditure made necessary by the international situation, does not permit, according to the competent national authorities, the introduction of subsidies which would devolve upon the State budget. Moreover, since at the present time social insurance applies to only a part of the population —agriculture is entirely excluded—the financing of social insurance b y the economic sectors to which it applies may be justified. The possibilities of utilising public funds for the financing of social security nevertheless merits consideration, and even if the present situation is not favourable to such a system it is hoped t h a t the matter will receive attention at the propitious moment; such a change in the system would bring it into line with the provisions of the international labour Conventions Nos. 35,37 and 39 (all adopted in 1933) concerning old-age, invalidity and survivors' insurance. 1 Articles 30, 31 and 33 of the Bill lay down that the financial principle of the pension insurance is that of the average premium, 1 Conventions and Recommendations, 1919-1949, op. cit., pp. 225-233, 241-250 and 259-269. 96 LABOUR PROBLEMS IN TURKEY i.e., a premium the uniform rate of which must be fixed in such a way that the actual amount of the costs borne by the insuring body shall be equal to the actual value of its resources. Without entering at this point into technical and actuarial details (these are dealt with in Appendix II of this report), the Mission would point out that the absence of essential statistical data concerning actuarial, biometrical, demographic and economic bases makes it impossible to establish sufficiently precise calculations concerning the relation between expenditure and receipts. It has, therefore, not been possible to establish an actuarial balance sheet, and the Mission has been obliged to limit itself to auxiliary calculations in order to arrive at conclusions concerning the financial equilibrium of the insuring body. After making all the reservations necessary in such cases, it may be asserted that the contribution rate of 8 per cent, is sufficient, and that this percentage provides, moreover, a certain margin of security. In view of this fact, it is all the more important to emphasise that the financial operation of the pension insurance scheme should be the object of constant study on the part of the administration, the insuring body and the Ministry of Labour. The administration should make an effort from the beginning to collect statistics relative to the body of insured persons: distribution by age and sex, earnings, density of employment, etc. Biometrie data based on first-hand experience will not be available for a relatively long period, but the insurance service must, nevertheless, be so organised as to furnish as soon as possible, as a by-product of its activities, all information concerning biometrical actuarial bases in other countries which is likely to be of use in the Turkish pension scheme. On the other hand, the provision in Article 30 of the Bill, whereby the insuring body is required at the end of each fiscal period to calculate the constitutive capital and mathematical reserves and to fix a reserve for the cases in suspense as well as a special reserve, seems neither necessary nor reasonable. Such a task would take a great deal of time ; it would moreover be costly, and the results would have no real value, since they would not make it possible to pass reliable judgment on the financial situation of the insuring body. Without making a detailed analysis of the advantages and disadvantages of the financial system which has been selected 1, 1 For further details, see Actuarial Technique and Financial Organisation of Social Insurance, by L. FÉRAÜD, Studies and Reports, Series M, No. 17 (I.L.O., Geneva, 1940). SOCIAL SECURITY 97 attention should be drawn to the fact that at the present time the national economy is affected by the continual rise in the cost of living, so that any question with regard to the functioning of social security, particularly if it concerns the financing of the scheme, which rray be affected by depreciation of currency, is of exceptional importance. The fact that contributions are in proportion to earnings and that pensions are in principle based on total earnings during the whole insurance career leads to the assumption that an increase in the general level of wages would not entail unfavourable consequences for the financial equilibrium of the insuring body—that is, of course, all other things being equal. Nevertheless, the fact cannot be ignored that the real value of benefits decreases during periods when the cost of living is rising, and in the long run there should be an equalisation of rights acquired and rights in course of acquisition. This complex matter cannot be treated within the present report; it is sufficient to point out that the mechanism for the granting of benefits outlined in the recommendations of the Mission could, if necessary, be modified, and it would be possible to introduce modifications which would meet as far as possible the greatest and most urgent needs. It would be advisable for the legal provisions to permit of rapid adaptation to variations in general economic conditions. For this reason it would be advisable to complete the provision proposed in Article 22 of the Bill, concerning the limits to wages on which contributions are levied, by a clause permitting modifications in the amounts fixed to be made by Decree of the Minister of Labour. Moreover, such a modification would be more in line with the provision of Article 7 of Act No. 4,772 of 27 June 1945 concerning insurance against accidents and occupational disease and maternity insurance. The rise in the cost of living is a serious consideration in the matter of the placing of accumulated funds. The financial system chosen for pension insurance involves a considerable accumulation of funds, and the maintenance as far as possible of the real value of these funds is of primary importance for the success of the scheme. Apart from the conclusions arrived at on this question by the I.L.O. after consultation with a number of countries 1, it must be emphasised that social insurance funds, and particularly those of the pensions branch, must be invested so that their real value is maintained, and the direct and indirect profit on them 1 See The Investment of the Funds of Social Insurance Institutions, Studies and Reports, Series M, No. 16 (I.L.O., Geneva, 1939). 98 LABOUR PROBLEMS IN TURKEY benefits the insured persons. The general policy with regard to investment of funds belonging to the pensions branch must also include close liaison between . sickness insurance and pension insurance, and to this end it is suggested that pension insurance funds be utilised for the construction of the necessary sanitary equipment to procure the medical treatment which is the primary aim of sickness insurance. Such an investment would make it possible to maintain the real value of the funds and would, at the same time, directly benefit insured persons. It would also be useful to examine very carefully the possibilities of employing pension insurance funds for the construction of cheap houses. The solution of the problem of workers' housing is, of course, beyond the possibilities of social insurance, particularly where this is limited to one category of workers, as in this case. Nevertheless, investments of this kind would make it possible to maintain the real value of the capital invested and would at the same time serve the legitimate interests of the insured as well as those of industry, since the problem of housing workers is closely linked to the problem of manpower stabilisation. ADMINISTRATION No attempt will be made here to survey in detail all the aspects of pension insurance administration, most of which are, in fact, common to all branches of social insurance; only one special aspect of pension insurance is considered here—the registration of the insured and the maintenance of records of the insurance career of each insured person (individual file and individual account). Any administration responsible for the granting of benefits which are based on long-term factors must, of necessity, collect and maintain all information concerning these factors over many years in the case of each insured person. A rational solution of this problem is of primary importance—the proper functioning of most of the other services of the insuring body depend upon it. The question of the administrative form of the individual file is one which should occupy all the attention of the administration, so that it can be solved well in advance of the putting into operation of the pension insurance scheme. It is obvious that the necessity for unity in the administration of the three branches of social insurance so far contemplated—accident, pensions and sickness—must be taken into account when decisions are made SOCIAL SECURITY 99 concerning the administration of pension insurance and, therefore, when questions relative to the making and maintenance of individual files are under discussion. The technical problem involved is the following: the contributions to social insurance for all insured workers in an undertaking must be determined and paid, the amounts must be made known to the various insurance branches and, finally, the contributions to the pensions branch must be divided and placed on the individual accounts of the insured persons, where there must also be inscribed all the other essential data for the determination of rights. It is this last operation which presents considerable difficulties. For the first process—the calculation and payment of contributions—the system of payslips already applied in connection with maternity insurance would appear to be adequate, since employers are accustomed to it, and moreover, the drawing up of these does not represent any extra work for the employer, since he is obliged to send the same slip to the fiscal authorities. Nevertheless, some changes in the existing system would be necessary. The following provisions would have to be made: (a) the slip must indicate the name of each insured person so that it will not in future be possible only to communicate the total amount of wages paid in an undertaking; (b) the slip must contain not only the amount of earnings but also the number of days worked; (c) the slip must indicate, in addition to the name, the insurance number of each insured person. Another complication will arise when social insurance is applied to small undertakings which are not at present subject to the Labour Code. It would be advisable to examine carefully the question as to whether the system of payslips could reasonably be applied to this category of undertaking and, in particular, to discover whether the employers would be able to establish such slips. Serious difficulties may be encountered which may not necessarily be due to lack of goodwill. It would therefore be desirable, in order to leave the door open to some other solution, to insert in the proposed legislation a provision which would make it possible for the system of insurance stamps to be adopted in the case of certain categories of undertakings. A general provision would suffice and details could be arranged, if necessary, by means of regulations issued by the Ministry of Labour. No particular difficulty arises in connection with the advising of the different branches of social insurance of the contribution amounts (due and paid). It should be noted merely that it is not 100 LABOUR PROBLEMS IN TURKEY necessary to advise the amount of contributions in the current account which the administration keeps for each employer; it is sufficient to advise the total contributions within a given period—> one month, for example. The most important element, as has already been stated, is the individual file, which must include all the information concerning each insured person as furnished on the payslips. This task, which must be kept up to date and will have to be done, generally speaking, at least 12 times per year for each insured person, is likely to attain considerable proportions, seeing that the number of the insured will in a very short time be more than half a million. The manpower instability will also complicate matters, and it should be emphasised that any bottleneck in current work would cause serious complications, and re-establishment of order in the files would be a costly proceeding. For all these reasons it is essential that this fundamental question be decided before the putting into operation of the pension insurance scheme, if the proper administrative functioning is not to be jeopardised. There is another point which must not be lost sight of in the search for an appropriate solution: for pension insurance it is essential to have information concerning the entire insurance career of the person concerned, but sickness insurance also requires data covering the last year or so. Seeing that the introduction of sickness insurance is only a question of time, the solution adopted should meet the requirements of both pension and sickness insurance. Generally speaking, the individual files for pension insurance should be centralised; on the other hand, the regional agencies responsible for the direct administration of sickness insurance must have at their disposal information concerning the recent period. It will be necessary, therefore, either to establish files in duplicate or to keep them for a year in the first place in the regional agencies and then send them to the central registry to be classified according to the requirements of pension insurance. Each of these solutions has its advantages and disadvantages. The first, by centralising the work, would make it possible for the central agency to use a mechanised accounting system, which would facilitate the work considerably ; in this case, however, it would be necessary to ensure that the regional agencies established the necessary documents for the administration of sickness insurance, since the mere classification of copies of the documents would not be sufficient. The second solution would avoid the necessity of double work but, on the other hand, the relatively small number SOCIAL SECURITY 101 of insured persons in some agencies would not justify the use of mechanised equipment. The Mission leaves the question of the choice of solution open, but suggests that the second solution would be more suitable. A question which is closely allied to that of the individual file is that of the identification of each insured person, on which we have already touched in reference to the insurance number. It is often difficult to identify an insured person figuring on a document, particularly in cases of passage from one employment to another. Mistakes and omissions with regard to the inscription of name and declaration of date and place of birth are inevitable, but this complication can be mitigated by the assignment of an insurance number to each insured person, this number to remain unchanged for the whole insurance career. The introduction of numbers is also important from the point of view of the technical work in connection with the individual files. The experience of administrations in various countries has shown that the best way to guarantee that the affiliated person shall always hold the same number is to supply him with an insurance card or book. A simple insurance card would be sufficient to establish the identity of an insured person by an insurance number, but it would seem desirable that the issue of such cards should be also made to serve other ends. It is in the legitimate interests of the insured person that he should have in his possession a document enabling him to prove his insurance rights. These rights are based on duration of employment in an occupation subject to compulsory insurance. An insurance book could be used, therefore, in which the employer is required to inscribe the date when a worker enters or leaves employment. Such a book could at the same time be of service to the insured person seeking benefit, particularly medical treatment, after the commencement of the sickness insurance. All the details cannot be laid down in the legislation itself— many must be left to regulations to be issued by the Ministry of Labour—but it is desirable that the legislation should contain the essential provisions, particularly with regard to the obligations of both employers and employees. The Mission would emphasise that the introduction of the insurance book should be in no way to the disadvantage of the worker, and to this end the inscriptions in the insurance books should be strictly confined to the particulars required by law or by the regulations. The contents of the insurance book, its form, the manner of establishing it and the occasions on which it must be shown could all be fixed by a simple regulation. 102 LABOUR PROBLEMS IN TURKEY Generally speaking, the insurance book should be filled in by the social insurance institutions, i.e., by the regional agencies. However, when the time comes to put the pension insurance scheme into operation it will be necessary to establish 300,000 books in a very short time, and it would be a good thing to obtain the close co-operation of employers in the large undertakings which have an adequate administration at their disposal. Publicity should be given to the value of the insurance book from the point of view of the insured persons, so that they may come to regard it as a document of great value, for without the co-operation of the insured the administrative advantages which are the basis of the introduction of the insurance books will be compromised. It is not possible to enter here into a detailed study of all the questions arising out of the subject of insurance books, but a few points should be mentioned: (1) it is advisable, when deciding on the form of the insurance book, to consider the needs of other insurance branches, not only those existing at the moment but also those which may exist in the future ; for example, although at the present time the granting of medical assistance to members of the family of insured persons is not contemplated, it would be advisable to make it possible for the names of members of the family of the insured to be included in the book; (2) in addition to the individual files classified in numerical order, it will be necessary to establish and keep up to date an auxiliary register, classified in alphabetical order, so as to make it possible to find the insurance number of any insured person and to trace all cases where an insured person has two or more insurance books; in the maintenance of such an alphabetical register it would be possible to enter all the identity particulars on the first page of the book and at the same time on a second, detachable page, which could be sent immediately to the central agency for classification in the above-mentioned alphabetical register. At the present time the Employment Office administration is preparing to introduce work books for the use of the employment offices. Although it would be possible, theoretically speaking, to have two books for each worker, i.e., an insurance book and a work book, it is obvious that this would mean double work not only for the administration but also for the employers, who would have to write the particulars concerning employment in both SOCIAL SECURITY 103 books. A solution would be the amalgamation of the two books into one. It would, of course, be necessary to arrange for day-to-day co-operation between the two administrations concerned—social insurance and employment—and, in particular, any tendency to make the book too voluminous should be avoided. It should also be remembered that there is a great difference between the needs of the two services. In social insurance all insured persons must be supplied immediately with the book, otherwise the aim in view will not be attained; in the employment administration, on the other hand, a work book could be introduced either by region or by occupation. It would seem, therefore, that the establishment of the books should come within the competence of the social insurance, but the content and form must be such as to meet the needs of both administrations simultaneously. Another solution would be to introduce the insurance book only, with an annex—one page would perhaps suffice—which would be inseparable from the insurance book and which would contain the additional information required by the Employment Office (vocational training, apprenticeship, etc.). Thus the insurance book would be established by the social insurance administration for all insured persons and the employment services would attach, as required, the necessary annex in the cases of interest to them. ADDITIONAL REMARKS Pension insurance is only a part of the social insurance system, and all provisions of the legislation relative to those points which are common to all branches of insurance must be identical. This is essential if the legislation is to be simple and intelligible and easily applied and administered. Any divergence which is not dictated by some serious consideration should be avoided; otherwise the administration will become unnecessarily complex and costly. Moreover, simplicity in the provisions with regard to social insurance is of primary importance, since it is essential that insured persons understand their rights and obligations. The necessity, for example, of arriving at a common field of application and at a common wage definition as a basis for contributions and benefits in all branches of insurance cannot be too strongly emphasised. In this way there could be complete unification of the system of collecting contributions, which would constitute a considerable advantage. It is also desirable—and it should be 104 LABOUR PROBLEMS IN TURKEY possible—to unify all the provisions concerning declarations, procedure for requesting benefits, regulations with regard to the acquisition of rights to benefits and the settling of disputes. At the appropriate moment all the provisions common to all branches of insurance might be unified in one law, possibly at the moment of putting into operation the third branch of social insurance, i.e., sickness insurance. The extension of social insurance to smaller undertakings will raise a number of questions, one of which will have to be solved during the discussions on the proposed legislation concerning pension insurance. Many small undertakings do not possess a complete accountancy machinery, and it is to be expected that it will be very difficult, if not impossible, to obtain precise information concerning workers' wages. It would, therefore, be opportune for the Ministry of Labour to stipulate the rate at which wages should be calculated for the fixing of contributions and benefits in certain categories of undertakings, particularly in the small ones and in those establishments where wages include also a proportion of tips. These rates should be graded according to age, sex, region, occupation and size of undertaking, so that they may approximate as nearly as possible to actual earnings. Such an arrangement would simplify administration and eliminate the cause of numerous disputes between the social insurance administration on the one hand and the employers and insured persons on the other. Article 42 of the Bill proposes the exclusion from pension insurance of certain categories of workers: wage earners in munitions factories, salaried employees and wage earners in the State railways and port undertakings, etc., since there are special insurance schemes for these categories. It would be useful to consider the possibility of bringing these categories into the general pension scheme in accordance with the proposed legislation and transforming the existing institutions into supplementary insurance funds. In any case the legislation concerning pension insurance will have to lay down rules for the transfer of insured persons between the general scheme and other pension insurance schemes, so that rights in course of acquisition may be protected. This question is the more important since at the present time the establishment of a retirement fund is contemplated, to which all Government officials and public servants will be affiliated. It is to be expected that movement from one scheme to another will be considerable, and the only way to avoid the difficulties caused by the existence of various schemes guaranteeing long-term benefits is to provide SOCIAL SECURITY 105 generally for the preservation of rights and the granting of composite benefits in the case of transfer from one scheme to another. It is clear that all details cannot be dealt with in the Act; the Act should lay down general principles, leaving the details to be worked out when regulations are drawn up for the application of the Act. Sickness Insurance According to the Bill on this subject prepared by the Ministry of Labour, the sickness insurance scheme is to take over maternity insurance, which has hitherto been administered together with industrial accident insurance. This course is fully justified, since the sickness insurance institution is naturally able to provide maternity benefit, and particularly to make special arrangements for childbirth and pre-natal and post-natal care as part of its medical service. The maternity benefits to be provided are on the whole the same as those granted under the present scheme of industrial accident, occupational disease and maternity insurance —in fact the Bill proposes re-enactment of existing legislation, with minor amendments only. The scope of the proposed sickness insurance scheme will be the same as that of the two other branches of social insurance, and this makes possible a clear and simple situation in which any person subject to compulsory insurance is covered by all its branches. Workers to whom special schemes apply 1 will be excluded from the general sickness insurance scheme, and it would be desirable to examine the possibility of bringing all workers under the general scheme and to turn the existing special funds, where appropriate, into supplementary services. Perhaps it would be advisable to proceed by stages, fund by fund, and so enable the particular situation of each fund and of its members to be taken duly into account. Nevertheless, the legislation now planned should be completed by a provision to the effect that the sickness and maternity benefits allowed by the special funds may not be inferior to those granted under the general scheme or made subject to more stringent conditions. The new scheme is to, provide sickness benefits, in cash and in kind, to directly insured persons only; the members of their families will be entitled to no advantages whatever. The weighty 1 See p. 68. 106 LABOUR PROBLEMS IN TURKEY reasons on which this intention is based cannot be disregarded. The organisation of efficient medical care will be a huge task, even if it is limited at the outset to directly insured persons, and the cost of medical care for members of families should not be underestimated. Nevertheless, it must be pointed out that the medical services established in many large undertakings in conformity with the Public Health Act provide medical care to members of families of employed persons: in the Zonguldak mines, for instance, members of miners' families are entitled to free medical care, the cost of which is borne in principle by the mutual insurance fund.1 It is therefore essential to arrange that the introduction of compulsory sickness insurance shall not unfavourably affect advantages now enjoyed. Although it may be thought that the sickness insurance scheme will at a later stage extend its protection to members of insured persons' families, it would appear most advisable to grant this protection from the outset to children below a certain age (one or two years, for instance). Apart from all the social and demographic reasons which might be quoted, it should not be forgotten that the post-natal care already due not only to insured women but also to the wives of insured men is very closely if not inseparably bound up with care for nursing children. QUALIFYING PERIOD Those responsible for preparing the sickness insurance scheme are faced with the fact that workers coming under the Labour Code already have certain rights to free medical care, and even to compensation for incapacity due to disease, and that these rights must be met, at the employer's expense, without any qualifying period. It is difficult to do without any qualifying period under compulsory sickness insurance, if it is desired not to leave the door open to all sorts of abuse. At present, since benefits are paid directly by the employer, there is no fear of fraudulent registrations made with the sole object of drawing benefits; but the situation will be different when the cost of benefits is borne by the insurance institution ; the Bill's proposal to introduce a qualifying period for most forms of benefit is therefore justified. For maternity benefit to insured women or the wives of insured men, the condition is that the insured woman or the husband, 1 See p. 69. Women workers cutting cube sugar, Alpullu i^ri t ' Houses for sugar factory workers, Turhal J ii' ( . J Reading room for sugar factory workers, Turhal P cïtif" «5?" 3îJWWd>ï| Workers' canteen and recreation room, Turhal SOCIAL SECURITY 107 as the case may be, must have completed 160 days of insurance during the 12 months preceding confinement. For medical care there is no general qualifying period. However, the maximum duration of such care is extended from six to 12 months in the case of insured persons who have completed 160 days' insurance during the 12 months before the beginning of the sickness; and for such persons medical care may be continued for a further six months if there is ground for hope that the extended treatment will bring about a cure. Daily allowances are payable only to those insured persons who have completed 160 days of insurance during the 12 months preceding incapacity. Thus the rules governing grant of benefits not only safeguard the insurance institution but also protect most insured persons, since they give those who have been insured a sufficiently long time (about six months) a period of cover after they have left the insured employment. But anyone who leaves this employment before completion of the necessary period is placed in an unfortunate position, since all his rights immediately lapse. This may be unjust if the sickness starts soon after he ceases to be employed. Such a situation could be corrected by introducing a period of postemployment cover during which at least medical care would be provided; it might be equal in length to the insured person's last period of employment, but not exceed six weeks. If the qualifying period were applied to the initial membership of the compulsory sickness insurance scheme, no daily allowance would be able to be paid during the first six months of operation. To avoid this eventuality, it should be provided that in the case of persons covered by general sickness insurance during the first six months after its introduction, any period of accident or pension insurance will be taken into account for sickness insurance purposes. GASH BENEFITS Cash sickness benefit takes the form of a daily allowance. This is to be payable in respect of working days (i.e., excluding Sundays) from the fourth day of incapacity onwards; but the waiting period does not apply in the case of incapacity exceeding 15 days. There will be a difference between the rules for daily allowances under sickness and accident insurance respectively, for in accident insurance the allowance is payable for every day of 8 108 LABOUR PROBLEMS IN TURKEY the week. Provision for payment in respect of working days only might be combined with a definition of the daily wage as one sixth of weekly earnings; indeed, there must be co-ordination between the rules defining the daily wage, those specifying the days in respect of which the allowance is payable, and those determining the rate of the allowance itself ; and to be entirely satisfactory the solution adopted should take account of wages in kind as well as cash earnings. In any case it is desirable to apply uniform rules to cash benefit for all temporary incapacity, whether this results from accident, sickness or maternity. The cash allowances are calculated on the basis of the daily wage, the maximum and minimum for insurance purposes being the same as under pension insurance, i.e., 2 and 20 Turkish pounds respectively. The definition of the daily wage contained in the proposed sickness insurance scheme differs from that adopted for accident insurance. It would be preferable, as has already been emphasised in this report several times, to arrive at a single definition applying to all social insurance. The daily sickness allowance will be equal to the following proportions of the daily wage : 66 2 / 3 per cent, for an insured person with dependants (wife or husband, children, relatives in the ascending line, brothers or sisters); 50 per cent, for an insured person without dependants; 50 per cent, for an insured person with dependants who is placed in hospital; 331j3 per cent, for an insured person without dependants who is placed in hospital. As regards insured persons with dependants but not in hospital and those in hospital but without dependants, the rates differ from those applying under accident insurance, whereas the other rates (insured persons with dependants and in hospital, and those without dependants but not in hospital) are identical under the two schemes. It would certainly be preferable to have the same daily allowance rates for all cases of temporary incapacity, whether caused by an ordinary disease, an occupational disease or an industrial accident. The daily maternity allowance is to be paid, as at present, during a period of three to six weeks before and three to six weeks after confinement, the exact duration being determined by the woman's state of health; to qualify, she must neither work nor receive wages during such period. It would not be very expensive to introduce in all cases a benefit period of six weeks before and six weeks after confinement, with effective supervision as to whether the beneficiary really abstains from paid work. This SOCIAL SECURITY 109 slight change would bring the scheme into conformity with the international labour Convention concerning the employment of women before and after childbirth, 1919. The Bill fixes the maternity allowance at two thirds of wages, or rather less than the present proportion (70 per cent.). The daily allowance rates will thus be the same for maternity and sickness. The other forms of cash maternity benefit are the confinement and pregnancy benefits and the nursing allowance for insured women and wives of insured men. Their amounts are to be fixed by regulation. BENEFITS IN KIND Benefits in kind include medical care, provision of medicaments and other therapeutical requirements, hospital care and cost of transport. Medical care will be given in dispensaries and other medical establishments by doctors who have concluded contracts with the insuring institution; insured persons will be free to choose between such doctors. Grant of benefit may be suspended if the insured person does not follow the doctor's instructions. Expectant mothers are required to be examined by midwives and doctors chosen by the insurance institution. Women in childbirth will be attended at home by midwives and by doctors if necessary, or may be placed in maternity homes or hospitals. Rightly, the Bill confines itself to general guidance regarding medical care. It is recognised that in this field practical application is far more important than textual provisions, and that there are many obstacles to the establishment of effective medical services. All the details cannot be determined at the outset; apart from other reasons, the diversity of conditions in the various parts of the country requires great administrative flexibility, for it will probably be necessary to adopt different methods of organising medical attendance and providing medical care according to the situation and needs of each region. Any study of the most appropriate methods of providing medical care under sickness insurance should have regard to the existence of works medical services under the Public Health Act and of public health services. A number of public and private undertakings already have medical services reaching a satisfactory standard; some of the larger ones have well equipped hospitals and an adequate staff of doctors and auxiliary medical personnel. Many of these services HO LABOUR PROBLEMS IN TURKEY are not confined to curative treatment, but engage also in preventive medicine, industrial health, medical examination of new employees, periodical examinations, etc. The general insurance scheme can neither replace these services with its own nor take over their entire expense, since this would often involve much greater sums per head than the sickness insurance has available for its medical arrangements. It would appear rational therefore to leave works medical services in operation wherever they are satisfactory, provided the insurance institution and the employer can reach agreement on the subject. Much detail in this regard should not be included in the Act, since conditions and needs will differ from one case to another. For instance, if the workers of an undertaking with its own medical service constitute the great majority of insured persons in the locality, it would be extremely difficult to establish and maintain a sickness insurance medical service for the other insured persons only; and the best course would therefore be to reach an agreement under which the works medical service was placed at the disposal of the other insured persons also. Any such agreement must regulate the reimbursement of the cost of the medical care provided by the undertaking; a separate refund for each individual case should certainly be avoided and agreement be reached for a flat rate of reimbursement based on the number of insured persons or on total contributions. Furthermore, the insurance institution should always retain the right to supervise the quality of medical care given and in particular the process of ascertaining incapacity for work. It is hardly necessary to point out that such co-öperation can only be considered in the case of undertakings providing a fully reliable guarantee of the quality of their medical services; in some undertakings the medical service is unsatisfactory or even practically non-existent. The sickness insurance medical services should also be coordinated with the public health services, and in particular the dispensaries and hospitals established and maintained by the insurance institution should be so distributed as to supplement in a rational way the network of similar facilities provided by other medical schemes. It would be most advisable for the highest competent authorities to prepare a joint programme of medical equipment and for the hospitals constructed by any agency to be open to the whole population; expenses would, of course, be equitably shared. The insurance institution will be able to establish dispensaries and hospitals in the larger industrial centres, and to conclude SOCIAL SECURITY 111 contracts with doctors in many other places. Nevertheless, there are districts with only one doctor—an officer of the Ministry of Public Health and Social Assistance—and there will always be places where insured persons are not sufficiently numerous to justify the establishment of a special service. Such cases will grow commoner when compulsory insurance is extended to small establishments ; but even now many insured persons who have worked in industry and returned to their villages will be entitled to benefit for a period of up to six months. If the new scheme is not to remain a dead letter, the insuring institution will have to make every effort to render medical care accessible to all those entitled to it. The only possible solution is to conclude contracts with public health officers so that they may attend insured persons; such agreements will naturally require the consent of the Ministry of Public Health and Social Assistance. This course might also help to secure a better distribution of medical personnel, for the supplementary resources obtained from the social insurance institution would facilitate the placing of health officers in the less favoured regions. FINANCIAL RESOURCES The resources of the sickness and maternity scheme are to come entirely from contributions, which the Bill proposes to fix at 4 per cent, of wages. The definition of wages, and of the insurable wage, as well as the provisions governing collection of contributions and payment of interest on arrears, are the same as under the pension scheme. Contributions are to be equally shared between the insured person and his employer; but under Article 28 of the Bill the employer will pay the whole contribution if the insured person receives no remuneration or if his daily wage is below the minimum of 2 Turkish pounds. This last provision differs from the corresponding part of the pension scheme, and it would be advisable to modify one or the other in order to avoid discrepancy. The most important question here is whether the contribution rate of 4 per cent, of wages will suffice to meet all the expenditure of sickness and maternity insurance. It is always very difficult, when establishing a new sickness insurance system, to forecast closely what the expenditure will be. Costs do not depend only on the state of health of insured persons; they are also affected by the strength of the tendency to apply for treatment and by 112 LABOUR PROBLEMS IN TURKEY the practical interpretation of the rules by medical and administrative personnel. Furthermore, any estimate made in the present case must leave a wide margin of error, for hardly any of the necessary data is available, not even the morbidity rate, which is the essential element in any forecast of sickness insurance costs. Generally, morbidity depends on a number of factors such as age, sex, occupation, climate, economic and social situation, and conditions of life; the morbidity rate for insurance purposes depends also on the provisions governing the right to benefit (qualifying period, waiting period, period of post-insurance cover, maximum possible duration of benefits, etc.). Economic factors, particularly unemployment and the difference between wages and daily allowances, also affect the morbidity rate, as do administrative methods and the organisation of the medical service. Table II shows morbidity rates in various countries for different years and periods. It is particularly difficult to estimate morbidity in Turkey, for recourse to foreign experience is only appropriate if at least a few pointers can be obtained from internal sources. The information on absenteeism collected by the Mission during its visits to various establishments shows that the proportion of workers absent owing to sickness or accident varies widely from one undertaking to another; in some it is hardly 1 per cent., in others it is as high as 5 per cent. To judge from such figures, morbidity may range from four to 20 days a year. Failing a more solid basis for estimation, it may, however, be assumed that the morbidity rate will lie between eight and 12 days. The average value of daily allowances (for persons with and without dependants) may be estimated at 64 per cent, of the daily wage. The figures given in table XXI of the report of the Workers' Insurance Institution show that out of 26,103 accidents for which compensation was paid in the years 1946-1948, 5,453 cases—or 20.9 per cent, of the total—occurred to persons without dependants; the assumption that the proportion will be the same under sickness insurance leads to the above-mentioned figure of 64 per cent. It would appear, therefore, that the cost of daily sickness allowances will lie between 1.7 and 2.5 per cent, of wages. It is still more difficult to estimate expenditure on benefits in kind. The cost of medical services organised by employers in their own establishments under the Public Health Act varies widely from one establishment to another. In the big undertakings visited by the Mission, where the services reach a high standard, the rate of expenditure ranged from 2 to 6 per cent, of wages; but as medical SOCIAL SECURITY TABLE II. 113 MORBIDITY RATES: AVERAGE ANNUAL NUMBER OF DAYS OF INCAPACITY FOR WORK FOR WHICH INSURANCE BENEFIT WAS PAID Country and date Austria 1896-1900 1901-1905 1906-1910 Women 8.7 9.3 9.4 8.6 8.4 8.5 Czechoslovakia 1913 1925 1928 1931 1934 8.3 11.3 10.7 13.1 9.2 10.3 1 13.51 13.2 » 13.8 1 IO.51 Germany 1924 1925 1926 1927 1928 11.3 12.9 12.3 13.0 13.8 11.1 12.9 11.7 12.8 13.4 5.2 6.2 7.9 8.3 8.5 9.3 10.3 8.5 9.0 9.3 10.2 11.3 6.9 9.7 H u n g a r y (Budapest) 1911 Sweden 1923 1924 1925 1926 1927 ; Men Yugoslavia 1926 1 Including maternity. care is to be given during a post-employment period, the proportion under the general sickness scheme may be expected to be higher; 2.5 per cent, of wages must therefore probably be regarded as the minimum cost of the benefits in kind to be provided by sickness insurance, if their quality is to reach the necessary level. Maternity benefits are at present paid out of a contribution equal to 1 per cent, of wages. The receipts of this branch of insurance constantly exceed expenditure, although expenditure is now showing a tendency to rise. If the benefit rates, which are to be fixed by regulation, do not greatly exceed those now allowed, it may be expected that the cost of maternity benefits will not reach 1 per cent, of wages. 114 LABOUR PROBLEMS IN TURKEY No attempt to estimate sickness insurance expenditure should neglect costs of administration, which are as a rule higher here than in other branches of insurance. Amalgamation of the administration of the three social insurance schemes will enable these costs to be reduced, provided, of course, that the respective legislative measures make it possible for administration to be simplified. However, when planning the sickness insurance scheme, it would be wise not to underestimate costs of administration, which would appear to require a sum not far distant from 0.5 per cent. of wages. It follows from the above paragraphs that the contribution rate of 4 per cent, proposed in the Bill is likely to be insufficient. During the initial period of operation of the scheme, expenditure will probably not reach its normal level, so that the financial difficulties will not become apparent until this not very long period is over. It is therefore essential that the rate of contribution for sickness insurance be re-examined; and it must in any case be recommended that the Act contain a provision enabling the contribution rate to be amended by some fairly rapid means—for instance, by decision of the Government—if this should prove to be necessary. Such a provision would be the more appropriate because the present trend of wages and prices, if it continues, must have financial repercussions on sickness insurance. Since the contributions are based not on aggregate wages but on cash wages only, and since a rise in prices is not immediately followed by an increase in wages, the effect on the financial equilibrium of the scheme will probably be unfavourable. As regards the sharing of contributions between insured persons and their employers, it should be remembered that when the general sickness scheme is introduced employers whose undertakings are subject to the Labour Code will be released from certain present obligations, such as payment of contributions to maternity insurance and provision of medical care. It would be fair to take this position into account and to provide for the equal sharing of the new expenditure only, and not of the total cost of sickness insurance. Examination of the financial equilibrium of the sickness and maternity insurance scheme requires study of another important question. Even if it is assumed that receipts and expenditure will balance in respect of the country as a whole, deficits will no doubt be registered in some parts, since the wage level varies from one region to another and frequency rates probably also. It is SOCIAL SECURITY 115 therefore to be expected that some regional agencies will show profits and others losses, equilibrium being reached at the national level only; and that each regional office will tend to use up its own receipts in order not to be obliged to transfer a surplus to other regions. This tendency cannot be completely counteracted by centralising administration, for the inherent character of sickness insurance requires decentralisation and a considerable degree of autonomy for the regional institutions; these must be allowed to provide benefits without interference from the central office in individual cases. In order to foster a spirit of economy within each regional agency, it would be advisable to provide that any region whose expenditure on compulsory benefits did not amount to a specified proportion of contributions (90 per cent., for instance) might grant supplementary benefits on a voluntary basis until that proportion was reached. The supplementary benefits—chiefly admission to sanatoria and dental treatment—would be allowed in accordance with general rules prepared by the Board of the Workers' Insurance Institution and approved by the Ministry of Labour. Such a system would enable contributions and compulsory benefits to remain uniform throughout the country and would encourage regional agencies to be economical. MEDICAL EXAMINATION The Bill provides for two sorts of medical examination of insured persons. Under Article 44 the insurance institution is entitled at any time to undertake the medical examination of all insured persons in a given undertaking. These group examinations are most important for preventive purposes, for they not only permit diseases to be discovered but also enable appropriate measures of industrial hygiene to be taken in collaboration with the factory inspection service. In the same article it is also provided that all initial members of the scheme must be examined by a doctor of the Workers' Insurance Institution when the Act comes into force. This provision aims at eliminating from benefit all persons who suffer from diseases contracted beforehand; and it states further that the sickness costs of insured persons engaged without having undergone this test, or despite its unfavourable result, shall be borne by the employer. It is questionable whether the insurance institution will have at its disposal enough doctors. to carry out all these tests with due care, for a very large number 116 LABOUR PROBLEMS IN TURKEY of insured persons would require to be examined within quite a short time; and in any case it is certain that to apply such a rule might prove extremely unfair to workers whose state of health is not good but who cannot live without the product of their labour. No doubt the insurance institution needs some protection against fraudulent membership and must prevent abuse; but it would suffice to provide that the insurance does not cover diseases contracted before the person in question was admitted to the scheme. Regional Medical Services Services for the provision of medical care cannot be established at a uniform pace in all parts of the country, as local conditions vary too widely. Since the satisfactory operation of sickness insurance depends above all on the efficiency of its medical services, the intention expressed in Article 53 of the Bill cannot but be fully approved. This provides that sickness insurance shall be introduced region by region, the Government determining the respective dates. Such a procedure means that experience obtained in regions already covered can be used at each subsequent extension. Organisation and Administration The various social insurance schemes are administered by a single public institution, attached to the Ministry of Labour and known as the Workers' Insurance Institution. This was established by Act No. 4,792 of 16 July 1945, and has independent legal status and financial and administrative independence. Its machinery consists of a General Assembly, a Board and a Director-General. The General Assembly is tripartite, consisting of equal numbers (not less than 15) of members chosen by employers and insured persons, six high officials and an unspecified number of university professors chosen by the Ministries of Labour and Education as experts on social policy. Pending the final organisation of social insurance, the Ministry of Labour will determine how the employers' and workers' members are to be elected. The term of office is three years, but re-election is allowed. The General Assembly is convened by the Minister of Labour, and meets at least once a year, the Minister or his representative presiding. SOCIAL SECURITY 117 Special meetings may also be convened if the Minister considers this necessary. The Assembly passes the annual accounts, which are submitted to it with a report from the auditors (Ministry of Labour officials). It decides, subject to the approval of the Ministry of Labour, regarding the setting up of medical and social establishments, and gives advice and makes suggestions on matters of social insurance. The Board is composed of seven persons: the Director-General, four members appointed by the Government, and two others elected respectively by the worker and employer members of the General Assembly. The chairman is elected by the Board from among its members (the Director-General is not eligible). The Board meets at least once a week, supervises all the activities of the Director-General and his office, draws up the administrative budget, determines the staff establishment (subject to the approval of the Ministry of Labour), decides regarding the setting up or abolition of regional agencies and branches, deals with the acquisition of buildings, prepares proposals for the General Assembly, etc. The Director-General and his two deputies are appointed by the Government on the basis of proposals from the Minister of Labour. The Director-General directs the work of the Institution and represents it before the courts and in dealings with other public authorities. The officials of the higher grades are appointed by the Board on the proposal of the Director-General; other officials and employees are appointed by the Director-General himself. For the purpose of the Penal Code, both officials and other employees are regarded as civil servants. Salaries are, on the whole, the same as in the public service. The Institution has a central office at Ankara and 15 regional offices. These are not autonomous. Each has at its head a director appointed by the Board on the proposal of the DirectorGeneral. The largest regional office is at Istanbul; next come those at Zonguldak, Izmir, Ankara and Seyhan. The five regional offices mentioned collected respectively, in 1948, 32.14, 21.98, 12.78, 5.83 and 5.07 per cent, of contributions—i.e., more than three quarters of the over-all total. The smallest office, at Konya, collected only 0.71 per cent. The supervision of the Institution's accounts and of its financial operations lies with the Ministry of Labour, which appoints auditors for this purpose; these are officials of the Ministry, but their salaries are paid by the Institution. The supervision service makes 120 LABOUR PROBLEMS IN TURKEY Concluding Remarks DISPUTES Cases frequently arise in the operation of a social insurance scheme, in which an insured person or other claimant to benefit is not satisfied with a decision of the institution. The inherent character of such disputes requires t h a t they be settled rapidly, and the legislation of most countries therefore makes special provision for the settlement of disputes. The first Turkish Act on social insurance (industrial accidents, occupational diseases and maternity) provides three methods of settlement. If the question is whether a certain disease should be considered as of an occupational character, the point is decided by the Superior Health Council. Other appeals against decisions of the Institute must be brought before the court of first instance if relating to industrial accidents or occupational diseases, or before the local magistrate's court if relating to maternity; judgment must be given in accordance with the provisions on accelerated procedure contained in the Civil Procedure Code. As regards pension insurance, Article 39 of the Bill states t h a t appeals shall be taken to the magistrate's court, where the procedure must be conducted according to the above-mentioned provisions concerning accelerated procedure. Under the Sickness and Maternity Insurance Bill conciliation councils composed of three doctors are to be established; these will deal with disputes concerning medical care. It would be advisable to consolidate all these provisions concerning the settlement of disputes and to have a uniform system for the whole of social insurance. The Bill concerning labour courts * transfers all disputes regarding insurance benefits to these new courts. Furthermore, an arbitration committee composed of one insured persons' and one employers' representative, presided over by a judge or independent lawyer, might be established at each office; such committees would act in the first instance on all disputes between employed persons or other claimants and the Institution regarding decisions by the Institution on any form of benefit. 1 See Chapter VI. SOCIAL SECURITY 121 POSITION OF FOREIGN NATIONALS Turkish social insurance legislation relies on the principle of domicile, so that all persons qualifying in other respects are subject to compulsory insurance. Article 102 of the Labour Code provides that a worker sent to Turkey by a foreign undertaking for temporary employment on its behalf is not subject to workers' insurance, whereas a worker in the employ of a Turkish undertaking sent abroad for temporary employment continues to be subject. Under Article 76 of the Act of 27 June 1945 concerning accident and maternity insurance, foreign nationals are entitled to all the benefits for which this Act provides, on condition that their own country grants to Turkish nationals the same rights in case of industrial accident, occupational disease or maternity as it does to its own nationals. Article 41 of the Pension Insurance Bill provides that foreign nationals are subject to the provisions of the scheme on the same conditions as Turkish nationals. Payment of benefits is subject to the condition that the beneficiary resides in Turkey, so that payment is suspended if he or she goes to a foreign country. In the case of accident insurance, benefits are resumed if the beneficiary returns to Turkey within a year, whereas the pension insurance scheme provides for such resumption in the case of return within five years. Unification of these conditions appears desirable, and it would be useful also to provide that on the basis of bilateral agreements or international conventions the payment of social insurance benefits may be continued even if the beneficiary goes abroad. It is impossible, within the framework of the present report, to analyse all the provisions now in force or proposed under the Bills concerning pension and sickness insurance; and any detailed examination of all the administrative problems arising out of the application of the various schemes is quite out of the question. On several occasions during its stay in Turkey the Mission was able to discuss thoroughly almost all the essential problems in question and was able to express its opinion either orally or in writing. There is reason to believe that it will be possible to continue this direct contact which has been so satisfactorily established. The Director-General of the Workers' Insurance Institution is a member of the International Labour Organisation's Committee of Social Security Experts; the Deputy Director-General is 122 LABOUR PROBLEMS IN TURKEY to visit the International Labour Office in the near future as holder of a United Nations fellowship; and the Institution is a member of the International Social Security Association, for which the International Labour Office provides the secretariat. Advantage may be taken of all these opportunities to examine social security problems. The International Labour Office, and particularly its Social Security Section, will be happy to associate itself in every possible way with the efforts made by the competent national authorities to bring the full benefit of social security to the workers of Turkey. CHAPTER V THE PROTECTION OF WORKERS AGAINST INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES Importance of the Problem INTRODUCTION In every industrialised country a considerable number of persons are killed or more or less severely injured every year by industrial accidents; and, in addition, many workers in various industries become victims of diseases caused by industrial processes or by dangerous and obnoxious substances handled or used by them in the course of their work. As industry developed it became more and more obvious that progress was being bought at the price of an enormous amount of human suffering and misery; the number of workers killed or severely injured, and often disabled for life, by industrial accidents increased considerably in most countries, and as time went by experience showed that many of the new substances used in industrial processes were liable to cause serious illness, often resulting in the death of the victims or in the permanent, partial or total impairment of their working capacity. It is not surprising, therefore, that enlightened men and women in many countries soon realised the necessity of reducing as far as practicable the heavy toll of human life, health and happiness taken continuously by industry throughout the world. Considerable time passed before any really positive results were achieved in this field; but little by little various countries began to introduce legislative and other measures designed to reduce industrial accident and health hazards, to protect the workers against such hazards, to assist them in the case of their being disabled through occupational accidents or diseases and to give aid to the families of workers who had lost their lives or had their earning capacity 9 124 LABOUR PROBLEMS IN TURKEY seriously reduced through such mishaps. Legislation on factory inspection and workmen's compensation were among the most important measures taken for these purposes. To begin with—and, in fact, up to a few decades ago—the efforts made to reduce occupational risks in industry and alleviate their consequences were based on purely humanitarian grounds; the desire to save human life and protect the workers' health and thereby contribute to a reduction of the toll taken every year by industrial accidents and occupational diseases was the mainspring of this movement. At that time hardly anybody realised the importance of the economic losses caused to industry by occupational accidents and diseases. The general public took little or no interest in this problem; it was only when major disasters occurred, such as coal mine explosions or large fires, etc., causing heavy loss of life, that public opinion took notice. Even industry itself was unaware of the steady drain on its resources that resulted from accidents and illness to its workers; it considered the occurrence of occupational accidents and diseases as something unavoidable that was part of the price that had to be paid in' order to keep the industrial machinery running and maintain the production of goods necessary for the continuation of modern life and the improvement of living conditions throughout the world. ECONOMIC LOSSES CAUSED BY OCCUPATIONAL ACCIDENTS It was only around 1910-1912 that industry began to realise that occupational accidents and diseases meant a severe loss, not only in terms of human life and health but also in terms of money. Once attention had been drawn to this side of the problem, industrial organisations, public authorities and scientific bodies in various countries began carrying out scientific research programmes with a view to determining the magnitude of the economic losses caused by industrial accidents and diseases. The results were indeed startling. Detailed investigations based upon some 70,000 accident files of one of the largest industrial accident insurance companies in the United States showed, for example, that on an average the indirect costs of industrial accidents amount to four to five times the direct costs (expenses for medical care, accident insurance, wage losses, etc.) of these accidents. Approximately the same relation between the direct INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 125 and indirect costs of accidents has been found to exist in other countries. A few examples will suffice to give an idea of the total economic losses due to industrial accidents in various countries. For the United Stales, estimates made by the National Safety Council 1 show that in 1947 industrial accidents were responsible for the death of 17,000 persons; disabling injuries totalled 2,050,000, of which some 90,000 involved some degree of permanent impairment, while the remainder resulted in temporary disability for one day or more. The loss of working time due to disabling injuries in 1947 amounted to about 280 million man-days—equivalent to the working time of approximately a million men for a full year. The costs of these injuries are estimated at around 2,600 million dollars. During the war years even higher losses were caused by occupational accidents.2 In Sweden, similar studies 3 carried out between 1946 and 1948 have shown that industrial accidents are responsible for the death of about 500 persons per year, while about 3,600 other persons are so severely injured as to be disabled for life and 290,000 are temporarily disabled for shorter or longer periods through injuries sustained during their work. The investigations also showed that no less than some 15 million man-days are lost every year in Sweden through industrial accidents and occupational diseases, and that the estimated total loss to the country's economy from this source amounts to at least 200 million kronor. In Norway, the Industrial Protection and Welfare Association recently published the results of similar investigations.4 According to these, the time loss caused to industry by occupational accidents and diseases amounts to about six million working days a year. It is self-evident that such losses of manpower are extremely serious, even for the strongest and best organised industrial countries. As the National Safety Council, Chicago, points out: In time of peace they increase unnecessarily the cost of living and reduce the margin of security for the industry suffering these accidents. In time of war the productive strength of the nation is weakened, and with it our offensive and defensive power. Thus safety becomes a matter of immediate concern of Government, for it is intimately a part of national economic health and of national security.6 1 NATIONAL SAFETY COUNCIL, Chicago: Accident Facts, 1948 edition, p . 20 et seq. 2 INTERNATIONAL L A B O U R O F F I C E : The Law and Practice relating to Safety in Factories: Part I—National and International Organisation; Part II— Legislation (Montreal, 1949), p . 2. This volume is hereafter referred to as Safely in Factories. 3 ARBETARSKYDDSNXMNDEN, Stockholm: Till kamp mot olycksfallen i arbetet (Stockholm, 1948). * Arbeiderbladet (Oslo), 29 A p r . 1949, p . 1. 5 NATIONAL SAFETY COUNCIL, Chicago: Accident Prevention Manual for Industrial Operations, p . ix. 126 LABOUR PROBLEMS IN TURKEY THE SITUATION IN TURKEY As regards the situation in Turkey in this respect, it must be said at once that there are at present hardly any data available on the basis of which the direct and indirect economic losses caused through industrial accidents in the country could be calculated with any reasonable degree of accuracy. Judging from experience in other countries with approximately the same number of industrial workers, there can hardly be any doubt, however, that in Turkey too these losses are very considerable, probably amounting to some 80-100 million Turkish pounds per year, and possibly much more. With regard to the number of working days lost through accidents, some information is contained in the annual report for 1948 of the Workers' Insurance Institution at Ankara. According to statistical data given in this report x the direct time loss caused through occupational accidents causing disablement for one day or more to workers employed in establishments subject to accident insurance amounted to over 200,000 man-days in both 1947 and 1948. This figure is, however, undoubtedly too low, since it does not include all the cases reported during the year, but only those definitely settled ; and it is too low also for another reason: from information obtained by the Mission on several occasions and at various places, it seems evident that a certain number of lost-time cases are not reported at all to the Institution. It is felt that for these reasons the figure of 250,000 will be nearer to the truth, for these accidents, than the figure of 200,000 given in the report. It should also be borne in mind when this problem is considered that out of some 650,000 industrial workers in Turkey today only about one half are covered by the industrial accident insurance scheme; this scheme also does not cover persons employed in handicraft shops, etc., the number of whom is about 150,000. If the accident rates (frequency and severity) for these workers can be taken as being the same as those for the workers covered by the industrial accident insurance scheme, disabling accidents to this group of the industrial population would be responsible for an additional direct time loss of approximately 450,000 man-days a year. i Table XIX of the report. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 127 Thus, the total direct loss of working time caused to the Turkish industry by disabling industrial accidents can be taken to amount to approximately 700,000 man-days per year. To this figure, however, must be added the losses caused by less serious (i.e., non-disabling) accidents and, further, the indirect time losses, i.e., the time lost by foremen and fellow workmen when a person is injured or killed in the plant, the time lost by the slowing down of processes, by damage to installations and material, by the enquiries into the causes of the accident, etc. According to experience from other countries the losses resulting from these sources can be estimated at about four times the direct loss. In other words, it would seem safe to assume that the indirect loss of working time through occupational accidents amounts to some 2,500,000 man-days a year. In the above figures no account has been taken of the fatal accidents. The report of the Workers' Insurance Institution for 1948 * shows that some 200 fatal cases were reported both in 1947 and in 1948. No data are available at present respecting such accidents in establishments not coming under the accident insurance scheme; it may be assumed, however, that a similar number of fatal cases occurred in these establishments, so that the total number of fatal accidents in Turkish industry can be taken as being around 400 per year. According to standard practice in most countries, a fatal accident is taken as representing a time loss of 6,000 working days (20 years at 300 days) 2 and if this figure is accepted for Turkey the additional direct loss of working time through fatal accidents in industry would amount to about 2,400,000 mandays per year. From the above figures it will be seen that the total time loss caused by occupational accidents in Turkish industry probably amounts to around five to six million working days per year, i.e., the equivalent of nearly 20,000 full-time workers. Everybody will agree that Turkey cannot, any more than other countries, afford or tolerate a steady drain of this magnitude on its national resources and that all possible steps should be taken to reduce the number of occupational accidents and the losses caused by them to the lowest figures possible. 1 a Op. cit., table XXI. In several countries, the figure used is 7,500 working days (25 years at 300 days). 128 LABOUR PROBLEMS IN TURKEY The Prevention of Industrial Accidents and Occupational Diseases GENERAL Exhaustive studies undertaken and experience gained in practically all the more industrialised countries have resulted in a vast amount of information on the subjects of industrial accident prevention and health protection becoming available to anybody interested in these problems. Literature dealing with these subjects, both in a general way and with reference to special industries, processes, machinery and installations, is abundant and easily obtainable in several languages; a bibliography of some of the most important books, etc., published in this field will be found in the report on safety in factories recently published by the International Labour Office.1 The International Labour Organisation has dealt with problems of accident prevention on several occasions, and probably no document in existence today gives a better and more concise outline of the measures and methods which, in the experience of the various countries, have proved most effective in enabling the number of accidents to be reduced and their gravity mitigated than the Recommendation (No. 31) concerning the prevention of industrial accidents, adopted by the International Labour Conference at its 12th Session, in 1929. The principles laid down in this Recommendation have lost none of their pertinence in the 20 years that have gone by since their adoption; on the contrary, the experience gained in the various countries during these two decades has fully confirmed them, and it is the considered opinion of the Mission that no better base could be found on which to form suggestions and recommendations to any country in regard to ways and means of securing better safety conditions in industry. The Recommendation is in four parts and deals with— (1) safety legislation, i.e., the laws and regulations concerning the prevention of industrial accidents in industrial establishments (Part III); (2) the investigation of accident causes, by means of research work, accident statistics, etc. (Part I); 1 Op. cit., p p . 1,633-1,661. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 129 (3) the organisation of safety work in industry and the means to be used for this purpose (Part II); and (4) collaboration in industrial safety work by accident insurance institutes and companies (Part IV). A brief analysis of the text of the Recommendation is given below, with particular reference to those points which, in the opinion of the Mission, should be given first priority in Turkey.1 SAFETY LEGISLATION International Standards Part III of the Recommendation of 1929, after stressing the fundamental point that " any effective system of accident prevention should rest on a basis of statutory requirements ", advises all States Members to prescribe by law the measures required to ensure an adequate standard of safety. The safety legislation should— (a) contain provisions laying down the duties of both employers and workers with respect to protection against accidents; (b) empower the officials responsible for supervising the enforcement of the safety regulations to give direct orders to employers, and—in the case of imminent danger—to require immediate compliance with such orders; (c) provide for the competent authority to consult with the representative organisations of employers and workers before issuing orders or regulations for the prevention of industrial accidents ; and (d) provide for the collaboration of the workers in securing the observance of safety regulations by the methods best suited to each particular country. In addition, paragraph 17 of the Recommendation stresses the desirability of having plans, etc., for new industrial establish1 For the text of the Recommendation, see Conventions and Recommendations, 1919-1949, op. cit., pp. 145-152. See also The International Labour Code, 1939 (I.L.O., Montreal, 1941), Chapter XLIII, Articles 343-366, pp. 252-255. 130 LABOUR PROBLEMS IN TURKEY ments, or for the substantial alteration or reconstruction of existing industrial establishments, examined by the competent authority before work is begun, so as to ascertain that the plans are such as to satisfy the requirements of the safety legislation. Besides the general Recommendation of 1929, the International Labour Organisation has also brought out a series of other more detailed standards bearing on problems of industrial safety, texts which every State Member of the Organisation should use, to the greatest extent possible, when framing new legislation or amending existing provisions concerning accident prevention in industry. The most important of these detailed texts are the following (in the chronological order of their adoption): (1) Convention (No. 27) concerning the marking of the weight on heavy packages transported by vessels, 1929. ' (2) Recommendation (No. 32) concerning responsibility for the protection of power-driven machinery, 1929.2 (3) Convention (No. 32) concerning the protection against accidents of workers employed in loading and unloading ships (revised 1932).3 (4) Convention (No. 62) concerning safety provisions in the building industry, 1937.* (5) Recommendation (No. 53) concerning safety provisions in the building industry 6, with annexed Model Safety Code, 1937.* (6) The Model Safety Code for Industrial Establishments.7 Other standards of this kind are in preparation by the International Labour Organisation, namely: (1) Model Safety Code for Underground Work in Coal Mines.8 (2) Model Safety Code for Civil Engineering Works.9 1 The International Labour Code, 1939, op. cit., Chapter XLVI, Articles 432433, pp. 252-255. 2 Ibid., Chapter XLIV, Article 367, p. 221. 3 Ibid., Chapter XLVII, Articles 434-453, pp. 255-282. 4 Ibid., Chapter XLV, Articles 368-386, pp. 221-228. 6 Ibid., Chapter XLV, Article 387, pp. 228-229. « Ibid., Annex to Chapter XLV, Articles 391-431, pp. 231-252. 7 Published by the International Labour Office under the title Model Code of Safety Regulations for Industrial Establishments for the Guidance of Governments and Industry (Geneva, 1949). 8 Since the writing of the present report this Model Safety Code has been adopted by a Tripartite Technical Conference in September 1949 and published by the International Labour Office under the title Model Code of Safety Regulations for Underground Work in Coal Mines for the Guidance of Governments and of the Coal-Mining Industry (Geneva, 1950). 9 Exists at present only as a preliminary draft. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 131 Turkish Legislation Basic Provisions. The Labour Code (Act No. 3,008, dated 8 June 1936) is the basic law on labour protection in Turkey. It covers all the manufacturing industries, and also mines and quarries, building construction and demolition work, civil engineering works, shipbuilding, transport on land and on inland waterways, and loading and unloading operations. In its original form, the Act did not apply to agricultural work ; but a Labour Act Amendment Bill, now under discussion, proposes, inter alia, the inclusion of such work under the Act. With regard to industrial safety and health, the Labour Code lays down certain basic requirements, the most essential of which are the following: (1) Obligation for the Administration (originally the Ministry of Economic Affairs and the Ministry of Health and Social Welfare, now the Ministry of Labour) to issue— (a) general regulations laying down " the measures and devices suitable for the prevention of accidents and infectious or occupational diseases to which the plant, tools, machinery and raw materials used in the undertaking are liable to give rise..." ; and (b) special regulations to lay down " the special measures to be taken in certain kinds of work where this appears necessary in view of the conditions and special nature of the work " (Article 55); (2) Obligation for the employer— (a) to " take the necessary measures in his undertaking for the protection of the employees' health and for safety in employment, and to ensure that all the plant is in good condition " (Article 54, first paragraph); (b) to " draw up rules of employment stating the conditions of employment and the employees' duties in respect of discipline, hygiene and safety ", and to post these rules up " at points in the undertaking where the employees can easily read them ", as well as to deliver a copy of the rules " to every employee who applies for it " (Article 29, paragraphs (1) and (4)); and 132 LABOUR PROBLEMS IN TURKEY (c) to " submit to the authority responsible for the administration of this Act . . . a detailed declaration . . . together with the necessary supplements " (plans, etc.), to " request the said authority to consider them and ascertain whether the undertaking to be thus established is in conformity with the provisions of the regulations ", and to remedy such defects as may be discovered after the opening of the establishment (Article 56, sections A, C and G); and (3) Obligation for the employees to " abstain from action contrary to these rules and provisions ". The Public Health Act, dated 24 April 1930, makes it the duty of every employer who employs regularly at least 50 persons " to entrust one or more medical practitioners with the medical supervision of his employees " (Article 180). The same article further provides for regular attendance by a medical practitioner " in large-scale undertakings and on work where accidents are liable to occur ", and for the installation of works hospitals in certain specified cásese This Act also contains certain provisions respecting dangerous, unhealthy and noxious undertakings (Articles 268-275). Regulations under the Labour Code. In accordance with the provisions of Article 55 of the Labour Code special regulations concerning industrial safety and health were approved by the Council of Ministers and published on 17 February 1941 (Decree No. 2/15,156). These regulations divide workplaces into two categories—" enclosed workplaces " and " half-enclosed or open-air workplaces ". The regulations deal, in some cases in considerable detail, with the following subjects: (1) hygienic requirements for factory premises and their dependencies, including structural requirements; lighting; heating; ventilation; cleaning; washrooms and toilet-rooms; lunch rooms; and the protection of the feet, hands and heads of workers in open-air workplaces ; (2) prevention of contagious and occupational diseases; (3) first-aid material and health facilities (sick rooms and hospitals and their installation, administration, etc.); INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 133 (4) measures for the prevention of accidents, including— (a) factory premises (buildings; means of access; exits; floors; artificial lighting; and protection against fire); (b) machines, tools, appliances and raw materials (prime movers and engines ; certain working machines ; transmissions ; electric conduits ; starting and stopping of machinery ; electric storage batteries; steam boilers; lifts and hoists; working clothes, etc.; and flammable substances); (c) half-enclosed or open-air workplaces (rock-blasting; building construction work; excavations); (d) establishment and operation of workplaces (classification of the health and safety provisions laid down in the regulations in two categories, namely, those that are to be considered as " basic or first in order of importance " and those that are deemed to be of a " secondary importance " ; procedure for the establishment of new workplaces, including the approval of plans, works rules, etc.). Observations. The Labour Code. Provided that the Amendment Bill referred to above 1 is adopted, the provisions of the Labour Code respecting industrial safety and health can, on the whole, be considered as satisfactory. However, some observations on certain points would seem necessary. (a) Article 29 (text as proposed by the Amendment Bill): the rules of employment fixing the employees' duties in respect of hygiene and safety which this article requires the employer to draw up should be distributed free of charge to all workers who can read them, and not only to those who apply for them, as laid down in paragraph (4). Further, in all establishments where this is at all possible, the workers should be given an opportunity to collaborate in the drafting of these rules and to suggest amendments to rules already in existence. Such collaboration would greatly contribute to the stimulation of the workers' interest in matters of accident prevention and health protection and thus constitute a very valuable means for the promotion of better safety conditions and, on the whole, of better relations between management and workers. 1 See p . 131. 134 LABOUR PROBLEMS IN TURKEY (b) Article 54: the first paragraph of this article should be completed by inserting a subparagraph requiring employers to see to it that workers are properly instructed as to the hazards of their work and the precautions necessary to avoid accidents. Paragraph 2 of Regulation 4 of the Model Safety Code for Industrial Establishments would seem suitable for this purpose. The second paragraph of this article requiring employees " to abstain from action contrary to these rules . . . " is considered as rather too negative and also as too limited. It is suggested that the provisions of Regulation 5 of the Model Safety Code for Industrial Establishments be used as a model for this paragraph. (c) Article 56: the requirement that employers intending to open new undertakings shall notify the competent authority and submit plans, descriptions, etc., of the buildings, installations and equipment of the new establishment for approval (section A) is in conformity with good practice and with international standards. The same is true with regard to the requirement (in section H) prescribing the same procedure in the case of substantial reconstructions, modifications and alterations of existing premises for which a permit has already been issued. As regards the provision (section A, third paragraph) requiring the employer to apply for an inspection and to obtain an official permit before work can be begun in the new establishment, it is true that this is the standard procedure in some countries; it seems rather complicated, however, and should be unnecessary, provided that the authority responsible for the administration of the Labour Code and the Regulations thereunder is up to normal standards and has been able to establish and maintain satisfactory relations with the employers in general. Having been informed of the establishment of the new undertaking (or the substantial alteration of an existing one), the competent authority should itself take the necessary steps to supervise the construction (reconstruction) and installation work, making inspections at proper intervals, without having to be called in by the employer. In this way, possible departures from the approved plans would be discovered in time and remedied at less cost than would be possible after completion of the premises; and a simple notification in writing to the competent authority, announcing the commencement of operations in the undertaking, would then be sufficient. Rather more important, however, is the distinction made in the Labour Code (and in the Regulations issued thereunder) INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 135 between what are called " primary fundamental requirements " and the so-called " secondary requirements " concerning " the protection of the employees' health and safety in employment " (sections C and H). No explanation of this distinction or any definition of the terms " primary fundamental requirements " and " secondary requirements " is given in the Labour Code itself; they are to be found in the Industrial Health and Safety Regulations of 17 February 1941 (Decree No. 2/15,156) \ and although we are dealing here with the provisions of the Labour Code it seems more convenient to discuss these definitions here than under the Regulations, which will be considered later. In Part V, Article 77, of the Regulations just referred to, the primary fundamental requirements 2 are defined as follows: (a) measures and requirements of fundamental and invariable nature relating to the construction of and installations in buildings being used or to be used as workplaces, as well as outbuildings thereof; (b) in the event of such technical appliances and devices as steam boilers and steam engines, motors, dynamos, transmission gears, high voltage installations, lifts and elevators being used or to be used in workplaces, measures and requirements of fundamental and invariable nature relating thereto; while the requirements deemed to be of secondary importance are stated to be— the health and safety measures and requirements prescribed in these Regulations other than those mentioned in the preceding paragraphs. It is rather difficult to see any real reason for this distinction between " fundamental " requirements and those of " secondary " importance. Indeed, from the point of view of accident prevention, any classification of conditions, installations, activities, etc., along the lines laid down in Article 77 is entirely useless and even contrary to good practice. To begin with, the wording of paragraph (a) and of the last part of paragraph (b) is extremely vague (at least in the English version), so much so that it is hardly comprehensible at all; indeed, unless a closer definition of the real meaning of these paragraphs is provided to those responsible for the enforcement of the 1 2 See p. 136. The English translation of these Regulations, distributed to the members of the Mission in Ankara, says " basic and first in order of importance ". 136 LABOUR PROBLEMS IN TURKEY Regulations, it would seem almost impossible to obtain anything near to uniformity in their application. It is therefore strongly recommended that this text be taken up for revision at an early date with a view to giving an exact definition of the terms " measures and requirements of fundamental and invariable nature ". The classification laid down in paragraph (b), on the other hand, must be considered as technically unsatisfactory for another reason. This classification makes no mention whatsoever of certain types of machine which have been shown by experience everywhere to be among the most dangerous of all industrial equipment. It includes among the technical appliances of fundamental importance such things as steam engines, motors and dynamos, for instance, appliances which today present fewer and much lower hazards than woodworking machines, punch presses, shears, drilling machines, certain types of welding equipment, and various other machines and appliances widely used in industry everywhere. There is ample evidence to show that these types of machine and equipment are responsible, in most countries, for a far greater number of serious occupational accidents than the installations and equipment enumerated in paragraph 6 of Article 77 of the Industrial Health and Safety Regulations of 17 February 1941. From the point of view of industrial safety, therefore, it is highly desirable that the Regulations on this point be amended and the distinction between the two categories of equipment entirely abolished or so modified as to include under paragraph (b) all the most dangerous installations and equipment; at the same time corresponding amendments should be made to the Labour Code itself, in particular to the provisions of Article 56, sections C, Ç and H. The first of the solutions here referred to, i.e., the abrogation of the two categories of installations and equipment, would seem preferable. Industrial Health and Safety Regulations. Before discussing points of detail concerning these Regulations a few observations must be made with regard to their scope. The Labour Code enumerates, in Article 3, the industries covered by its provisions ; it also provides, in Article 55, for regulations to be issued to lay down the requirements respecting industrial safety and hygiene to which establishments covered by the Code shall conform. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 137 It must be stated at once that the Industrial Health and Safety Regulations of 17 February 1941 (Decree No. 2/15,156) do not in any way cover all the industries or branches of industry enumerated in Article 3 of the Labour Code. Mines and quarries, for example, are not referred to at all in these Regulations ; the same is true, for all practical purposes, for a series of other branches, such as building construction (Article 3 (C)), civil engineering work (Article 3 (D)), shipbuilding (Article 3 (H)), and transportation and handling of goods (Article 3 (I)-(J)). This rather fragmentary character of the Regulations of 1941 creates a serious situation, in particular with regard to mining and more especially to coal mining, which is an important industry in Turkey. The preparation of adequate safety regulations for coal mines based on modern technical experience should, therefore, be started immediately, with a view to their promulgation at the earliest possible date. As plans are now under way for a large-scale mechanisation of the mines in the Zonguldak area, the need to issue modern mining safety regulations is becoming increasingly urgent. The coal mining safety regulations should preferably be drawn up and promulgated entirely separately from the regulations for other industries. They should be based, to the largest possible extent, on the Model Safety Code for Underground Work in Coal Mines.1 Regulations for metalliferous mines and for quarries should follow as soon as possible. With regard to building construction and civil engineering work entirely new regulations should be prepared and the provisions of Part III (Articles 73, 74, 75 and 76) of the Regulations of 1941 deleted there and embodied, with the necessary modifications, in the new regulations. It would be advisable to prepare two separate sets of regulations: one for building construction (i.e., building above ground) and another for civil engineering works (tunnels, excavations, road and railway construction and similar operations). For building construction a good basis is available in the Model Safety Code annexed to the Recommendation (No. 53) concerning safety provisions in the building industry, adopted by the International Labour Conference in 1937.2 For civil engineering works, use could be made of the preliminary draft of the Model Safety Code for Civil Engineering Works prepared by the International Labour Office. 1 2 See footnote 8 on p. 130. See p. 130. 138 LABOUR PROBLEMS IN TURKEY For shipyards (construction and repair work on ships) separate safety regulations would also be useful; for this branch also the International Labour Office could provide a considerable amount of basic material (texts of codes, etc., on this matter existing in the more industrialised countries). Loading and unloading of goods in ports, at railway stations, etc., should also be made the subject of special safety regulations. As far as loading and unloading operations in ports are concerned, international labour Conventions Nos. 27 and 32 should be used as a basis, together with such other material as may be available. The preparation and development of special safety regulations for certain other industries (the manufacture of explosives, for example) should also be considered. The International Labour Office will be glad to render any assistance it can to the Turkish Government in the compilation of material for, and the preparation of, safety regulations on the subjects referred to above. The contents of the Regulations of 17 February 1941 have been briefly analysed above *, but further comment on some of their provisions appears necessary. The main safety provisions of the Regulations of 1941 are to be found in Part IV, but first a few observations are called for on the articles in Part I which deal with structural requirements for workrooms in industrial establishments. While these provisions can on the whole be considered as sound, there are many points which are not covered at all or not dealt with in such a way and to such an extent as would be desirable. The figures respecting the height of ceilings and the cubic air space in workrooms are rather below international standards and ought to be brought into harmony with the provisions of the Model Safety Code for Industrial Establishments. The provisions respecting lighting of workplaces (Article 13) are too vague ; for example, instead of prescribing that " . . . pi nty of artificial lighting shall be provided ", definite standards (minimum lighting intensities) should be laid down, as far as possible on the basis of the provisions of Regulation 19 of the Model Safety Code for Industrial Establishments.2 1 2 See p. 136. It should be remembered that good lighting is an extremely important factor not only in the prevention of accidents but also in the improvement of both the output and the quality of industrial production. W ^ \i -SSÏA • i Q W ^ jfcä 1*V y*'-« ft. '***>'' ;" I Corner of a mine, Zonguldak C wt'3K *S? kf^'-. -3KI Dining-room for sugar factory workers, TJsak Press for cube sugar, TJsak INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 139 The provisions respecting heating and ventilation are also rather insufficient; for example, in Article 15, section (c),on ventilation in workplaces where dangerous gases, etc., may be released during operations, no mention is made of the use of enclosed apparatus for such processes, although this ought to be the first requirement; masks and similar equipment are usually prescribed only where totally enclosed apparatus cannot be used. Of the provisions in Part IV of the Regulations, the Mission considers that those in Chapter I concerning enclosed workplaces (Articles 49-56) should be made more detailed. The Model Safety Code for Industrial Establishments contains a series of provisions on these subjects which could usefully be taken as a model and adapted to the conditions in Turkey. This is particularly true and most important with regard to Article 56, on measures against fire; this article should be entirely redrafted and its provisions modelled on those in the international Code. The provisions in Chapter II of Part IV (Articles 58-71) are far too general in character to be of much practical use ; they are also arranged in a way which makes them look unnecessarily complicated and impedes their application. Some of them are even hardly applicable at all; others are unnecessary, at least in their present form. It is not possible here to go into detail concerning every point calling for observation. The whole chapter is a mixture of provisions apparently put together, possibly from different sources, by some one with only scant technical knowledge of the subjects in question, the risks involved and the best means of protection. A thorough revision and amplification of the whole chapter is necessary, and this work should be entrusted to a body of specialists and based to the greatest possible extent on the provisions of the Model Safety Code for Industrial Establishments. The persons in charge of the drafting of the new safety regulations should also have at their disposal the collection of national laws, regulations, etc., recently published by the International Labour Office.1 The new, or revised, safety regulations should apply to manufacturing industries only and should preferably be prepared and issued separately from those on industrial hygiene; they should be properly divided up into parts and chapters dealing with definite problems. While it is not absolutely necessary to adhere rigidly to the sequence of subjects followed in the Model Safety Code for 1 10 Safety in Factories, op. cit., Part II. 140 LABOUR PROBLEMS IN TURKEY Industrial Establishments, it would be good practice to do so, taking into account, of course, any special conditions which may influence this question with regard to Turkey. Since a proper lay-out and arrangement of the premises, together with good order and good housekeeping, well guarded machinery, adequate protection against harmful substances, and appropriate arrangements for the handling and transport of goods and materials in the plant are questions of fundamental importance for safety in any industrial establishment, special consideration should be given to the drafting of the parts dealing with these problems. While there would seem to be no reason why Turkey should not adopt and enforce modern technical safety regulations on the lines briefly suggested above, it might still be rather too early to lay down specific regulations concerning certain other points of considerable importance for the prevention of industrial accidents, namely, the selection, education and training of workers and their active participation, in the plants, in the campaign against industrial accidents. It would perhaps be preferable, in Turkey, to make a beginning in this field by arranging for some of the most modern and most advanced establishments of the Siimer Bank to introduce such measures as may be found possible and desirable in each particular case. Establishments such as the paper factory in Izmit, the shoe and leather goods factory in Beykoz and the Merinos textile mills at Bursa would seem to be particularly suitable for the role of pioneers in this particular field. During our visits we found that the management of all these establishments were taking great interest in the safety and health of their employees, a factor which is essential in any work of the kind here referred to. Active interest and participation by management have indeed been found to be of decisive importance everywhere where such schemes have been introduced ; and in view of the particular character of the industrial labour force in Turkey there can be no doubt that any attempt to arouse the workers' interest in safety work and enlist their active participation and collaboration on plant safety committees and in other safety work would be a complete failure without the most enlightened and most active co-operation of management. To ensure the complete success of this pioneer work, it would be essential that the local management of the factories collaborate to the best of their ability in this important work, and also that they have behind them the full backing and authority of the INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 141 top management of the Sümer Bank itself and of all the competent Government authorities, especially the Ministry of Labour and the Ministry of National Economy. The provisions respecting industrial health are given in Part II of the Regulations and include separate chapters on contagious diseases and occupational diseases. In addition, in Part III exhaustive lists are given of " compulsory therapeutic material and health facilities to be maintained in workplaces against industrial accidents ". The provisions concerning contagious diseases should, in the opinion of the Mission, form part of the Public Health Regulations rather than of the Industrial Health and Safety Regulations. This view is shared by the Chief of the Industrial Hygiene Section of the International Labour Office, who has been consulted on the whole text of the parts of the regulations dealing with industrial health. The Mission therefore refrains from expressing any further comment on this part. Concerning the provisions on occupational diseases the Chief of the I.L.O. Industrial Hygiene Section has made the following suggestions : Regulation 341 (a) The words " such as cramps . . . and the like " should be deleted and the following sentence substituted : " Such poisoning may be demonstrated by blood analysis or by symptoms such as abdominal colics, constipation, lead pallor, fatigue, paralysis, arterial hypertension, or mental disturbances". (b) The words " and similar ailments " at the end of the first paragraph, should be replaced by " and neurological symptoms ". (ç) The words " asthma, inflammation of the pharynx and chalicosis resulting from the inhalation of various dusts " and also the words at the end of the phrase " and baker's tuberculosis " should be deleted. In the next paragraph, after " chalicosis among stone-cutters ", the words " and tunnel workers " should be added, and the words " baker's tuberculosis " should be replaced by " baker's asthma ". Section (d) in the original text should be deleted, since white phosphorus should not be used in industry but be replaced by red phosphorus or other substances. (g) The text should be altered to read as follows : " Poisoning by handling or inhaling halogen derivatives of hydrocarbons". (g) The text should be altered to read as follows : " Pathological conditions resulting from exposure to radioactive substances or X-rays, primarily blood changes and skin lesions (ulceration, tumours, etc.)". (i) The words " and such chronic skin inflammations as eczema " should be deleted. 1 The text of regulations 34 and 36 will be found in Appendix III of the present report. 142 LABOUR PROBLEMS IN TURKEY (i) The words after " ankylostomiasis " should be deleted. A new paragraph should be inserted as follows: " (m) Dermatitis caused by various substances, to be determined by the competent authority." Regulation 36 Before (a) the following should be inserted: " Where practicable, the processes shall be carried out in airtight apparatus. When such apparatus cannot be used, the harmful substances shall, so far as practicable, be removed at or near the point of origin by means of fume chambers or suction hoods properly connected to efficient exhaust systems. " Where necessary the workers shall be provided with and shall use personal protective equipment. Such equipment alone shall not be depended upon to protect workers against dangerous substances except in connection with isolated and infrequent operations, but may be used together with positive measures to remove the risk, where such measures cannot be made to ensure adequately safe conditions." (a) In the first paragraph, the words " avoiding draughts during the " should be replaced by the word " adequate "; after " workplaces " the words " Worktables shall have a smooth surface and be kept clean " should be added. In the second paragraph, after " wetted ", the words " Fumes shall be removed by direct ventilation " should be added. At the end of the third paragraph, the words " masks shall be used " should be replaced by the words " adequate ventilation shall be provided ". The fourth paragraph should be altered to read as follows: " In undertakings engaged in the production of lead and its compounds, it is compulsory to provide shower accommodation for the workers." The fifth paragraph should be altered to read: " Workers employed in the manufacture or handling of lead and its compounds shall be supplied with suitable working clothes, and care shall be taken to see that such workers wash their hands and mouth before meals. At the end of the working day, workers shall take a shower before changing their clothes." (b) In the second paragraph, the words " workers shall be provided . . . are considered necessary " should be replaced by the words " the processes shall be carried out in a closed system or with adequate ventilation ". In the fourth paragraph, the words after " sublimated sulphur " should be replaced by the following: " and they shall take baths and brush their teeth every day ". (ç) The beginning of this section should read as follows: " In processes where exposure to siliceous or other harmful dust is probable, . . .". (e) The text of the first paragraph should be altered to read as follows : " In the case of processes involving the handling of arsenic, adequate ventilation shall be provided. As far as possible the processes shall be carried out in airtight apparatus. The employer shall see that the INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 143 workers wash their mouth and brush their teeth before meals and after work, in a place . . .". The second paragraph should be altered to read as follows: " In processes involving the handling of arsenic, gloves should be worn. Workers with chapped hands or with abscesses on the hands shall not be allowed to work." The text of the third paragraph should be altered to read as follows : " Adequate antidotes shall be maintained to be used forthwith in cases of acute poisoning." (f) In the second paragraph the word " glycerine " should be replaced by the words " protective ointments ". (g) The text should be replaced by the following: " Processes involving the use or handling of halogen derivatives of hydrocarbons of the aliphatic series shall be carried out in a closed system or with adequate ventilation." Other diseases should also be included, as for example: " poisoning by fluorine or its compounds and its sequelae; poisoning by cyanide or its compounds and its sequelae; poisoning by organic solvents, the nature of which should be specifically determined by the competent authority; deafness or severe hardness of hearing caused by prolonged exposure to severe noise". (i) In the first paragraph, the words "dust- or gas-absorbing openings or ventilators or " should be deleted. In the second paragraph, the words " apply glycerine to chaps on the skin " should be deleted. (k) After the word " ventilated " the rest of the paragraph should be deleted. Regulations 38, 39 and 40 The detailed lists in regulations 38,39 and 40 should be deleted and the following text substituted: " Every industrial establishment shall be provided, in addition to other medical services that may be in operation, with first-aid boxes for emergency treatment in case of accident or sudden illness. The contents of each first-aid box shall vary with the nature of the factory, in conformity with the relevant regulations of the competent authority, shall be inspected at least once every month and, if necessary, be replenished after each occasion of use." Regulation 41 To be deleted. It is recommended that, in addition to the amendments to the text suggested by the Chief of the Industrial Hygiene Section, the relevant provisions of the Model Safety Code for Industrial Establishments be studied and incorporated in the regulations to such an extent as may be found practicable, particularly Chapter X, Sections 1, 3 and 4, Chapters XI, X I I I , XIV and XV, and the tables given in Appendices III and IV. 144 LABOUR PROBLEMS IN TURKEY THE ENFORCEMENT OF SAFETY LEGISLATION General Remarks Even the best and most up-to-date safety legislation will be of little or no value if it is not properly applied and enforced. This is true for every country in the world, but particularly in countries in which industry is only beginning to develop on modern lines. In most countries the supervision of the enforcement of the safety legislation is a matter for the labour inspection services (or factory inspection services, .as they are called in some countries). The importance of these services is best shown by the fact that among the " methods and principles for regulating labour conditions which all industrial communities should endeavour to apply ", enunciated in Section II of the original Constitution of the International Labour Organisation (Article 41), one of the nine principles considered to be of special and urgent importance was that— Each State should make provision for a system of inspection, in which women should take part, in order to ensure the enforcement of the laws and regulations for the protection of the employed. International Standards The International Labour Organisation therefore took up this problem at an early date, and the Fifth Session of the International Labour Conference (Geneva, 1923) was entirely devoted to the question of inspection. The discussions at that session of the Conference resulted in the adoption of a Recommendation 1 laying down a series of principles for the organisation, functions and powers of labour inspection services. In this Recommendation, special consideration was given to the activity of inspectorates in the field of industrial safety and to the qualifications and training of inspectors; both these questions are closely linked together and both are of particular importance in the case of newly industrialised countries. The question of labour inspection was again considered by the International Labour Organisation at a preparatory technical conference held at Geneva in May-June 1939 2 and at the 30th 1 2 See The International Labour Code, 1939, Book VIII, Articles 611-631. I.L.O.: The Organisation of Labour Inspection in Industrial and Commercial Undertakings. Report to the Preparatory Technical Conference, Geneva, May 1939. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 145 Session of the International Labour Conference, held at Geneva in 1947. The Conference adopted in 1947 a Convention (No. 81) concerning labour inspection in industry and commerce, as well as a Recommendation (No. 81) concerning labour inspection and another Recommendation (No. 82) concerning labour inspection in mining and transport undertakings.1 The texts of the Convention and the Recommendations referred to above constitute the international standards to which the organisation and activities of modem labour inspection services should conform. The most important provisions of Convention No. 81 can be briefly summarised as follows: (a) the labour inspection service shall secure the enforcement of legal provisions on labour protection such as those relating to safety, health and welfare and supply technical information and advice on the best means of complying with these provisions (Article 3); (b) the competent authority shall promote effective co-operation between the labour inspection service and other Government services and between the inspection service and employers and workers and their organisations (Article 5); (c) labour inspectors shall be adequately trained (Article 7); (d) duly qualified experts in medicine, engineering, electricity and chemistry shall be associated in the work of inspection for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and of investigating the effect of processes, materials and methods of work on the health and safety of workers (Article 9) ; (e) labour inspectors shall be empowered to take steps in order to remedy defective conditions in plants and to prescribe measures with immediate executory force in case of imminent danger to the health or safety of the workers or to request the competent authority to prescribe such measures (Article 13); (f) labour inspectors shall report periodically to the central inspection authority on the results of their inspection activities (Article 19); (g) the central inspection authority shall publish an annual general report which shall contain statistics of industrial accidents and occupational diseases (Article 21). 1 Conventions and Recommendations, 717 and 717-718. 1919-1949, op. cit., p p . 704-714, 714- 146 LABOUR PROBLEMS IN TURKEY Both the Recommendation (No. 20) of 19231 and the Recommendation (No. 81) of 1947 contain supplementary provisions amplifying and explaining those of Convention No. 81. Recommendation No. 81, in particular, contains a series of measures respecting the duties of labour inspectorates with regard to accident prevention in industry and to collaboration of employers and workers in regard to health and safety. It also specifies in considerable detail the subjects on which information should be given in the annual reports of the labour inspection services. The Labour Inspection Services in Turkey The Present Organisation. At present, Turkey is divided into 20 inspection districts (regional inspectorates) with a total number of 59 labour inspectors or assistant inspectors. Attached directly to the Ministry of Labour, these regional authorities in principle come under the General Directorate of Labour, but receive instructions from the General Directorate for Industrial Health in all questions concerning safety and industrial health. The number of inspectors attached to each district varies according to the importance of the industry in the different districts. At present, five districts are considered as being of special importance, namely: Istanbul (24 inspectors); Izmir (11); Seyhan (6); Ankara (5); and Bursa (3). The coal mining region of Zonguldak is another important district, but has only one State labour inspector, as a number of special supervisors of the Eti Bank are on duty in the mines. According to information given to the Mission, the total number of labour inspectors provided for in the budget of the Ministry of Labour is 68. Observations on Present Organisation. Number of inspectors. From the point of view of numbers, it would seem that an inspection force of 68 should be sufficient for the regional inspectorates, under present conditions. It will probably be insufficient, however, if the obvious need for strengthening the central inspection authority in the Ministry of Labour is taken into account. Qualifications and training. A problem of even greater importance than the number of labour inspectors is their training. 1 Conventions and Recommendations, 1919-1949, op. cit., pp. 72-79. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 147 According to information obtained in Ankara, there is practically no technically trained personnel in the Turkish labour inspection force today. The inspectors have, in the great majority of cases, a degree in law, political sciences or economics, but no technical training at all. This was also clearly demonstrated during the visits of the Mission to industrial establishments in the different regions; in many cases even the simplest and most common problems of machine guarding, for example, were not understood or were simply overlooked by the local inspectors accompanying the Mission. As far as adequate supervision and enforcement of safety and health provisions for industry are concerned, it can be said that the appointment of even a much greater number of inspectors would be of no practical value if their technical qualifications were on the same level as those of the present staff. In other words, the most important problem in this field in Turkey today is the addition to the labour inspection force of a sufficient number of persons with adequate technical training. This applies both to the central authority in the Ministry of Labour and to the regional inspectorates, especially to those of the latter which are considered as particularly important. The lack of technically trained inspectors is a very serious matter and must be remedied as soon as possible if any satisfactory results are to be achieved in regard to the prevention of accidents and the protection of health in industry. It must be stated that with regard to this particular point the labour inspection services in Turkey today are considerably below the international standards laid down in the Convention and Recommendations referred to above. This deplorable situation makes it impossible for the labour inspection service in Turkey today to carry out the functions laid down in international labour Convention No. 81, Article 3, of securing adequate enforcement of the provisions relating to safety and health and of supplying technical information of any value concerning the best means of complying with these provisions. The investigation of the " effect of processes, materials and methods of work on the health and safety of workers " required under Article 9 of the same Convention is also made practically impossible by the lack of qualified personnel; and this is a very serious and important problem. The same is true with regard to the investigation of accident causes, a problem considered everywhere as being of basic importance for safety work. 148 LABOUR PROBLEMS IN TURKEY Finally, it will obviously be impossible for any inspector with no better qualifications than those of the Turkish inspection staff today to take any effective steps to remedy defective safety or health conditions in plants, as he may not even be capable of determining whether conditions are defective or not. Reports and statistics. According to the international standard (Convention No. 81, Articles 19 and 21), labour inspectors should submit reports on their activity to the central inspection authority, and the authority should issue an annual general report, the contents of which are fixed in considerable detail in the Convention itself and also in Recommendation No. 81, already referred to above. At present, no satisfactory system of reporting exists for the labour inspection services in Turkey. The Mission was informed that the regional inspectorates are required to report to the central authority in the Ministry of Labour, but that these reports are, in most cases, merely routine reports without any information of technical importance; it seems, moreover, that no practical use is made of these reports, which are simply filed in the archives of the competent central authority. Further, no annual reports are published by the central authority, and no statistics of accidents and occupational diseases are prepared by the labour inspection services. This unsatisfactory situation is certainly also due, to a large extent, to the lack of qualified personnel, both in the regional inspectorates and in the central services in the Ministry of Labour. Proposals for Reorganisation of the Services. General remarks. It is not possible to determine with any reasonable degree of accuracy the cost to the economy of the country caused by the unsatisfactory state of affairs in the labour inspection services. The detrimental effect is certainly considerable and probably much greater than the additional appropriation that would be required in order to bring these services up to a satisfactory standard. An efficient, technically well qualified and properly trained labour inspection force is considered, in all industrial countries, as being of the first importance in the development of better working conditions, higher standards of safety and health and, hence, greater efficiency and increased output in industry. The Mission therefore considers that it would be in the best interests of the country for Turkey to take all necessary steps in order to bring INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 149 its labour inspection system up to the international standards or as near to them as possible. In this connection, the question of salaries is very important. According to information obtained from the Ministry of Labour, only four of the 59 labour inspectors in Turkey today receive a net salary (take-home pay) of more than 300 Turkish pounds per month; 18 inspectors have a net salary of between 200 and 300 pounds and 24 a net salary of under 200 pounds; in some cases the net salary is less than 160 pounds a month. With the cost of living at the level it has attained in Turkey at the present time it is obvious that on such salaries no adequately qualified, trained and sufficiently reliable personnel can be recruited for the labour inspection forces. The first step, therefore, must consist in the establishment of a more adequate salary scheme than the one in force at present. Technical labour inspectors must be given salaries that will attract really competent persons and make it possible for the Ministry of Labour to build up an efficient inspection force; this applies to both the central and the regional services, as well as to any special inspection services that might be set up—a problem which is dealt with below. The Mission is aware, also, of another difficulty which stands in the way of a rapid development of an effective labour inspection force in Turkey, namely, the scarcity of technically qualified persons in the country. There are a number of ways in which this difficulty might be overcome: capable persons of the present staff could be sent to certain highly developed industrial countries for, say, one year's practical training in technical inspection work; training courses could be arranged in Turkey itself, e.g., at the technical university at Istanbul, if necessary with the assistance of qualified experts from abroad; or similar courses could be held as part of the technical assistance programme (Truman Plan) now in preparation under the auspices of the United Nations. The International Labour Office could certainly also be of considerable assistance in the preparation and the carrying out of such training programmes. Reorganisation of inspection services. In Turkey today labour inspection is organised as one single, undifferentiated service, which is responsible for the enforcement of the labour protection legislation in all the various branches of industry. This, in the opinion of the Mission, is not a good practice; the experience in most industrial countries shows that the better way is to set up 152 LABOUR PROBLEMS IN TURKEY On this assumption, then, it is considered that in order to bring these regional inspectorates up to satisfactory standards four technical inspectors would be required at Istanbul, two at Izmir, and one in each of the other three regions (Seyhan, Ankara and Bursa). These inspectors should hold degrees in different technical sciences, some, for example, in mechanical engineering, some in technical chemistry, and others in other special technical branches; and arrangements should be made for the technical inspectors to render assistance in other regions as well, for instance, in the case of emergencies or when special problems have to be dealt with. It would also be advisable to consider the desirability of appointing special boiler inspectors, at least for the most important industrial regions ; unless the technical inspectors referred to in the preceding paragraphs could take over these duties, the appointment of qualified boiler inspectors would seem necessary. As has already been stated, the regional inspectors and directors submit reports to the Ministry of Labour. To ensure that they are duly followed up, the reports are forwarded for scrutiny by the General Directorate of Labour; reports concerned with questions of industrial health, and safety are forwarded to the Directorate of Industrial Health. In view of the essential tasks necessarily devolving on the Directorate of Industrial Health, the Mission suggests that the present system might usefully be modified along the following lines. 1 The General Health Directorate should be remodelled and given the title " General Directorate for Industrial Safety and Health " (or some other appropriate title, less limitative than the present one) under a competent and duly qualified DirectorGeneral, who should be an expert, preferably an engineer, with adequate training in both administrative and technical matters. The Assistant Director-General should be a well qualified medical doctor, with special experience in matters of industrial hygiene and occupational diseases. There should be one general technical (industrial safety) section and one medical (industrial hygiene) section, the first under a capable technical expert, the second under a medical doctor. The general technical section might conveniently consist of 1 See c h a r t on p . 162. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 153 three engineers (mechanical, chemical, electrical) and one architect, with an adequate number of lower technical and clerical staff. This section would include several services, for example : a general technical service dealing with plans of new establishments, industrial premises, lifts and hoists, fire protection, etc. ; another dealing with machine guarding, boiler inspection and similar problems; a third dealing with electrical installations; and, at a later date, such other branches as might be found necessary in view of industrial development. A special technical section should also be established; this section might conveniently include the central mining inspectorate and the special inspectorates for the building and civil engineering industries, shipping x and such other inspectorates as it may be found desirable to set up later. The medical section might be organised on lines similar to those of the general technical section, perhaps with one service for industrial hygiene in general and another, more specialised, for occupational diseases. Both services should be directed by capable medical men with special training in the subjects for which they would be responsible, and should have adequate staff of lower grades. The existing research section of the General Directorate for Industrial Hygiene should be maintained and strengthened, especially as regards the statistical service. This section should prepare current statistics of accidents, built up along modern lines and giving all the details required under international standards, especially the Labour Inspection Recommendation (No. 81) of 1947. Much of the technical research work could be entrusted to the technical sections, so that the activity of the research section in this field could be limited to co-ordination and publication. As regards translation work (of technical material in foreign languages and of summaries of Turkish studies, reports and similar material into English and/or French), it would probably be best to centralise all this work in the Research Council, in collaboration, of course, with the specialised services in the General Directorate for Industrial Safety and Health. 1 Unless it is found more convenient to locate this service in Istanbul, in which case it could report directly to the General Directorate for Industrial Safety and Health. 154 LABOUR PROBLEMS IN TURKEY Investigation of Accident Causes INTERNATIONAL STANDARDS " Enquiry into the causes and circumstances of accidents and the study, by means of statistics of accidents in each industry as a whole, of the special dangers which exist in the several industries, the ' laws ' determining the incidence of accidents and, by comparison over a series of years, the effect of the measures taken to avoid them ", are considered in international labour Recommendation No. 31 of 1929 1 as the foundation of the study of accident prevention. Experience in practically all the more highly industrialised countries has proved that the above statement is justified and true. It is indeed a general rule that if one wants to prevent an occurrence of some kind or other, the first requirement is to know how and why the occurrence is caused. The means of investigation and the problems to be investigated as set out in the Recommendation referred to can be briefly summarised as follows: (1) the numbers, causes and circumstances of accidents in each particular branch of industry should be studied, and public services, supervisory services, industrial organisations, technical associations, accident insurance institutions, etc., should collaborate in this work; (2) technical, material, physical, physiological and psychological factors should be investigated; (3) scientific research into the best methods of vocational guidance and selection and their practical application should be encouraged ; (4) exchange of experience between States should be organised through the International Labour Office; and (5) the States should establish central departments to collect and collate statistics relating to industrial accidents, and their statistics should be developed along lines sufficiently similar to allow comparative study of the statistics of different countries. 1 Conventions and Recommendations, 1919-1949, op. cit., p p . 145-152. ft, . t , f « *»~ V w SL ^ Workers' dwellings in the lignite district •* • * Interior view of the hospital, Karabiik Infirmary for workers in Usak sugar factory INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 155 Much is being done in the various countries today to comply with the above desiderata, and the results must be considered as encouraging. There is one field, however, where all efforts have, so far, led to no fully satisfactory results, namely, that of international standardisation of accident statistics. However, if each country bases its statistics on the standards recommended by the International Conferences of Labour Statisticians *, a great step will have been taken towards the desired goal. THE SITUATION IN TURKEY Research Work. Information gathered in Ankara at the beginning of the Mission's investigation made it clear that no official or private institution is carrying out, in Turkey today, any real research work or investigation of causes and circumstances of industrial accidents or into the different factors influencing such accidents. The Mission expected, however, to find some statistical and other basic material on accidents and their causes in the large State-owned concerns of the Siimer Bank and the Eti Bank, but this proved not to be the case. Both these institutions were asked to furnish such statistics and other information on accidents as they might have assembled for their various undertakings. No information was available directly, and it took both institutions a considerable time to put their material together in a presentable form ; and on analysing the material furnished it was found that it was far too rudimentary to be of any use for purposes of accident prevention. It would also seem, from explanations given to members of the Mission during their visits to certain establishments, that the data furnished by some of the undertakings are rather inaccurate and, for that reason also, unsuitable as a basis for serious safety work. It must be considered as an established fact, therefore, that in Turkey no measures have been taken with respect to the essential points, such as those enumerated in Articles 1 to 5 of the Recommendation of 1929. While it is realised that great difficulties exist in this field today, in particular with regard to qualified personnel to undertake the 1 See I.L.O.: International Conference of Labour Statisticians, Studies and Reports, Series N, No. 4 (Geneva, 1924), pp. 73-76; and The Sixth International Conference of Labour Statisticians, Studies and Reports, New Series, No. 7 (Part 4) (Geneva, 1948), pp. 63-64. il 156 LABOUR PROBLEMS IN TURKEY research work described in the first three points, it would seem, nevertheless, that a modest beginning could be made. It ought to be possible, for example, for both the Stimer Bank and the Eti Bank to find at least one or two qualified persons to take this work in hand in their undertakings, or to select suitable persons from their staff and have them trained abroad for this specific purpose. The State should also shoulder its part of the burden. As soon as the Central Labour Inspection Authority is reorganised and adequately staffed, accident investigation and research work on modern lines should be made one of its most important tasks. In this field, as in all other phases of accident prevention work, the co-operation of industry itself, both State-owned and private, of the Workers' Insurance Institution and of employers' and workers' organisations should be enlisted. At a later date it might even be possible to set up some kind of specialised State institution, e.g., an Industrial Safety and Health Research Institute, to centralise and co-ordinate research work in this important field. Accident Statistics. The only official accident statistics existing in Turkey today are those compiled by the Workers' Insurance Institution at Ankara and published in the Institution's annual reports. It must be said at once that for prevention purposes these statistics are utterly insufficient, in the first place because they cover only workers in establishments liable to compulsory accident insurance and secondly because they give information only on the number of accidents and the duration of incapacity caused by them. They make no attempt whatsoever at any classification of accidents according to causes or even according to the kinds of operation in which they occurred. These statistics are therefore of practically no use for accident prevention work. In most of the industrialised countries many of the most important industrial establishments—in some countries practically all—keep their own detailed accident statistics and furnish annual reports to some central organisation as, for example, the National Safety Council in the United States and the Royal Society for the Prevention of Accidents in Great Britain. Such statistics are of immense value to the safety departments of the undertakings and to industry as a whole, as they enable INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 157 these departments (and the central organisation) to carry out detailed studies of the causes and circumstances of the accidents and make it possible for the various undertakings to profit from each other's experience. It goes without saying that in order to be of real use to the undertakings these statistics must be kept constantly up to date and be based on expert investigation of the causes, circumstances and consequences of every accident. As has been stated above, no such statistics are kept by any industrial concern in Turkey, and it would seem safe to say that no-one in the whole country has more than a vague notion of even the most important and most serious factors contributing to industrial accidents today. This is a serious situation and one that is becoming increasingly alarming with the growing industrialisation of the country. It is therefore of the greatest importance that it be remedied as soon as possible. Attention has been drawn above to the necessity of a statistical branch in the Central Labour Inspection Authority in the Ministry of Labour and of the preparation of statistical tables concerning accidents and occupational diseases and the publication of such tables in the annual reports of the Central Labour Inspection Authority. These statistics, however important and necessary for the current supervision of the accident situation throughout the country's industry (by the labour inspection authorities and by industry itself), will not be sufficient for the detailed long-range study of the causes, circumstances and consequences of industrial accidents and diseases and their trends. Therefore, while the establishment of the statistical service of the Central Inspection Authority should be given first priority, serious consideration should be given at the earliest possible moment to the organisation, in the National Institute of Statistics at Ankara, of a special branch for the elaboration of adequate statistics on modern lines concerning industrial accidents and diseases from every useful angle. In addition to these official statistics, all the more important industrial concerns, and particularly those of the Sümer Bank and the Eti Bank, should be encouraged to follow the example of industry in other countries and to keep sufficiently detailed statistics of accidents and occupational diseases in their establishments. Statistics of this kind will be of considerable value also to the labour inspection services. 158 LABOUR PROBLEMS IN TURKEY Accident Reporting. The basis of any accurate and detailed accident statistics, including the causes and circumstances of the accidents, are the accident reports. Such reports must be drawn up immediately on the spot by a responsible person, the foreman, for example, and should give all details that are required for a precise determination of the various factors that contributed to bringing about the accident and of their relative importance. In order to ensure the greatest possible uniformity of accident reports throughout the country, it would be advisable for the Central Labour Inspection Authority (or the Ministry of Labour itself) to prescribe special forms for such reports (with separate forms for mines and quarries). Safety Organisation in Industry PRACTICE IN OTHER COUNTRIES No safety work in industry can achieve full success unless there is effective co-operation between the competent supervisory authorities (i.e., in most cases, the labour inspection services), management and employees (foremen and workers). Therefore, in most industrial countries today the trend is for industrial establishments to set up some form of internal safety organisation in which management and employees take an active part and which, in its turn, co-operates with the inspection authorities. In many countries large undertakings usually have special safety services under the direction of a qualified safety engineer reporting directly to the managing director or another responsible member of the management. Many undertakings also have safety committees, on which the management and the workers are represented, usually under the chairmanship of a specially appointed representative of the general manager. The committees meet at regular intervals, inspect the plant, investigate accidents and examine suggestions concerning safety problems, etc. In very large plants there may be special safety committees in each department and, in addition, a central safety committee, usually composed of representatives of the management and of each of the departmental safety committees. INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 159 Where a safety service exists, there is close collaboration between that service and the safety committee. Undertakings which are too small to have a safety committee may have safety delegates, who should be nominated by the workers themselves. In fact, in several countries today the Labour Code makes it an obligation for the workers to appoint such delegates and for the employer to accept the delegates so appointed, to collaborate with them and to give them the opportunity to see the labour inspector personally when the latter visits the establishment. In undertakings that have a safety committee, these workers' delegates act as workers' members on the committee. It would lead too far if we were to go into further details concerning the set-up and the functions of the different types of works safety organisation. It must suffice here to refer to the legal provisions existing on this subject in some countries, provisions which are to be found in Chapter XLII, Section 4 1 , of the volume on safety in factories, and to the provisions of Chapter XVI, Regulation 241 2, of the Model Safety Code for Industrial Establishments. SUGGESTIONS FOR TURKEY The great instability of the industrial labour force in Turkey today and the comparatively low educational standard, both generally and technically speaking, of a large part of the workers would make it difficult at the present time to appoint workers' safety delegates in industry. However, this matter should be borne in mind both by the competent Government services and by industry itself, and a trial should be made as soon as it is possible to find some undertakings where conditions might be suitable for the appointment of such delegates. It must be clearly understood, however, that it will depend to a very large extent on the attitude of management whether such a measure is to be a success or a failure; and that unless the management of a particular plant is sincerely interested in the matter and willing to co-operate fully with the safety delegates it is not worth trying. On the other hand, it is equally essential that the safety delegates have the confidence of the workers. Wherever possible they 1 8 Op. cit., p p . 1,567-1,578. Op. cit., p p . 463-468. 160 LABOUR PROBLEMS IN TURKEY should be nominated by the workers themselves; if that cannot be done the workers should be consulted as to the persons to be appointed as their delegates. The same difficulties exist with regard to the appointment of workers' representatives to serve on safety committees. Here it might be possible, however, in some of the undertakings of the Siimer. Bank, for example, to proceed in the following way: a safety committee, composed of two or three foremen, one or two engineers and a responsible management representative as chairman, could be appointed with two or three of the best qualified workers serving, first, as a sort of " apprentice " on the committee and later, when they had become conversant with the different safety problems and gathered sufficient experience in the committee's work, as full members. By repetition of this process the undertaking after a certain period would have a number of workers trained for this purpose; and thus a first step would have been taken and a procedure developed that might well be of sufficient value to attract the attention of other industrial concerns and thus spread interest in accident prevention to a far wider circle, both in State-owned and in private industry. Finally, as regards the establishment of special safety departments in industrial undertakings, it is felt that here also the Stateowned establishments ought to take the lead. The Mission is aware of the existence of such a department in the iron and steel mills at Karabük, but as far as it could ascertain this undertaking is the only one of the whole Siimer Bank concern which has such an organisation. It would seem, however, that many other of the undertakings operated by the Siimer Bank, as well as the mining concerns of the Eti Bank, could usefully set up similar departments and thereby make a very important contribution to accident prevention work in Turkey, serving as an example and a guide to private industry in this particular field. Preferably, both these institutions, and especially the Siimer Bank, should set up both a central safety department at headquarters and local safety departments in each one of its most important undertakings. Both the central department and the local departments should have the full backing of the management, and both in the Central Office at Ankara and in the different undertakings a responsible management representative should be entrusted with the supervision of all the safety activities. The local safety departments should investigate all disabling INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 161 accidents, determine their causes and report regularly, preferably each month, to the central department, which might be called upon to assist the local departments whenever such assistance would be deemed desirable. Both the central and the local safety departments should collaborate with the technical labour inspectors, and regular meetings of safety men from the different undertakings (in the case of the Eti Bank, from the different mines) should be held, preferably at each undertaking in turn. Both these State institutions should be requested to publish annual reports on their activities with regard to safety. If the safety work were taken in hand by capable men in the central directorates, who took a real interest in safety work, there could hardly be any doubt as to its success; and this would mean immensely powerful stimulation to private industry to follow in the path thus shown by the State-owned undertakings. The most important tasks of such safety departments are set out in condensed form in Part II, paragraph 8, of the international labour Recommendation (No. 31) of 1929. This paragraph, together with the provisions of Regulation 241 of the Model Safety Code for Industrial Establishments, should be used as far as possible in the different undertakings as a basis for the organisation and work of the safety departments. In any case, however, great care should be taken to see that the methods used are identical, to the greatest possible extent, in all undertakings. This is particularly true of the methods for the compilation and tabulation of statistics of accidents and dangerous occurrences; here, nothing but absolute identity will be satisfactory. Voluntary Safety Organisations In a great many countries, including several of the smaller ones, voluntary organisations have been set up to collaborate in the campaign against accidents in industry. There is no need here to go into any detail of the various forms and functions of these organisations, since a comprehensive study of these subjects has recently been published by the International Labour Office, to which anyone who needs information on this subject can refer.1 A few remarks are necessary, however, on the general aspects of this subject, with particular reference to Turkey and to the 1 Safety in Factories, op. cit., Part I and Appendices I-III. PROPOSED ORGANISATION OF THE GENERAL DIRECTORATE FOR INDUSTRIAL SAFETY AND HEALTH 05 to GENERAL DIRECTORATE > a o a w Assistant Director-General 13 v o » r M S H Medical Section Occupational Diseases Service General Technical Section Research and Statistical Section Special Technical Section Industrial Hygiene Service General Technical Service Machine Service Electrical Service Mines Service Civil Engineering Service Shipping Service Statistical Service Research Service M INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES 163 possibility of introducing such organisations there in some form or other. From conversations with high Government officials in Ankara and also with representatives of private industry, it would seem to the Mission that the time is not yet ripe for the creation of a voluntary safety organisation. The General Directorate of Industrial Health even stated, in reply to a written questionnaire, that " the establishment of an industrial safety council in our country appears to be impossible at the moment " ; some of the representatives of private industry with whom this problem was discussed also stated that, while the creation of some kind of nation-wide industrial safety organisation seemed very interesting, they thought that it might still be rather premature to take such a step. On the other hand, representatives of both the Sumer Bank and the Eti Bank expressed the opinion that a national industrial safety organisation ought to be set up; and the Mission gathered the impression that both these institutions would be ready to co-operate in the creation of such an organisation. There can be no doubt that, in Turkey as in other countries, such a voluntary organisation—absolutely non-political and dedicated solely to active participation in the protection of workers' lives and health, to making Turkish industry as safe as possible, and thereby helping to reduce the human and financial toll taken yearly by industrial accidents—could be of very considerable assistance in the struggle for safer working conditions in industrial establishments throughout the country. The Mission is of the opinion, therefore, that both Government and industry should do their best to remove as quickly and completely as possible any obstacles that may stand in the way of the creation of such an organisation. In conclusion, a few observations on the possible set-up of such an organisation might perhaps be of some use. It would probably be a good solution in Turkey to adopt a scheme similar to that of the province of Ontario (Canada) x , under which the Workers' Insurance Institution would be authorised to contribute a certain amount each year to help the safety organisation (or association, as it might perhaps better be called) to meet expenses. In addition, the association should be organised in such a way as to make possible the participation of the whole industry of the 1 See Safety in Factories, op. cit., p p . 32-36. 164 LABOUR PROBLEMS IN TURKEY country, both State-owned and private. And in this connection there is an important point that should not be overlooked. As stated above, the association should be an entirely non-political (and non-profit-making) body open to all industries; it would be very undesirable therefore to allow any controversies to develop within the membership, in particular between State-owned and private industry. It must be recognised by all that the association is to work for their mutual benefit and that only the best methods and men available should be selected, regardless of where they come from. CHAPTER VI INDUSTRIAL RELATIONS Introduction The role played by strong and independent occupational organisations of employees and employers, both in the settlement of wages and conditions of employment and in the economic and social organisation of the modern State, is well established. It is, therefore, only natural that this subject should be one of paramount interest and importance in Turkey at the present time, when such organisations are in the formative stages. The population of Turkey consists of approximately 19 million inhabitants, of whom nearly eight million are employees or employers within the broad meaning of the words. Official figures give the following division of the active population by groups of occupations: farming, forestry and fishing, 6,480,000; industry, handicraft and mining, 656,000; commerce, transport and communications, 340,000; public administration and professional services, 398,000; and domestic and personal services, 47,000. Since 1936, relations between employers and employees have been governed by provisions of the Labour Code, which regulates employment contracts and the organisation of work, prohibits strikes and lockouts, and establishes compulsory conciliation and arbitration procedures for the prevention and settlement of disputes. The Code applies, generally speaking, to persons partly or wholly engaged in the performance of manual work in undertakings where at least 10 persons are normally employed. At the end of 1948 some 300,000 employees and approximately 3,100 establishments wherein they were employed were deemed to be within the scope of the Code. It is within this same sector (i.e., the sector coming within the scope of the Labour Code) that occupational organisations, particularly those of employees, are primarily concerned, for, apart from the industrial importance of this sector, it is here that considerable numbers of workers are 166 LABOUR PROBLEMS IN TURKEY grouped together, working in large undertakings under more or less identical conditions. When the Labour Code was enacted in 1936 it was not considered necessary to make provision for the operation of occupational organisations, and the system of representation of employees' interests was built around employees' delegates selected by the workers in each undertaking. In July 1938 existing measures regulating the formation of organisations were replaced by the Associations Act (subsequently amended in July 1946), under which organisations having but one field of activity might be formed for purposes other than profit making. Subsequently, the Trade Union Act of 20 February 1947 was enacted. Under this Act occupational organisations could be formed freely for the purpose of mutual aid and of protecting and representing the common interests of their members and could engage in a number of activities. All employees' and employers' associations previously formed under the Associations Act for the purpose of promoting the aims mentioned in the Trade Union Act were required to conform to the provisions of the latter Act within a period of six months or cease their activities. However, during this period the Labour Code was not altered, so that, while occupational organisations have as their purpose the representation of their members, the existing system of employees' delegates substantially precludes the trade unions from the vital activity of representing their members in negotiating collective conditions of employment through the disputes procedures of the Code. Moreover, neither the Associations Act nor the Trade Union Act contains adequate provisions designed to protect members from discharge or other discriminatory treatment because of their membership of or activity in an organisation, while under provisions of the Labour Code employers are free to terminate the contract of employment simply by giving notice and paying a specified compensation. As a result, the activities of employees' organisations have been largely channelled to mutual benefit activities, which are necessarily limited by their financial resources. These activities are beneficial and necessary to the employees, but they are not the main functions of trade unions. In view of these considerations, it is remarkable that the employees' organisations have reached their present strength in the short period since February 1947. By March 1949 some 70 trade unions, with a membership of approximately 75,000, had been formed voluntarily under the Trade Union Act. Regional INDUSTRIAL RELATIONS 167 federations have been formed by 17 of the different trade unions in Istanbul, with a membership of about 14,000, and by three of the trade unions in Bursa, with some 1,600 members; a third federation is being formed in Izmit. In March 1949 no industrial federations had been formed by the trade unions of any industry, nor had confederations of regional and industrial federations yet come into existence. The progress of organisation has not reached the stage where a national trade union movement is being contemplated. On the employers' side only three voluntary organisations have been formed under the Trade Union Act, with a total membership of 64 employers. The lack of voluntary activity on the part of the employers may be explained, at least in part, by their compulsory membership of various organisations set up under the Act respecting chambers of commerce and industry and the National Protection Act. Under the former, chambers of commerce and industry have been established in suitable economic areas for the protection of the commercial, industrial, financial, economic and occupational interests of their members, and are consultative organs of the Government in relation to laws and regulations respecting commerce and industry. The regional industrial unions formed under the National Protection Act in Istanbul and Izmir are of a more temporary character and are subject to dissolution by Government order. They have as members all industrial employers in the respective areas and were established for the primary purpose of aiding the Government to secure maximum production and efficient utilisation of raw materials and resources during the war, but they are also interested in employer-employee relations and problems. If organisations of employees and of employers are to obtain the strength, prestige and independence that will enable them to assume their full share of responsibility in the economic and social development of the modern State, certain steps must be taken. The employees and employers must have the right to form and join organisations of their own choosing for their mutual aid and protection and to carry on their lawful activities free from interference by the State. The exercise of the right of association, especially by the employees, who, by reason of their weaker economic position, are more liable to suffer from discriminatory measures, must be adequately protected from interference by private persons (as distinguished from the State) who seek to nullify the right; and the organisations thus formed and protected must be entitled to 168 LABOUR PROBLEMS IN TURKEY recognition as the authorised spokesmen and representatives of their members within their sphere of competence. Given the above conditions, strong occupational organisations will be able to evolve, and where such organisations exist they will take their place in the national society. One of the most important functions of occupational associations in the national society is to fix by negotiation—collective bargaining—wages, hours and other conditions of employment. The mutual understanding thus reached is embodied in a written document, the collective agreement. If, however, the parties are unable through their own efforts to reach a mutual understanding, or if they should disagree on the interpretation or application of their agreement, a third party— the State—must, in the absence of procedures agreed upon by the parties, provide adequate facilities to assist them in resolving their differences. Where such organisations are successful in bringing a form of self-regulation to industry through the collective agreement, they have performed an important and vital portion of their task. There remains the equally important function of pooling and applying their industrial knowledge and experience, not only for their mutual benefit and that of their members, but for the benefit of the nation as a whole. Obviously, this latter function can best be performed where strong and representative organisations exist on a national scale. In keeping with the broad outline sketched above, successive parts of this chapter will deal with freedom of association, protection of the right to organise and to bargain collectively, collective agreements, the prevention and settlement of industrial disputes and co-operation of the parties. The final part will consider certain legislative proposals of the Government which have not been discussed in the earlier parts of the chapter. In each instance an examination will first be made of existing legislation, followed by the observations and suggestions of the Mission. Freedom of Association for Occupational Purposes The first essential step in the development of independent occupational organisations is freedom of association, which may be considered as the right of employees and employers to form and join organisations of their own choosing for their mutual aid and INDUSTRIAL RELATIONS 169 protection and to carry on their lawful activities free from interference by the State. 1 In Turkey, freedom of association is guaranteed in the Constitution of the Republic and is subsequently defined in three basic texts: the Associations Act (Act No. 3,512, dated 14 July 1938, as amended by Act No. 4,919, dated July 1946), the Trade Union Act (Act No. 5,018 concerning workers' and employers' unions and federations of unions, dated 20 February 1947) and the Civil Code. In addition, other Turkish laws have an important bearing. Outstanding among these is the Labour Code. CONSTITUTIONAL GUARANTEE OF FREEDOM OF ASSOCIATION The Constitution of the Republic furnishes the basis for the legal status of occupational as well as all other associations in Turkey. The Constitution states that all Turks are equal before the law, and their natural rights include " inviolability of person; freedom . . . of speech, of the press . . . of assembly and of association ". Limitations upon the exercise of freedom of assembly and of association may be determined by law, but the enactment of laws in derogation of the rights guaranteed by the Constitution is prohibited. It is within these constitutional limits that Turkish legislation is entitled to regulate the question of the rights of occupational organisations. LEGAL REGULATION OF OCCUPATIONAL ORGANISATIONS The legal regulation of occupational organisations rests on the authority of the three main texts referred to above—the Associations Act, the Trade Union Act and the Civil Code. Legislation Now in Force Constitution of Organisations. Employees' unions may be formed, without previous authorisation of the Government, by two or more employees in the same branch of industry or in occupations related thereto, for the 1 Freedom of Association is defined in more detail by Convention No. 87 (Conventions and Recommendations, 1919-1949, op. cit., pp. 765-770). The adoption of this Convention by the 31st Session of the International Labour Conference (San Francisco, 1948) was supported by the tripartite delegation which represented Turkey at the Conference. 170 LABOUR PROBLEMS IN TURKEY purpose of mutual aid and of protecting and representing their common interests. 1 Similarly, employers in the same branch of industry may form employers' unions. The aims of unions, as of other associations, may not be contrary " to laws, morals and general conventions ". Thus the Associations Act forbids the formation of associations designed to undermine the territorial integrity and political and natural unity of the State; those based on religion, religious sects or orders; those based on or created on behalf of a family, community or race; secret associations or associations with an undisclosed aim, and political associations with regionalist aims or names. The Associations Act also forbids persons in receipt of salaries or wages borne by the State, local administrations or municipalities or institutions attached to the State, to organise associations for the occupations in which they are employed. In addition the Trade Union Act is inapplicable to " small tradesmen and to those who work with them ". Mixed occupational organisations of employers and employees may not be formed under the Trade Union Act. Any member who permanently ceases to be an employer or employee must be dismissed from his union. Employees who are employed in more than one occupation may join one or more unions serving such occupations, and more than one union may be formed in the same branch of industry. Federations may be freely formed with the consent of two thirds of the members of the unions desiring to join the federation concerned. However, the right of a federation to join an international organisation is subject to the permission of the Council of Ministers. In common with other associations, an occupational organisation may not have the disposition of immovables other than those necessary for housing their offices and carrying on their activities; nor may occupational organisations, as such, engage in political activities or be instrumental in political activities of any political organisation. 1 The Trade Union Act adopts the definition of " employee " and of " employer " contained in the Labour Code. " Employee " includes any person who performs work which is either exclusively manual or both manual and intellectual in the undertaking of another person in pursuance of a contract of employment. " Employer " means any person who employs another in his undertaking to perform work which is either exclusively manual or both manual and intellectual under a contract of employment. It is only employees and employers within this definition who are eligible to form occupational organisations under the Trade Union Act. Persons excluded from the above definition may, however, form other types of associations for purposes other than profit making. INDUSTRIAL RELATIONS 171 Whereas ordinary associations may not " engage in more than one field of activity ", trade unions, in addition to their powers as bodies corporate, are authorised to carry on various activities. They may enter into collective agreements on behalf of their members; submit their views on disputes to the arbitration board or other authority; apply to the competent authority for relief where employers or their unions unite against employees seeking employment to keep wages below current rates; establish mutual aid funds and other social benefits; secure legal aid for members or dependent successors claiming rights under a contract of employment, and sue in court on behalf of such persons in connection with disputes arising from collective agreements and common occupational interests or insurance rights; send representatives to the general meetings held under various Acts ; organise vocational training and general culture courses and facilities; assist in setting up producers', consumers', credit and building co-operatives, and set up and operate health institutions and sports organisations for non-commercial purposes. Legal Personality. Non-profit-making associations acquire legal personality by announcing in their rules the desire to form an association. On the first working day following the date of its formation, every association must submit to the competent authority a declaration and its rules in two copies. In the case of occupational organisations, one copy of the declaration and rules is to be communicated to the Ministry of Labour. After the submission of its declaration, each association must publish in a newspaper its name and headquarters, the locality in which it will carry on its activities, its rules and the names, professions or occupations and domiciles of the members of the committee of management. The identity of new members elected to the committee of management and changes made in the rules must also be communicated to the competent authority. The rules of the association must give the following information : the name, headquarters, field of activity and aims of the association ; the names, professions or occupations, domiciles and nationalities of the founding members; requirements for joining or leaving the association; the procedure regarding the organisation, administration and representation of branches and the extent of their power; the procedure for the constitution of the general assembly and the representation of branches and members ; the powers and 12 172 LABOUR PROBLEMS IN TURKEY duties of the general assembly, rules governing the invitation to the general assembly and the communication of decisions to the members of the association; the rules governing the election of the committee of management and the powers and number of its members ; the amount of dues to be paid by members (not to exceed 120 Turkish pounds a year) ; the methods of inspection and supervision of accounts; rules governing changes in the rules, and rules governing the liquidation of property in the event of dissolution. The same provisions apply to unions or federations of unions, including the provision relating to dues. Under this provision the annual dues paid to a federation by a member union may not exceed 120 Turkish pounds. Failure to comply with the foregoing provisions renders the association liable to dissolution through judicial proceedings. Regulation of Internal Activities. Persons desiring to join an association must enjoy civil rights and be over 18 years of age. They may withdraw from the association upon due notice. Persons may be excluded from membership in accordance with the rules or by decision of the association for " just reasons ". All associations are required to maintain a register of members showing the identity of the members, the date of joining and the dues to be paid; a register of the decisions taken by the committee of management ; a register of correspondence ; a register of income and expenditure, and a balance sheet and final accounts. The affairs of an association are directed by its committee of management, which must submit each year for the approval of the general assembly the transactions and accounts of the preceding year and the budget for the coming year, and, where the rules require meetings of the assembly more frequently, its accounts for the period following the last meeting and a budget for the future period. The general assembly is the sovereign body of the association ; it is convened for the reasons set forth in the rules of the association or on demand of at least one fifth of the members. Members entitled to attend the general assembly must be notified, and the date, hour, place and agenda of the meeting must be announced in two newspapers, at least three days before the scheduled meetings, and communicated to the Government. In the event of postponement, members must be notified, and the reasons for postponement, as well as details as to the next meeting, must be communicated and published as above. INDUSTRIAL RELATIONS 173 Only items on the agenda may be discussed at the general assembly, but any item the discussion of which has been voted by one twentieth of the members present must be included. Decisions of the assembly are taken by the majority of the members present, each member having one vote. Decisions may not be taken relating to questions that are not on the agenda. Decisions may be taken without a general meeting, provided that all members state in writing that they agree to the proposal in question. Any decision to dissolve the association must be taken in the presence of at least two thirds of the members. If the necessary majority is not present, a second meeting must be called, at which the decision may be taken by two thirds of the members present. The decision must be communicated promptly to the competent authorities. The general assembly elects, supervises and may suspend the administrative bodies of the union, decides on the admission or expulsion of members, approves the accounts and budgets, introduces any necessary changes in the rules or in the objects of the association and decides on the dissolution of the association. Its meetings are presided over by officers elected from among the members. A permanent record must be kept of the proceedings and decisions of the assembly. Supervision. Part IV of the Associations Act provides for the inspection and supervision of all associations. Thus, their transactions, registers and accounts may be inspected and investigated at any time by the local government. The police authorities may enter the headquarters and premises of associations at any time upon a written order of the competent authority. Representatives of the public authorities may attend all general meetings of associations and supervise the dissolution of associations. Subject to the foregoing provisions, "unions shall be placed under the supervision of the Minister of Labour ". In practice, the supervision of occupational associations is carried out by the labour inspectors. Since January 1948, the 74 trade unions of workers and of employers have been inspected 132 times. In the industrial centres this inspection is made monthly, and less frequently elsewhere. The labour inspectors attend all meetings of the unions and submit a report of the proceedings to their supervisor, who may call the attention of the competent 174 LABOUR PROBLEMS IN TURKEY authorities to any improper activity. Punitive measures, if any, are undertaken by the public prosecutor through the judiciary. The object of the inspection is said to be twofold. In the first instance it is of an educational nature, intended to assist the organisations in their formative stages, to bring about a better understanding of the responsibilities and obligations of occupational associations and to train their leaders. In the second instance the inspection is intended to keep the authorities advised of the internal activities of the associations. Dissolution and Reconstitution. Any association may be voluntarily dissolved by the general assembly in accordance with the procedure laid down by its rules and by the Associations Act. The Civil Code also provides for the automatic dissolution of an association when it is insolvent or when the administration cannot be constituted in conformity with the rules of the association. In addition, the association may be dissolved by the judiciary on the demand of the competent authority or any interested person when the aim of the association is illegal or immoral. Special Conditions. The Trade Union Act enlarges the grounds for dissolution of an occupational organisation. The following articles are particularly pertinent in this respect: Article 1 (First Paragraph) The expression " employees' trade union " means any combination of persons employed in the same branch of activity or on types of work belonging to the said branch of activity for the purpose of mutual assistance and the protection and representation of their common interests. Article 2 (Second Paragraph) No person who is not an employee shall become a member of an employees' trade union, and no person who is not an employer shall become a member of an employers' trade union. Article 5 Employees' and employers' trade unions shall not, as such, engage in politics or political propaganda, or act as an instrument for the activities of any political organisation. The trade unions shall be national organisations. They shall not carry on any activities which are unpatriotic or contrary to the national interest. With the consent of the Council of Ministers, a union may belong to any international organisation. INDUSTRIAL RELATIONS 175 Article 6 Employees' and employers' trade unions shall not employ their revenues for any objects other than those mentioned in this Act or in their rules. The rules of a union shall not contain any provision contrary to the above principle. In the event of any act in contravention of the above provisions of the Act, or " of incitement by a member of the committee of management or responsible officer of a union to declare a strike or lockout which is an offence under the Labour Act, or of any attempt at such acts, a trade union may by order of the court be suspended for a period of from three months to one year or abolished outright ". The examining magistrate or the court may at any stage of the enquiry or trial suspend the activities of unions alleged to have contravened the above provisions and may make provision for the administration of the property and the protection of the interests of the union thus suspended. Members of the committees of management of the unions dissolved and persons attempting or participating in prohibited acts are deprived of the right to become members of any other union for a period of one year. The administration of the property and the protection of the interests of unions temporarily dissolved pass to trustees appointed by the court for this purpose. At the expiration of the supension period the newly elected committee of management assumes the duties from the trustees. Conclusions and Recommendations From the foregoing brief analysis of constitutional provisions and statutes, it appears that freedom of association in Turkey is a natural right guaranteed to all employees and employers by the Constitution. The exercise of the right may be regulated, but the right may not be denied by such regulations. The legislation regulating the exercise of the right covers the life of occupational organisations in considerable detail, and the provisions contained in their rules are to a large extent prescribed by the legislation. The majority of the clauses concerned seem to be inspired solely by the desire to guide inexperienced organisations in the drafting of regulations which should properly govern their organisation and activities. Moreover, in their main lines they are in accordance with the rules which occupational organisations in other countries have freely adopted, and conform, in most 176 LABOUR PROBLEMS IN TURKEY respects, with the provisions of international labour Convention No. 87, which defines the fundamental guarantees which workers and employers and their organisations should enjoy. There are, nevertheless, certain exceptions which the Mission believes may usefully be brought to the attention of the Government on account of their practical importance. Constitution of Occupational Organisations. According to Article 2 of Convention No. 87, " workers and employers, without any distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation ". The scope of the Convention is determined by the very general formula " without any distinction whatsoever ", so that, with one exception, it includes all employees and all employers.1 Turkish legislation appears to provide all the guarantees contained in the above provisions of the international standards as regards employees who perform " work which is either exclusively manual or both manual and intellectual " and employers who employ such persons under a contract of employment. However, it discriminates against employees who do not perform manual work and handicraft employees, in that they may not form trade unions, although they may form other types of associations. In view of the wide and important fields of activity which are apparently open only to trade unions, it may be that the Turkish Government will desire to consider a progressive interpretation or extension of the Trade Union Act until all interested persons are placed on the same footing, which, after all, is merely an expression of the general principle of equality before the law which is formally embodied in the Constitution. Such an enlargement would serve to strengthen the trade union movement through the affiliation of well qualified and educated groups, who would be able to make a valuable contribution to the movement. Supervision. The second reservation pertains to the autonomy of occupational organisations in relation to the legislative provisions concerning the supervision of trade unions and their federations. 1 Under Article 9 of the Convention the armed forces and the police may be excluded from the scope of the Convention. INDUSTRIAL RELATIONS 177 Article 3 of Convention No. 87 provides: 1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. By the above mutually complementary paragraphs, the right of employees and employers to establish organisations, guaranteed to them as individuals by Article 2 of the Convention, is supplemented by the freedom accorded to the organisations themselves to administer their affairs as they wish. This latter provision was drafted to prevent any of those acts of interference on the part of authorities which, as experience in many countries had shown, imposed on occupational organisations such conditions of substance and form with regard to their constitution, their activities and their objects as might please the authorities. Such intervention had manifested itself, among other ways, in the direct appointment of officials of organisations, the control of the external and internal life of organisations, the surveillance of meetings, the amendment of decisions freely taken by a majority of the members—in short, in a series of measures taken for the purpose of bringing the whole functioning of such organisations under the permanent control of the administrative authorities. Under existing conditions in Turkey, where occupational organisations are only in the formative stages, it is understandable that certain restrictions might be imposed on the activities of such organisations, particularly political activities, in order that they may have an opportunity to develop into genuine occupational organisations. It may be, therefore, that at a future date, when the organisations have become stabilised and have developed certain practices and traditions, the Turkish Government will wish to consider the removal of restrictions on the nature of activities in which occupational organisations may engage. It has been noted that the supervision of occupational organisations is normally carried out by the labour inspectorate, although under Part IV of the Associations Act other authorities may also freely inspect and investigate the activities and affairs of the organisations. To the extent that this inspection and supervision is educational in character, it is undoubtedly of considerable value to inexperienced organisations, provided always that it does not bring into question the administrative autonomy of the organisa- 178 LABOUR PROBLEMS IN TURKEY tion. However, the frequency with which the inspections may be made may defeat their purpose by developing an increasing tendency to rely upon State intervention in preference to self-help and self-reliance. Moreover, in so far as the inspections and other forms of supervision are intended to keep the authorities advised as to the internal activities of the organisations, they could well amount to interference by the public authorities in a manner which, as international experience has shown, may endanger the autonomy of occupational organisations and may serve to weaken and discourage such organisations. This may be especially true where the public authorities exercise the right to attend all meetings, for their very presence may place a restraint on the freedom of the organisations and distort their activities. For the above reasons, the Mission suggests that the Turkish Government may wish to consider carefully the desirability of leaving it to the occupational organisations themselves to determine whether they are to conduct their activities and affairs in full freedom and privacy or to invite the attendance and advice of others. This does not mean, of course, that organisations should be entitled to engage in activities of a nature to prejudice public order or the internal or external security of the State. Obviously the employees and employers and their organisations, like any other individuals or organised bodies, are obliged to respect the laws concerning public order, no matter how strict they may be, since by definition the laws apply to the nation as a whole. In connection with the above suggestion, it must be stated that in no instance did the Mission hear objections from the employees' organisations concerning the attendance of representatives of the public authorities at meetings. In fact, comments on the subject concerned the beneficial contributions made by such representatives, but, at the same time, revealed the degree to which some organisations were depending on the presence and advice of these representatives rather than upon their own initiative. Dues. The previous summary of legislation has shown that under Article 2 of the Associations Act the rules of associations shall state, among other things, " the amount of dues to be paid by members of the association, not exceeding 120 Turkish pounds a year ". Through an interpretation apparently issued by the Ministry of Labour, this provision has been deemed to apply like- INDUSTRIAL RELATIONS 179 wise to federations, so that dues are restricted to 120 Turkish pounds per year for each member union. In so far as the provision of Article 2 relates to the individual workers, no practical objection may be raised, for in fact it is a safeguard for the protection of the individual. This cannot be said, however, of the decision that the provision should apply to the federations. Under this ruling, the Istanbul Federation of Trade Unions, for example, with 17 member unions, representing some 14,000 individual members, may anticipate a gross annual income of only 2,040 Turkish pounds, a sum considerably less than that which member unions voluntarily agreed was reasonable and necessary. After meeting statutory expenses and those incidental to the operation and maintenance of offices, the balance can hardly be deemed adequate for functional operations. It may be recalled that federations play an extremely important role in the trade union movement. To mention only a few of their functions, they co-ordinate the activities of local unions, disseminate information of occupational interest, extend the field of union organisation, educate, assist and advise local unions in administrative and technical problems, aid in the establishment of voluntary procedures for the settlement of disputes and grievances (as has been done, for instance, in Istanbul) and represent the member unions in their relations with the public authorities. The expense of these activities must be met from the treasury of the federation, so that a provision of law restricting the funds available for the treasury must, at the same time, have the effect of restricting organisational activities. In order to encourage and assist the federations in carrying on their valuable work, the Mission suggests that the appropriate Turkish authorities should consider at the earliest opportunity means of enabling federations to receive dues in excess of 120 Turkish pounds a year from each member union. This would appear to be consistent with a natural interpretation of the legislation. Affiliation of Organisations. Under Turkish legislation, employees' and employers' organisations have the right to establish and join federations and confederations without previous authorisation of the Government. However, the right of such organisations to join an international organisation is subject to the decision of the Council of Ministers. In defining fundamental guarantees which organisations should enjoy, Article 5 of the international labour Convention provides 180 LABOUR PROBLEMS IN TURKEY that " workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers ". The above provision gives expression to the fact that employees or employers are united by a solidarity of interests that is not limited to a specific undertaking, occupation or industry, or even to a particular country, but extends to the whole international community. Moreover, the article is in conformity with the practice followed by both the United Nations and the International Labour Organisation, which have formally recognised the status of national and international organisations of workers and employers and have directly associated them with their activities. The Mission is aware that the Government may be hesitant, in view of present circumstances, to consider measures enabling federations and confederations to affiliate freely with international organisations of workers and employers. It nevertheless feels confident that the Government will not lose sight of the evident advantages which contact with similar bodies abroad might be expected to involve for the nascent and inexperienced occupational organisations in Turkey. Protection of the Right to Organise and to Bargain Collectively THE RIGHT TO ORGANISE At the present time direct protection of the exercise of the right of association is contained in Article 9 of the Trade Union Act which runs: The formation of unions is optional. No person shall be compelled to become or not to become a member of a union, and no member shall be compelled to resign or not to resign from the membership. Contracts of employment or the rules of employment of any workplace shall not include terms contrary to this rule. One of the main objects of the guarantee of freedom of association is to enable employees and employers to combine to form organisations independent of the public authorities and capable of determining wages and other conditions of employment by means of freely concluded collective agreements. This object INDUSTRIAL RELATIONS 181 would be frustrated if the parties themselves were able to question the exercise of the right of association or if they refused to enter in good faith into negotiations with a view to the conclusion of collective agreements. Experience in many highly industrialised countries over a long period of time has demonstrated, as Turkish legislation recognises, that it is the employees who by reason of their weaker economic position are most likely to be hindered or even thwarted in the exercise of the right of association by prejudicial acts on the part of the employer. The recognition of freedom of association by the State should therefore involve as a corollary the protection of the right of association in respect both of the employees and of their organisations. The Workers That the exact extent of the protection afforded by Article 9 of the Trade Union Act is not clear was made apparent to the Mission by the apprehension expressed in several instances by responsible leaders of employees' organisations; moreover, the Government's proposal to modify Article 13 of the Labour Code implies recognition that the position is not clear. Article 9 guarantees that the employment of an employee may not legally be made subject to the condition that he should join or not join a trade union, or that he should resign or retain his membership. Presumably this protection covers an employee during not only his initial employment but also his continued employment. In the event of a violation of these provisions the employee may appeal to the civil authorities. It would therefore seem that Article 9 qualifies Articles 13 and 16 of the Labour Code, which permit an employer to terminate the contract of employment upon notice and payment of compensation, or without notice under certain conditions, at least to the extent that the employee may not be discharged simply because of his membership of a union. Otherwise we have the paradoxical situation that while the employee is protected in his right to join a union he may be discharged for exercising his legal right. But even assuming for the moment that Articles 13 and 16 of the Labour Code are qualified in so far as the legality of actual discharge is concerned, two matters still remain to be considered. First, does the protection of Article 9 of the Trade Union Act also extend to other acts of a discriminatory nature directed against employees who are members of or active in a union ? 182 LABOUR PROBLEMS IN TURKEY An employer may, if he so desires, practice many kinds of discrimination against an employee short of discharge because of his activity or membership in a trade union. For example, he may transfer the employee to less desirable work or less desirable hours, change his occupation, reduce his grade, etc. These measures are of a prejudicial nature and are intended to exert pressure on the employee, yet they may not come within the technical wording of Article 9, since the actual position of the worker is not altered so far as his membership status is concerned. The employee instead is penalised for maintaining his status, in an effort to influence him to take a course of action desired by the employer. In these circumstances it appears questionable, in the absence of express wording in the article, whether its protection could be extended to the workers. Secondly, assuming that the protection of Article 9 does cover both of the above aspects, may the civil proceeding adequately compensate for the wrong ? The individual might receive damages for the injury suffered, yet he is in a less favourable economic position as a result and, in the extreme case of discharge of an active member, the employee is out of a job and may well find difficulty in securing comparable employment in the locality. It would seem that under the Code of Obligations the relief available to an employee may go beyond the point of damages. If the discharge or other discriminatory action is in fact of an unlawful nature, the court may apparently take such action as is necessary to restore the status quo ante of the employee—the employee may be reinstated to his former position if he has been unlawfully discharged or restored to his former status if unlawful discrimination has been practised against him. The relief available, however, depends on the illegality of the action, a factor that depends on the legal effect of Article 9 of the Trade Union Act. It would therefore seem desirable that the scope of this article should be clearly defined in order that there may be no doubt as to the protection afforded to individual employees in the exercise of their right of association. For the above reasons the Mission suggests that the Turkish Government may desire to consider an appropriate amendment to Article 9 of the Trade Union Act to express clearly the principle that an employee may not be dismissed or otherwise prejudiced because of participation in union activities outside working hours or, with the consent of the employer, within working hours. This principle is embodied in Article 1 of the Convention INDUSTRIAL RELATIONS 183 (No. 98) x concerning the application of the principles of the right to organise and to bargain collectively, which received the support of the Government and workers' members of the Turkish delegation, and was drafted on the basis of the experience in many countries showing the need for protection of employees against acts of anti-union discrimination of this character. The clear extension of the protection afforded by Article 9 would be in harmony with and complemented by the Government's proposal to qualify specifically Article 13 of the Labour Code by requiring an indemnity to be paid to the employee who has been discharged because he is a union member, or in other cases where the abuse of the right of denunciation has been established. The Mission considers, however, that any remedy provided for the violation of the proposed amendment to Article 9 of the Trade Union Act or of Article 13 of the Labour Code should compensate the employee for his direct loss of wages and other normal remuneration, and should also restore the status quo ante by reinstating the employee, if he so desires, to his prior status or position. Such a remedy appears to be equitable for three reasons. It compensates the injured person for direct losses incurred during the period when the discriminatory measures were employed against him and enables him to regain his former status or position; the employer who practised the discrimination is not permitted to profit from his wrongful action; and the other members of the organisation are thereby assured that leadership or active participation in lawful activities will not result in unfavourable consequences to them, and accordingly the organisation will be encouraged to develop. Finally, in this connection, the Mission raises the question of the most appropriate forum to resolve differences that might arise out of the foregoing provisions. In principle such disputes are not different from other disputes of a legal nature, for in both instances the issue is the determination of the respective rights of the parties growing out of a legal provision. It would therefore appear that a civil court would be fully competent to decide the issue. But, as the Turkish Government has already recognised by its proposed Labour Courts Act, certain disputes may be settled more readily by special labour courts than by the regular civil proceedings. Judges of labour courts are competent to appreciate the evidence submitted in the light of their experience and knowledge of 1 Adopted at the 32nd Session of the International Labour Conference (Geneva, June 1949). See Conventions and Recommendations, 1919-1949, op. cit., pp. 907-911. 184 LABOUR PROBLEMS IN TURKEY industrial affairs and they are not bound by the strict rules of evidence prevailing in other courts. This feature is of special importance in showing the reasons for discharge of union members or other discriminatory action against such members, since direct evidence is normally lacking and the question of proof is most difficult. For these reasons the Mission would suggest that any disputes that might arise from the proposed amendment of Article 9 of the Trade Union Act or of Article 13 of the Labour Code should lie within the competence of the special labour courts. The Organisations Whereas direct statutory protection of the right of association in relation to individual employees is provided by Turkish legislation, the same does not appear to be true in relation to their organisations. The experience in many countries has shown that as trade unions develop, a tendency may arise on the part of employers to circumvent the aims of genuine unions by the establishment of bogus organisations which in reality are instruments of the employers. Such an organisation would not be in a position to defend the interests of the employees in any real sense if it was under the control of the employer, yet at the same time it is often sufficient to preclude the formation of a genuine trade union. In an effort to secure the full independence of employees' organisations, the legislation in such countries forbids employers and their organisations to intervene in the constitution or administration of employees' organisations, or to support them financially or in any other way. On the basis of experience of this kind the International Labour Conference incorporated in Article 2 of Convention No. 98 the principle that employees' and employers' organisations should enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration; and in particular that— . . . acts designed to promote the establishment of employees' organisations under the domination of employers or employers' organisations, or to support employees' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, should be deemed to constitute acts of interference within the meaning of this Article. In view of the present stage of development of employees' and employers' organisations in Turkey, the Mission does not consider INDUSTRIAL RELATIONS 185 the moment opportune to suggest measures to be taken in this respect. Having pointed out, from the experience gained in other countries, the problems which may arise with the development of occupational organisations, and the international standards laid down in connection with the solution of such problems, the Mission considers that the question must be left to the Government to determine, as the organisations develop, on the basis of its own experience. THE RIGHT TO BARGAIN COLLECTIVELY Article 1 of the Trade Union Act provides that employees' organisations may be formed for the purposes of mutual aid and of protecting and representing the common interests of their members. Employers' organisations are apparently formed for the same purpose, although it is not expressly so stated. Article 4 (a) establishes the right of employees' and employers' organisations to enter into collective agreements. It would therefore appear that the organisations have the right to engage in collective bargaining, inasmuch as collective agreements flow from such process. However, the intent is not clearly expressed by the Act and in the absence of express provisions enabling the parties to enforce the right it tends to become more of a permissive field of activity than a statutory right which the parties are entitled to exercise. Under the Trade Union Act no direct means are provided to prevent an employer, for example, from refusing to recognise the employees' union as the representative of his employees or from refusing to negotiate with it concerning conditions of employment, while two articles of the Labour Code (Article 29, relating to the establishment of rules of employment, and Article 78, providing for the representation of employees by their delegates) would seem to indicate that such a course is open to the employer. Nor are direct means provided to prevent an employees' organisation from refusing to recognise the employers' organisation, though experience in most countries has shown that owing to the difference in economic strength of the employees and their employer, it is in practice the employees' organisation that requires the special protection, especially where the members of the organisation are not free to engage in a strike to enforce their demands. Experience has also shown that if an employer may freely refuse to recognise the employees' unions or negotiate with them, the result 186 LABOUR PROBLEMS IN TURKEY may well be that the employees' unions will be placed in a position where they, and the economy as a whole, may be prevented from enjoying the benefits that normally flow from the constitutional guarantee of freedom of association ; and, by force of circumstances, the unions may be largely restricted to mutual benefit activities (aid in the event of marriage, maternity, unemployment or death, legal aid, etc.), necessarily limited by meagre financial resources drawn from a lethargic membership. To forestall the development of this situation, the employees' organisations should enjoy clear protection in the exercise of their rights, and it is in the interests of the administrative processes of Government that such protection should be given. In order that the intent of Articles 1 and 4 (a) of the Trade Union Act may stand clearly revealed, the Mission suggests that the Turkish Government may desire to consider appropriate amendments to express in precise terms in Article 1 that employees in the same branch of industry or in occupations related thereto shall have the right to form organisations for the purposes of collective bargaining in respect of rates of pay, wages, hours of work and other conditions of employment through their freely elected representatives, of mutual aid, and of protecting and representing their common interests; and to establish by Article 4 (a) that workers' and employers' organisations have the right to engage in collective bargaining, to enter into collective agreements concerning such matters on behalf of their members and, where such members constitute a majority of the employees, on behalf of all the employees. These provisions would clearly establish in Article 1 that employees have the right to be represented by their organisations for the purposes of collective bargaining with their employer, who may be represented by his organisation, while Article 4 would establish the right of such organisations to bargain collectively on behalf of their members and to enter into collective agreements. The right of the employer in these respects is not open to question. In order that the right of employees to be represented by their unions may not be frustrated by an employer's refusal to recognise the union as the representative of the employees, the Mission suggests for the consideration of the Government the desirability of a further amendment to Article 4 of the Trade Union Act to the effect that, upon the request of a trade union having as members a majority of the employees, an employer shall be bound to recognise such union as the representative of all the employees for the INDUSTRIAL RELATIONS 187 purposes of collective bargaining in respect of rates of pay, wages, hours of work or other conditions of employment, without prejudice, however, to the right of individual employees to present matters of a personal nature to their employer. In making the above amendments the Turkish Government would not be entering an entirely new field, but merely extending the application of a principle that has been recognised and applied since 1936 in the disputes procedure of the Labour Code. Under this procedure " employees' delegates " represent the employees in each undertaking independently of the trade union, where such exists, although in fact they often are members and officers of the union. As representatives of the employees concerned in a dispute, the delegates seek to reach an agreement through direct negotiation with the employer. The employer is obliged to meet with them and to discuss settlement proposals " to be laid before the employees ". If the parties are unable to agree the negotiations must be continued with the assistance of a conciliation officer and only upon failure of these negotiations do the arbitration boards take cognisance of the dispute. If an agreement is reached it is signed by the delegates as representatives of the employees and by the employer, and is binding upon all employees in the undertaking for a period of approximately six months unless those immediately concerned in the dispute reject the terms thereof. It is thus apparent that the principle of collective bargaining is recognised and applied in the settlement of disputes arising out of the employees' dissatisfaction with conditions of employment in force, and that any agreement reached, even though it may be negotiated by a minority, becomes binding on all employees in the undertaking. It is therefore quite reasonable that the same principle might be applied to the initial stages where conditions of employment are determined. The foregoing amendments would establish the right of employees to negotiate through their organisation with their employer or his organisation concerning the conditions of employment, but two provisions of the Code might appear to restrict or contradict this right. Article 29—Rules of Employment. The Labour Code at present governs the industrial relations of employees and employers in that section of industry which falls 13 188 LABOUR PROBLEMS IN TURKEY within its scope; and it is with this section, which constitutes a most important part of Turkish industry, that occupational organisations—particularly those of employees—are primarily concerned. Under Article 29 of the Code the employer is " bound to draw up rules of employment stating the conditions of employment and the employees' duties in respect of discipline, hygiene and safety " consistent with regulations issued by the competent Ministry. These regulations require the rules to include details regarding methods of calculating wages, minimum wages, increases, and other remuneration related to wages; assistance in kind, such as meals and clothing aid; social aids; payment of wages, advances and accounting; hours of work and rest periods; overtime work and payment; weekly rest, public holidays and national festivals; termination of contracts; the health and safety of employees; and discipline, including fines and penalties that may be levied by the employer. The rules become operative when they have been approved by the competent authority. They must be posted in a conspicuous place in the undertaking and furnished to employees on request ; alterations of the rules follow the same procedure. Thus, the rules of employment drawn up by the employer cover much the same field as would a collective agreement negotiated between the employer and a trade union, and the employees so covered are primarily those who form the backbone of the trade unions. Admittedly the foregoing provisions are beneficial and perhaps even necessary but they also appear to give the employer unilateral authority to determine conditions of employment, which would preclude or restrict the right of the employees to insist on having a voice in the determination of such conditions. The Turkish Government has already recognised the difficulties arising from this situation and in a proposed amendment to Article 29, which adds social assistance as a matter to be covered by the rules, provides a new procedure whereby the employees may, through their delegates or their unions, object to the rules laid down by the employer within one month after they have been posted in the undertaking. Where the regulations become final, whether by failure of the employees to object or by reason of the resolution of objections made, the initiation of a new dispute is prohibited during the following 26 weeks. Provisions of individual contracts contrary to the conditions of work laid down in final rules of employment are declared void. The procedure is not applicable to establishments engaging less than 10 employees. INDUSTRIAL RELATIONS 189 It appears to the Mission that such a provision would remove any doubt as to the right of the employees to participate in the determination of such important matters as the rules of employment through their representatives, but it also seems that such a provision encourages employees to formulate disputes as the only means of such participation. The Mission therefore suggests that the employees be associated in the preparation of the rules through their delegates or their unions. This procedure, which is followed in some of the other countries where provision is made for rules of employment *, would seem to offer several advantages. It would tend to reduce the area of disputes by seeking the agreement of the interested parties prior to the approval of the rules by the competent authority, and would tend to create a better understanding between the employee and his employer as to the purpose of the rules. It would train the unions in the process of collective bargaining, and would encourage the development of organisations by enabling them to assume a greater responsibility as the representatives of their members in the fixing of their conditions of employment and in the defence of their occupational interests. To achieve the desired end the Mission suggests that, after the second sentence of the draft Article 29, the principle should be established that where the employees, through their delegates (or, in an undertaking where a majority of the employees are members of a trade union, through the union), request the employer to discuss with their representatives the provisions to be included in the rules of employment, or any modification thereof, the employer shall be bound to do so ; that should the parties be unable to reach agreement as to the provisions of the rules, the provisions of the Code relative to collective disputes shall apply; and that where the employer and the employees' representatives agree on the provisions of the rules, the rules shall come into operation when they have been approved by the competent authority. By reason of the suggested changes in the above paragraph 1 of the proposed Article 29, paragraph 5 might also be altered to incorporate the principle that when the employees have not participated in the preparation of the rules of employment, they may object through their delegates or their unions to the conditions of work laid down within a period of one month from the time such 1 Cf. " The Contract of Employment ", by E. HERZ, in the International Labour Review, Vol. XXXI, No. 6, June 1935, p. 857. See also the Japanese Act concerning conditions of employment (L.S., 1947—Jap. 3). Here the provision only requires consultation with the workers (Article 90), but other legislation establishes the right of organisations to bargain collectively. 190 LABOUR PROBLEMS IN TURKEY rules have been posted; and that the provisions of the Code relative to collective disputes shall apply. This would necessitate the altering of the following sentence to incorporate the principle that where the rules of employment have entered into force by approval of the authorities, or by the expiration of the one month period for making objections, or by resolution of objections, no new dispute may be initiated concerning the rules within the following 26 working weeks. Article 78—Workers'1 Delegates. The second provision of the Code that might cast doubt upon or appear to contradict the right of employees to be represented by their unions in various collective negotiations is in Article 78, which establishes the system of representation by employees' delegates. This system has been summarised in the foregoing pages. It is sufficient here to note that at the time the system was devised it was not thought necessary to make provision for the operation of trade unions, but with their development in recent years the Turkish Government has recognised the necessity of allowing them to take their place in the industrial life of Turkey and has accordingly proposed extensive modification of Article 78. These proposals are discussed at length later in this chapter 1, where the Mission makes certain suggestions in connection therewith. The adoption of the suggestions made by the Mission respecting Article 78 will remove any possible contradiction regarding the right of employees to negotiate through their unions and at the same time will provide the unions with a means of enforcing the right. Collective Agreements The Code of Obligations provides in Articles 316 and 317 that regulations relative to conditions of employment may be established between employers and employees by agreements concluded by the employer or his organisation with the employees or their organisation. The agreement, to be valid, must be drawn up in writing, and, in the absence of contrary provisions, may be denounced at any time after the expiration of one year, upon six months' notice. The individual contract of employment concluded between em1 See p p . 194 et seq. INDUSTRIAL RELATIONS 191 ployees and employers bound by a collective agreement is void to the extent that its terms derogate from those of the collective agreement, the invalid clauses being replaced by applicable provisions of the collective agreement. In addition to the above provisions, the Trade Union Act specifically authorises employees' and employers' organisations to enter into collective agreements on behalf of their members. At the same time it may be noted that the principles governing collective agreements are applied by the procedures for the settlement of certain disputes on a collective basis. Under this procedure, which is summarised below, " employees' delegates ", as representatives of the employees concerned in a collective dispute, may negotiate an agreement with the employer in settlement of the dispute. The agreement is binding on all employees in the undertaking and governs the employer-employee relationships within its scope for a specified period. The above observations concerning freedom of association for occupational purposes and the protection of the right to organise and to bargain collectively have emphasised that a primary object of the guarantee of freedom of association, in relation to the State, to the individual, and to his organisation, is to enable and to encourage the formation and development of independent occupational organisations capable of negotiating mutually satisfactory conditions of employment in the form of freely concluded collective agreements. The negotiation of such agreements is an important function of occupational organisations and especially of employees' organisations, since the employees are in the less favourable economic position, and it is only through his organisation that the individual can have an effective voice in the determination of his wages, hours and other conditions of employment. And it is only through the employees' organisation that responsibility may be assumed on the employees' side to ensure the application of an agreement. The provisions of collective agreements, since they control the employer-employee relationships, establish a degree of uniformity in the conditions of employment and, by stabilising the relationship between the employer and his employees, bring to industry a form of self-discipline. The collective agreement thus serves a highly beneficial purpose which may not be obtained with the same degree of satisfaction, if at all, through the legislative process, though legislation may well be useful in laying down certain guiding principles and essential safeguards. 192 LABOUR PROBLEMS IN TURKEY In a large number of countries collective agreements have proved effective in achieving this purpose, and this factor had considerable influence in the decision to include Article 4 in the Convention (No. 98) that lays down international standards. This article states that— Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisation, with a view to the regulation of terms and conditions of employment by means of collective agreements. Collective bargaining—a term applied to the negotiations carried on between an employer or his organisation and the employees' organisation in the attempt to arrive at conditions of employment t h a t are mutually acceptable—is not employed in Turkey as a means of determining the conditions of employment for employees, and consequently collective agreements have not come into force. In this connection many factors must be remembered. For instance, industrialisation is still in its infancy in Turkey and the country is still predominantly agricultural. The factory worker has not yet developed from his agricultural background to the extent found in highly industrialised countries. Moreover, the trade union movement in Turkey dates only from the enactment of the Trade Union Act of 20 February 1947, with the result t h a t occupational organisations are still in the formative stages and do not have the guidance and assistance of experienced federations. It is not surprising therefore that collective bargaining has not been employed as a method of determining wages and conditions of employment. While collective agreements do not exist in fact, this brief analysis of Turkish legislation shows that certain principles for collective agreements are laid down in the Code of Obligations. Thus, the contract of employment concluded between employees or their organisation and an employer bound by a collective agreement is void to the extent that its terms derogate from those of the collective agreement, the terms of the latter replacing the invalid clause of the individual contract. It is understandable t h a t at the beginning, when employees are not organised, the law should provide for the participation of unorganised groups of employees in the conclusion of collective agreements. However, experience has shown that only agreements supported and approved on the employees' side by organisations have practical value. INDUSTRIAL RELATIONS 193 For this reason most national systems consider that while a collective agreement may be concluded by an employer or his organisation, on the employees' side only the organisations are in a position to assume the responsibility of concluding and applying such agreements. The value of this principle appears to be recognised by the Trade Union Act, which refers to collective agreements as a proper field of activity for employees' and employers' organisations; at a future date the Government may desire to amend Article 316 of the Code of Obligations in order to bring it into line with the Trade Union Act by introducing the provision that the right to conclude collective agreements on behalf of the employees shall be reserved to employees' organisations. The basic importance of collective agreements has been recognised in Turkish legislation, and existing provisions will permit their legal development once the occupational organisations have reached a stage where this voluntary procedure is employed to determine conditions of employment. Even now a certain amount of experience has been gained in the principles that govern collective agreements, by application of the provisions of Articles 78 and 80 of the Labour Code establishing machinery for the settlement of certain disputes on a collective basis. The " conciliation " agreement negotiated under this procedure is similar in many respects to a collective agreement, the main distinction being that, whereas a collective agreement is normally negotiated by the employer or his organisation with an organisation representing his employees and lays down mutually acceptable conditions under which the one is willing to make employment available and the other is willing to furnish his labour, the " conciliation " agreement is negotiated by the employer with the unorganised representatives of one fifth or more of his employees (who may or may not be an organised group) who are concerned in a particular dispute, and has as its object the modification of particular conditions of employment which have given rise to the dispute. The " conciliation " agreement may therefore be considerably more limited in scope than the terms of a collective agreement and it does not have the support of an employees' organisation for the enforcement of its application. It is thus apparent that, while collective agreements do not exist at the present time, they are recognised in law and in principle, and existing legislation is such as to permit their legal development when occupational organisations have reached a certain stage of maturity. The Mission has already suggested specific measures 194 LABOUR PROBLEMS IN TURKEY calculated to hasten the development of independent occupational organisations to the point where they will be capable of assuming this responsibility. The Mission therefore feels that it would not be useful, at the moment, to make suggestions for additional regulations until collective agreements have become a reality; and t h a t additional regulations, if any, should await the time when the Turkish Government has had an opportunity to determine on the basis of its own experience whether further regulations might be considered necessary or desirable. 1 Prevention and Settlement of Industrial Disputes NATURE OF DISPUTES Industrial disputes are defined in Article 77 of the Labour Code as follows: Every disagreement respecting all or any of the conditions of employment in force or the method of applying them which arises between one fifth of the employees of an undertaking (not being less than 10 persons) and the employer shall be deemed to be a collective dispute, and every disagreement between an employee and his employer respecting the employee's rights and interests shall be deemed to be an individual dispute. Where the dispute involves one fifth of the employees (or, if there are less than 50 employees in the undertaking, 10 persons) it is a collective dispute. If less than 10 or less than one fifth of the employees are involved it is an individual dispute. 2 PROCEDURE FOR SETTLEMENT Article 78 of the Labour Code and the regulations issued thereunder require the election of employees' delegates in each under1 The Turkish Government may find particularly helpful in this respect a study published in 1936 by the International Labour Office entitled Collective Agreements (Studies and Reports, Series A, No. 39). Regulations adopted since that date by various countries are contained in three reports prepared by the Office for the International Labour Conference: 30th Session, Geneva, 1947, Report VII: Freedom of Association and Industrial Relations (Geneva, 1947), pp. 59-68; 31st Session, San Francisco, 1948, Report VIII (1) : Industrial Relations (Geneva, 1947), pp. 37-84; and 32nd Session, Geneva, 1949, Report V (Supplement): Industrial Relations (Geneva, 1949), pp. 3-20. 2 Articles 26 and 27 of Decree No. 2/10,565, dated 24 March 1939, concerning the regulations for conciliation and arbitration of industrial disputes. INDUSTRIAL RELATIONS 195 taking, the number varying with the size of the establishment; the task of the delegates is to consult with the employer or his representative in an effort to settle by " conciliation " any collective or individual dispute that may arise, and to seek means of avoiding disputes. The employer is obliged to discuss with the delegates settlement proposals to be laid before the employees. Where the conciliation fails, separate procedures are provided for individual and collective disputes. Strikes and lockouts are prohibited at all times. Individual Disputes In individual disputes, under Article 79 of the Code, the employees' delegates seek to arrive at an agreement between the parties by means of conciliation. If the conciliation proves fruitless, the dispute may be made the subject of legal proceedings. Collective Disputes Articles 80 to 90 of the Code lay down compulsory procedures for the settlement of collective disputes. It is sufficient here to recall the broad outlines of this procedure, which may be summarised under three headings—agreement, conciliation and arbitration. Agreement. Article 80 provides that if an agreement is reached between the employer and the employees' delegates in a collective dispute it shall be signed by the employer and the delegates and posted up in the undertaking. A copy must be filed with the local authority. If the employees concerned in the dispute fail to reject the agreement within a fixed period it becomes binding on all employees in the undertaking for a period of 26 weeks, during which neither party may initiate a new collective dispute respecting any matter covered by the agreement. The agreement may not come into force until the competent authority has determined whether or not it conforms to existing law. An agreement contrary to law may be set aside at any time and the parties may be required to conclude a fresh agreement ; if the employer and the delegates are unable to agree, or if the employees concerned reject the agreement, the competent authority must be notified. Conciliation. Within a fixed period after such notification the competent authority must send an official to seek an agreement by concilia- 196 LABOUR PROBLEMS IN TURKEY tion. The parties continue their negotiations in the presence of the conciliation officer and, where the employees have rejected an agreement, an additional employee selected from among themselves participates in the negotiations. Any agreement reached is signed by the official and the other persons present, and is binding on all employees for a period of 26 weeks. Where conciliation is unsuccessful, the competent authority must transmit a report to the Provincial Governor stating the terms of the agreement proposed and the objections made to it. Arbitration. Upon receipt of the foregoing notification, an arbitration board is constituted under the presidency of the Governor, consisting of a local representative of the Ministry of Labour, a local representative of the Ministry of Justice, and two private persons selected by the Governor in agreement with the first two members. The board is required to hear the parties and may summon other persons as witnesses or experts. The parties may not be represented by advocates, solicitors or persons holding a power of attorney. The award of the board, made by a simple majority, is final unless an appeal is lodged by either of the parties, and precludes any fresh dispute in the next 26 weeks respecting the matters covered by it. In the event of an appeal, the record of the proceedings and a special report are forwarded to the central authority at Ankara, which convenes a superior arbitration board. The board is normally composed by six members under the presidency of a vice-president of the Council of State. Five of the members are representatives of various Ministries, the sixth being appointed from among the professors of the various faculties or colleges. The board adjudicates the dispute upon the basis of the record submitted. It may, however, obtain additional information or expert opinions by examining witnesses or receiving written statements. Neither of the parties to the dispute nor their respective representatives may appear before the board. Awards of the board, adopted by a simple majority, are final and preclude any fresh dispute within the next 26 weeks respecting the same matters. An award is binding on the parties and also on employees in the undertaking who took no part in the collective dispute; by order of the Council of Ministers it may be extended to other undertakings operating under the same conditions, even though no collective dispute has arisen in them. Conditions of employ- INDUSTRIAL RELATIONS 197 ment giving rise to a dispute may not be altered during the conciliation and arbitration proceedings. In addition to the above boards, a Grand Arbitration Board may be constituted under Article 90 of the Code for the arbitration of disputes of particular importance in view of economic and social conditions in the town or region concerned, in more than one town or region or throughout the country. This procedure has never been invoked. Disputes in industry may arise from differences concerning either the rights of the employees or their interests and may be either individual or collective. Disputes concerning rights are discussed later in this chapter.1 There remains to be considered individual or collective disputes concerning interests. Individual disputes concerning interests may be settled by direct negotiations between the parties or their representatives and if not settled may develop into collective disputes. Collective disputes concerning interests may be concerned with the recognition of trade unions or, more frequently, with fundamental differences regarding wages, hours of work and other conditions of employment. The former have been considered above 2, the latter will be treated in the following pages. Under the Labour Code disputes are classified as " individual " or " collective " solely according to whether one fifth or more of the employees are involved and without regard to the issues giving rise to the disputes. If the proposed Labour Courts Act is adopted, this classification will be largely superseded in so far as it pertains to differences concerning rights. It would therefore appear practical to seize this opportunity to adapt the definition of disputes to the real situation that will prevail with the enactment of such a measure. Accordingly, the Mission suggests that the Government may desire to revise the definition of disputes contained in Article 77 of the Code to lay stress on the issues giving rise to the disputes rather than the number of persons involved and to limit the conciliation and arbitration procedures to collective disputes concerning interests, where such procedures appear to be most efficient. The Mission suggests that appropriate language might be employed to express the principles that all disputes arising out of the rights of the parties under the Code shall be settled in accordance with the procedures laid down in the Labour Courts Act; 1 2 See p. 208. See p p . 180 et seq. 198 LABOUR PROBLEMS IN TURKEY and that all collective disputes involving two or more employees arising out of the interests of the parties concerning their terms and conditions of employment shall be settled in accordance with the procedures laid down in the Labour Code. Under this new definition of disputes. Article 79 of the Code would no longer appear to serve a useful purpose and could therefore be deleted. In the settlement of collective disputes concerning interests, the experience of most countries has revealed the need for conciliation and arbitration machinery to assist the parties in reaching agreements.1 An experienced labour movement which has voluntary machinery for this purpose at its disposal may settle many disputes, with the result that the number of such disputes is reduced without taking away the bargaining power of the interested parties. Where such voluntary systems are employed, wages and other conditions of employment are settled by direct negotiation between the parties, and their ultimate right to resort to economic pressure in support of their position is not infringed. The proponents of this system consider that while strikes and lockouts result in a certain amount of loss in industrial production, loss of earnings, etc., the positive benefits in the way of better conditions of employment, a higher standard of living, increased industrial production, an increased home market for products, etc., are considerably greater than the disadvantages.2 Most States do not undertake the responsibility of fixing conditions of employment through compulsory arbitration. In those cases where this method is followed, notably Australia 3 and New Zealand, the system is based essentially on the idea that in return for the surrender by organisations of their right to engage in direct economic pressure they are compensated by the legislative guarantee of a certain standard of living. 1 See, for example, Conciliation and Arbitration in Industrial Disputes, I.L.O. Studies and Reports, Series A, No. 34 (Geneva, 1933), and the following reports prepared for the International Labour Conference: Freedom of Association and Industrial Relations, op. cit., pp. 69-77; Industrial Relations (31st Session, Report VIII (1)), op. cit., pp. 91-124; and Industrial Relations (32nd Session, Report V (Supplement)), op. cit., pp. 21-48. 2 See " The Economic Function of Strikes ", by E. H. and D. B. JURKAT, in the Industrial and Labor Review of the New York State School of Industrial and Labor Relations, Cornell University, New York, Vol. II, No. 4, July 1949, pp. 526-545. s For a study of the working of the Commonwealth Conciliation and Arbitration Court in Australia, see O. DE R. FOENANDER: Industrial Regulation in Australia (Melbourne, University Press, 1947). INDUSTRIAL RELATIONS 199 Under such a legal system the arbitration authorities fix a minimum wage calculated to guarantee a proper standard of living to every wage earner and his family. This minimum wage varies according to the index figure of the cost of living. Above the level of the indispensable minimum, rates of wages are established by means of collective agreements or, in the absence of agreement, by arbitral awards, which take into account not only the interests of the parties concerned but also the general conditions prevailing in the national economy. Registered organisations of employees and of employers have both the duty and the exclusive right of negotiating with regard to rates of wages, which cannot in any event be lower than the indispensable minimum, as well as with regard to other conditions of employment. If the parties fail to conclude a collective agreement, the arbitration court fixes the wages and conditions of employment by an arbitral award binding upon the parties. The court may declare that the award shall constitute a common rule for the industry, in other words, that it is binding on all concerned. It may also give the authority of an award to the provisions of a collective agreement and so make them generally binding. Strikes and lockouts are prohibited and the observance of awards and collective agreements is ensured by penal provisions. The experience of these countries seems to show that the prohibition of direct economic pressure is successful to the extent that the parties are able to secure the same economic advantages through the statutory procedure, and that where such advantages are not forthcoming the illegality of their action is not sufficient to prevent recourse to direct economic pressure.1 In the final analysis the effectiveness of compulsory procedures, like that of voluntary procedures or any other system of general application, depends on the continued co-operation of the persons concerned. With this brief introduction, the observations of the Mission on the means of settling industrial disputes will be based on the assumption that the existing system of compulsory arbitration in Turkey is likely to be maintained. In connection with its observations, however, the Mission desires to draw attention to the voluntary joint machinery established by the Employers' Industrial 1 In Australia, for example, during 1947 there were 982 strikes or lockouts involving 327,137 workers, with a loss of 1,338,728 working days. See I.L.O.: Year Book of Labour Statistics, 1947-48 (Geneva, 1949), p. 2*76. 200 LABOUR PROBLEMS IN TURKEY Union in Istanbul and the Istanbul Federation of Trade Unions for the prevention and settlement of disputes between their members. The machinery is composed of a board of eight members, of whom four are selected by the Federation and four by the Industrial Union from among their members. Cases are brought before the board by the members at weekly meetings held under the chairmanship of the employees' and employers' members respectively. When the board considers it desirable, a bipartite committee of two may be appointed to investigate the complaint and to endeavour to conciliate the parties. If the committee is unsuccessful in its efforts, the matter comes before the full board, when a unanimous decision is required to resolve the issue. There is no legal obligation to abide by the decision of the board, but the parties are morally bound to do so by reason of their voluntary submission to the procedures of the board. Under existing legislation employers' and employees' organisations may, if they desire, enter into binding obligations for the arbitration of disputes that may arise between them. 1 An examination of the compulsory procedures summarised above seems to indicate that an important purpose of the procedure is to encourage the settlement of disputes concerning conditions of employment on a collective basis by agreement between the parties. When the parties fail to agree, by themselves in the first stage, or with the help of a conciliator in the second stage, the arbitration boards issue an award which is binding on the employer and all employees in the undertaking, whether or not they were directly concerned in the dispute, for a period of approximately six months. At the time the procedures were enacted, occupational organisations were apparently not sufficiently developed to perform the function of representing the employees, and consequently the system of representation was built around employees' delegates who were elected by the employees in each undertaking to represent their interests. Their functions are accordingly similar in many respects to those of trade unions. With the development of trade unions in recent years, the necessity of allowing them to take their place in the industrial life of Turkey is becoming more evident, for it is through the work of such organisations that the regulation 1 See " Les procès entre particuliers ", by Mustafa Resit BELGESAY, Professor of the Faculty of Law, University of Istanbul, in La Vie Juridique des Peuples—Turquie (Paris, Librairie Delagrave, 1939), p. 321. INDUSTRIAL RELATIONS 201 of conditions of employment on a collective basis and the effective representation of employees' interests can best be achieved. Under the present procedures laid down by Article 78 of the Labour Code, all collective disputes before the conciliation and arbitration authorities are initiated through the employees' delegates. The office of employees' delegate exists independently of the employees' organisations, but in a number of the cases observed by the Mission one or more of the delegates were also officers of the trade unions, where such existed. The extent of the recognition accorded by the law in its present form to employees' delegates having no necessary connection with the employees' trade union organisations nevertheless substantially precludes the trade unions from representing their members in negotiating collective conditions of employment through the disputes procedure and in defending their occupational interests before the authorities. The desirability of altering this procedure has already been recognised by the proposal of the Government to revise Article 78 of the Code, on the basis of its experience in administering the Code. Proposed Revision of Article 78 of the Labour Code. The proposed revision of Article 78 would not alter the manner of election of employees' delegates, their duties and obligations, or those of the employer, but would add several new provisions. In the case of undertakings engaged in temporary work, or where the number of persons employed daily is less than 20 for at least three months during any one period of the year, the election of permanent employees' delegates would be optional, depending upon the wishes of the majority of the employees. In the event, however, of a collective dispute in such undertakings, if the majority concerned in the dispute are members of a union, the union may intervene on their behalf; otherwise the employees are to proceed through their permanent delegates or, if such do not exist, to elect temporary delegates to invoke the disputes procedure. The proposed revision also provides that all trade unions which include the majority (not being less than 10) of employees in an undertaking may initiate a collective dispute with the employer on the written request of one fifth (not being less than 10) of the total number of employees in the undertaking. In such instances the provisions of the Labour Code relative to collective disputes are to apply. The new article also provides the procedure to be followed in case the contract of employment of an employees' delegate is cancelled. 202 LABOUR PROBLEMS IN TURKEY Upon complaint of the employee the regional authority of the Ministry of Labour will initiate conciliation procedures in conformity with Article 81 (B) of the Code ; if unsuccessful, the matter would go to the arbitration board in accordance with Article 82 of the Code, where a final decision would be taken. If the board should decide that the delegate is to remain in his employment, the employer may be required to pay his wages and all other sums to which he may be entitled from the date of the cancellation, even though the delegate has not been working during such period. In addition, all other rights of the delegate arising from his capacity as an employee are expressly reserved. Regulations to be issued by the Ministry would indicate the terms of office of employees' delegates, their mode of election, the cases where they may be removed and the mode of procedure in such cases, and the special principles which will apply when trade unions initiate a collective dispute. Initiation of Disputes. The most important proposal, in the Mission's view, is that of recognising the function of trade unions in the disputes procedure. Where a dispute has been initiated by the union, the procedures of the Code relative to collective disputes are to apply. It is not clear from the present wording of the proposed article whether the right to invoke the procedure also entitles the union to participate in the procedures as the representative of the employees or whether the employees' delegates will continue to perform this function. Logically, it would appear that the intent is to substitute the unions through their representatives for the employees' delegates in these cases, in order that the unions may carry out the purposes for which they have been formed, that is, the protection and representation of the common interests of their members, and eventually to reach a point where the dual system of representatives would no longer be useful. It appears to the Mission that the proposed procedure might achieve this result, but that it would be desirable from both the administrative and the practical viewpoints to use a more direct procedure, namely, to place both the employees' delegates and the trade unions on an equal footing and to limit the election of delegates to undertakings where the majority of the employees are not members of a trade union. Such an approach would serve to increase the opportunities of the unions to participate in the representation of their members in accordance with the ': -, SllSlfcS^Sr; :^ : -if i : - - " ;>#(**- T| \l A' Efe i i # ! ? ¥ l l ^ ^ ^ ^ View of sugar factory, with the Sinanli bridge in the foreground, Alpullu D i'*'- •S Tí .«i ma ** : ti*>rf*'ssf*. *• i '-^>ÜUI«!Í;-Í| Ivi'« * l Primary school for children of sugar factory workers, AlpuUu à/'^illJiJjH&i • —w^^ ""*WÍ !£• ^-.-v Operation room, Alpullu sugar factory SSV 1' INDUSTRIAL RELATIONS 203 policy laid down in the Trade Union Act, and would recognise the practical condition that exists where the same persons are both employees' delegates and officers of the unions. At the same time the point should not be overlooked that employers also should be entitled to be represented by their organisation. This appears to be possible under the existing legislation by reason of various provisions in both the Labour Code, particularly Article 78, and the regulations for conciliation and arbitration of disputes, referring to the " employer or his representative ". Accordingly, the Mission suggests that the Government may desire to consider revising the first paragraph of Article 78 of the Code to incorporate the following principles : that from among the employees in each undertaking where the majority do not belong to a trade union there shall be elected employees' delegates in appropriate numbers; that the employees' delegates or the trade unions, as the case may be, shall be the representatives of the employees in such undertaking ; that it shall be the duty of the said representatives to consult with the employer or his representative with a view to settling any collective disputes which may arise between the employer and the employees, and to endeavour to arrive at an understanding and achieve a settlement by direct negotiation; that the employer shall discuss with these representatives the proposals to be laid before the employees; and that the employer and the representatives of the employees shall endeavour in co-operation to devise methods of avoiding disputes. The adoption of this proposal would require only slight changes in the existing text of the first paragraph of the article. The related proposal in Article 78 pertaining to small undertakings and those engaged in temporary work would appear to make it possible for small groups of employees to enjoy the benefits of trade union experience and appears reasonable, provided that where the trade unions are involved they are the representatives of the employees within the meaning of the last paragraph above. Protection of Employees' Delegates. The other additions to Article 78 supplement the protection afforded by the proposed modification of Article 13 of the Code regarding the discharge of employees because they perform the tasks of employees' delegates. Thus, the employee whose contract has been terminated may be reinstated by the arbitration board with payment of wages and all other rights even though he is 14 204 .LABOUR PROBLEMS IN TURKEY not actually engaged in work. In addition, all rights of the delegates arising from their capacity as employed persons are reserved. This latter phrase apparently means, among other things, that the individual is entitled to the same treatment accorded to other employees, and accordingly that he may not be discriminated against in the terms and conditions of his employment merely because he serves as the representative of his fellow employees. If the phrase is not considered sufficiently broad to afford this protection then it would appear desirable that such protection be given in explicit language. The proposed modifications are necessary if the employees' delegates are to fulfil efficiently and with full security their functions as representatives. In the view of the Mission, however, the question of whether a member of a trade union, an employees' delegate, or other person, is discharged or otherwise discriminated against in his conditions of employment contrary to law is not a matter to be settled by compromise through arbitration processes. It is a legal question that should properly be submitted to the decision of an appropriate tribunal where judges are empowered to appreciate the evidence on the basis of their knowledge and experience of industrial practices and to render a decision on the legal point involved. This view finds support not only in the practice followed by many countries but also in the proposed Labour Courts Act, for certamly an employees' delegate or other person who has been discharged contrary to Article 13 of the Code must base his action on " rights claimed under the said Code ", and these words define in part the competence of the labour courts. Regulations. In regard to the final paragraph of the new Article 78, the Mission considers that the regulations to be issued concerning conciliation and arbitration procedures might appropriately include the terms of office of employees' delegates, their mode of election, the cases where they may be removed and the procedures for such cases, since in the absence of organisation they do not have rules of their own to govern such matters, as do trade unions. However, the Mission is also of the opinion that trade unions should not be singled out for special regulations when they are the representatives of the employees but should be guided by the same principles of procedure as the employees' delegates—such, for example, as those contained in Article 28 of the Conciliation and Arbitration INDUSTRIAL RELATIONS 205 Regulations. Further, the Mission would urge that the regulations foreseen by the above provision of Article 78, as well as those foreseen by Article 89, should be as clear and concise as possible bearing in mind that employees, employers, and other persons concerned have had some 12 years of experience with the disputes procedure, which is not being subjected to basic alterations. Arbitration. The object of the arbitration boards provided by the present procedure is to settle by the issue of an award collective disputes in which the parties have been unable to reach agreement through conciliation. While such an award may be enforced irrespective of the wishes of either party, the fact remains that if it does not constitute an equitable adjustment of the difference the difficulties of enforcement are increased and the dispute will be renewed at the earliest opportunity. It is therefore in the interests of efficient procedure that the arbitration boards should seek such equitable solutions as are most likely to be accepted by the parties. In order to achieve this end the board must take into consideration a wide variety of factors that differ somewhat from case to case—for example, the ability of the employer to meet the demands made upon him, the justification of the employees' position, the prevailing conditions of a technical and economic character in the industry, locality and competing industries, and the minimum wage necessary to ensure a decent standard of living for the wage earner and his family.1 It appears to the Mission that occupational organisations can make a valuable contribution to the work of the arbitration boards by reason of their technical knowledge and experience in industrial affairs and the confidence they inspire in parties coming before the boards. Under existing legislation arbitration boards are composed of five members, of whom three represent local government and two are independent members who have no direct or indirect interest in the disputes. It is accordingly suggested that the Government may desire to consider that the selection of the two independent members of the arbitration boards should be made from lists of candidates submitted annually by the occupational organisations to the Governor of each province where experience has shown the need for arbitration boards. Persons directly concerned in a dispute would be disqualified to serve on a board 1 The question of minimum wages is discussed in Chapter III of this report. 206 LABOUR PROBLEMS IN TURKEY deciding such dispute, but their indirect interest flowing from the fact that they may be an employer or employee, or an officer of an occupational organisation,would not be grounds for disqualification. The feasibility and advantages of securing the co-operation of the organisations in this manner have been demonstrated in many countries. The Mission further suggests that as soon as federations of occupational organisations have developed on a national basis the Government may desire to consider means of providing representation for them on the Superior Arbitration Boards and other bodies which deal with collective disputes concerning interests. Fields of Collaboration Once occupational organisations have become sufficiently mature to determine conditions of employment through the collective agreement, and thereby bring a measure of self-discipline to industry, they will have made an important and beneficial contribution to the national welfare. In addition they will have laid the basis for a solid system of collaboration between the employees' and employers' organisations, and between these organisations and the public authorities, for the beginning of such a system is in the collective agreement. Three Turkish statutes provide for the participation of the occupational organisations in administrative bodies: Act No. 4,792 of 16 July 1945 establishing the Workers' Insurance Institution; Act No. 4,837 of 25 January 1946 concerning the organisation and duties of the Employment Exchange Department; and Act No. 4,841 of 30 January 1946 concerning the organisation and duties of the Ministry of Labour. A fourth, the Trade Union Act, authorises the employees' and employers' organisations to send representatives to the general meetings provided for in these three Acts. Since these Acts are referred to elsewhere in this report, it is sufficient here to note their existence without summarising the procedures employed. Apart from the existence of these formal bodies the Minister of Labour has followed the practice of submitting relevant proposed legislation to the occupational organisations formed under the Trade Union Act, to the chambers of commerce and industry and to the industrial unions, for advice and recommendations. A rather recent and most important development along the INDUSTRIAL RELATIONS 207 lines of co-operation has been the development of voluntary joint machinery by the Employers' Industrial Union in Istanbul and the Istanbul Federation of Trade Unions for the prevention and settlement of disputes between their members.1 Lastly, in a number of the undertakings visited by the Mission, employees' organisations had been associated in the management and operation of workers' facilities such as mess-halls, canteens, dormitories, etc. Turkey has thus made considerable progress in the utilisation of the experience of employees' and employers' organisations in various administrative bodies of the Government in such matters as the preparation of legislation, the establishment of voluntary procedures for the prevention and settlement of disputes, and the management and operation of employees' facilities in a number of undertakings. The results of this policy have shown that the effectiveness of the measures already taken is directly dependent upon the breadth of experience, industrial knowledge and understanding of employees' and employers' problems possessed by the individual representative of the employers or employees, as well as the strength of the organisation from which he comes. It is difficult, however, to obtain qualified spokesmen with truly representative viewpoints in the absence of centralised organisations from which they might be drawn. It is only through such organisations, where opportunity is presented for the widespread exchange of information from various sections of the country and various occupations and industries, that representative viewpoints may be formulated and laid down as guiding policies, and the wealth of knowledge and practical experience gained by members of local organisations spread throughout the country may be gathered, studied, and disseminated in such a manner that it may be employed most effectively. It is only through centralised bodies that the local organisations can be welded together into a unified, co-ordinated, and efficient organ striving towards a common goal— the improvement of existing conditions in Turkey. Experience in many countries has proved that once unified movements of employees and of employers have been voluntarily formed, vast avenues of co-operation are opened and voluntarily employed by such organisations in the pursuit of their own aims, and that the economy as a whole benefits from this co-operation. 1 See p . 199. 208 LABOUR PROBLEMS IN TURKEY In view of the present stage of development of occupational organisations the Mission has refrained from making any suggestions or recommendations to the Turkish Government as to various forms of co-operation that might be undertaken at this stage, but urges instead that the employees' and employers' organisations should consider at the earliest opportunity means of creating federations both on the regional scale, as has been done in Istanbul, and on a national scale. It is only through these means that the full organisational strength can be brought to bear on the study and solution of occupational and industrial problems. The Labour Courts Bill The Bill at present under consideration 1 by the Government provides for the establishment of labour courts, in such areas as may be considered necessary,— to be responsible for the determination of legal differences arising out of the implementation of contracts of employment concluded between persons within the definition of employee laid down in the Labour Code and employers or their representatives and rights claimed under the said Code and for the hearing of . . . appeals to be made against notices ghen by the Workers' Insurance Institution regarding benefits to be paid to and pensions to be established for the claimants. In localities where labour courts are not yet available, the competent court in such locality is to deal with the above cases, subject to rules and procedure laid down in the Labour Courts Act. The courts are to be composed of three members—a justice of the peace (president), one representative of employees and one representative of employers. Four employer and employee members (one principal member and three substitute members) with specified qualifications are to be appointed by the Ministries of Justice and Labour jointly, from lists of 12 candidates nominated respectively by the nearest chamber of commerce and industry and by the trade union. The term of office for employee and employer members is two years. In particular cases objections may be made by the parties to the employee or employer member of the court. If the objection is sustained one of the substitutes serves in place of the principal 1 Since the writing of this report the Labour Courts Act has been adopted, on 30 Jan. 1950; see Resmi Gazete, No. 7,424, 4 Feb. 1950, p. 19,913. INDUSTRIAL RELATIONS 209 merr ber. There is no appeal against the ruling of a court sustaining such an objection, but a decision not to sustain the objection may be appealed against. Where the administrative authorities responsible for the administration of the Labour Code are unable within a period of 15 days to settle applications made to them or find such applications to be within the competency of the court, they are to submit to the court all relevant documents. The action at law is thus instituted, and the court must fix a date for hearing and summon the parties. Actions brought by employees are exempt from all fees and duties. The Bill provides that " oral procedure of judgment shall be applied " in the court. The parties are to attend in person during the first sitting of the court, at which time an attempt will be made at conciliation. If this is unsuccessful, or in the absence of one party, the court will proceed with the case. An appeal may be made against the final decision within a limit of seven days, and such appeals must be given priority by the superior court. It is not permissible to insist against or ask for revision of decisions made by the appellate tribunal. The Labour Courts Act is to come into force six months after the date of its promulgation and is to be administered by the Ministries of Justice and Labour. The promulgation of the proposed Act to create a system of labour courts would appear to be a progressive and beneficial step calculated to aid the Turkish Government in its search for a more expeditious and simplified method of resolving in a prompt and equitable manner disputes concerning rights which arise out of the Labour Code and other legislation. OBSERVATIONS There are certain observations, however, which the Mission desires to make in accordance with the request of the Turkish Government that the Mission should examine the proposed measure in the light of the experience obtained in other countries and conditions in Turkey.1 1 The principles approved within the framework of the I.L.O. as regards labour courts find their clearest expression in the resolution adopted by the Fourth Conference, of American States Members of the International Labour Organisation (Montevideo, 1949). The Mission's observations are accordingly based on this resolution, which was adopted after consideration of a report prepared by the International Labour Office on the legislation and practices [footnote continued overleaf. 210 LABOUR PROBLEMS IN TURKEY Competence of Courts The competence of the proposed courts is primarily limited to labour disputes concerning the rights of the parties arising out of the Labour Code or certain appeals from the Workers' Insurance Institution. But under existing legislation there are other sources, such as the Trade Union Act, from which such disputes may arise. Labour disputes concerning rights may include any individual or collective dispute which results from differences of opinion regarding the interpretation or application of regulations already laid down or of rights already acquired, whatever their basis may be —an individual contract of employment, a collective agreement, social legislation or custom. In the study of existing conditions in Turkey in respect of freedom of association and protection of the right to organise and to bargain collectively, the Mission has already made certain recommendations calculated to hasten and encourage the development of independent occupational organisations capable of negotiating conditions of employment in the form of freely concluded collective agreements, and of taking their place in the national life. It is probable that out of the rights thus acquired some differences of opinion both of an individual and collective nature will arise while the parties adjust themselves to new relationships; with the advent of collective agreements governing the conditions of employment it is probable that differences of opinion will occur over the interpretation or application of such agreements. In the absence of piocedures voluntarily agreed upon by the parties for the adjustment of such differences of opinion, the Government, having denied the parties the right to resort to their economic strength, must compensate them by assuming the responsibility of making available adequate facilities to settle such disputes. Perhaps the facilities of the arbitration boards are adequate for this purpose, but since the disputes concerning rights are of a legal character, capable of resolution through judicial proceedings, the advantages of a specialised labour court would appear obvious. Inasmuch as the Turkish Government, on the basis of its own experience, has recognised the need and desirability of a specialised employed by other countries in the settlement of legal disputes (Labour Courts in Latin America, Studies and Reports, New Series, No. 13, Geneva, 1949). The resolution was communicated to the 32nd Session of the International Labour Conference (Geneva, 1949) and appeared in the Provisional Record of that session (No. 15, pp. viii-ix). INDUSTRIAL RELATIONS 211 labour court for the resolution of certain differences concerning rights, the Mission suggests t h a t the competence of such courts should be sufficiently broad to enable them to assume jurisdiction over all labour disputes involving the rights of employees and their organisations or employers and their organisations, whether they arise from individual contracts of employment, collective agreements, or social legislation. In this manner the Turkish Government will have specialised machinery available and functioning for the prevention and settlement of such disputes as may arise with the continued development of independent occupational organisations. Initiation of Cases The proposed Act provides in Article 8 t h a t if the administrative authorities responsible for the application of the Labour Code are unable within a limit of 15 days to settle applications made to them, or find such applications within the competence of the judicial authorities, they shall submit all relevant documents to the labour court. This move is sufficient to initiate the legal action, and the court is then required to fix a date for hearing and to summon the parties. No other means are expressly provided for the initiation of cases before the court, so that the question arises, have the parties the right of recourse to the courts or is the right subject to the control of administrative authorities of the Ministry of Labour ? Where a member of an organisation feels aggrieved by an action of his employer, the normal approach is to discuss the matter with the officers of his organisation who, by reason of their broader experience, are able to guide him. The officers proceed in a conciliatory manner at this stage, discouraging complaints that appear to be unjustified and, where they appear justified, taking steps that may lead to an amicable adjustment of the problem. If they are unsuccessful, the organisation should then be able to proceed on behalf of the individual member to exhaust all legal remedies if such course is considered desirable. Then, too, there are certain cases, frequently of a collective nature, where the principle involved is of such importance to the organisation itself t h a t no question should exist as to its right to have recourse to the labour court. The Government has proposed to amend Article 78 of the Labour Code to provide that individual disputes arising in small undertakings, or in undertakings engaged on temporary work, 212 LABOUR PROBLEMS IN TURKEY could be taken directly to the court. Article 4 (E) of the Trade Union Act empowers occupational organisations to provide legal aid to their members and to sue in court on their behalf. As Article 8 of the Labour Courts Bill does not state that the procedures established thereunder are to be exclusive, it would appear that certain individuals and occupational organisations have the right of recourse to the court independently of Article 8 and without following other administrative channels. In order that the intent may be clear as to the rights of all individuals and their organisations the Mission suggests that the Government may wish to consider the desirability of expressing in the Labour Courts Act the principles that employers and employees have the right of recourse to the courts; that occupational organisations likewise may sue or be sued in the courts as parties to the issue; and that where occupational interests are at issue the organisations shall have the right to intervene in the court proceedings, if necessary replacing the employers or employees who are parties to the litigation, provided that the consent of the party replaced is obtained. Guarantees The proposed Act makes no mention of guarantees to ensure that workers may have free recourse to its facilities, although such guarantees may be provided in part by the proposed amendment of Article 13 of the Labour Code and through other general legislation which protects the sanctity of the judicial process. While employees may be legally entitled to enforce their rights through the labour courts, experience in a number of countries has shown that they may be, and often are, prevented from having recourse to such procedures or are penalised for doing so by various acts of their employers. The Mission therefore suggests that the Turkish Government may desire to consider the inclusion of a provision in the proposed Act to protect employees against any acts of discrimination in respect of their employment likely to prevent them from having recourse to the labour courts, from giving evidence as witnesses or experts, or, in relevant cases, from acting as members of labour courts. Such an inclusion would also serve to supplement the provisions intended to protect the individual in the exercise of his right of association and at the same time would tend to facilitate the functioning of the court. INDUSTRIAL RELATIONS 213 Qualifications of Judges The Bill lays down the conditions to be satisfied for employer and employee members of the court. Thus, they must be Turkish citizens, over 30 years of age, able to speak, read and write Turkish, and of good moral character, with at least one year's experience as an employer or employee in the locality where they are domiciled. These conditions are clearly intended to ensure that capable and qualified candidates will be appointed to these responsible positions. The final condition laid down is that candidates may not be members of the committee of management of a trade union or chamber of commerce and industry. It is not clear to the members of the Mission why the Government should consider it necessary to make this group ineligible and thus limit the number of possible candidates with the industrial background so essential to the success of the court. It is these persons, who have exhibited qualities of leadership, an intelligent approach to problems and ability, who are normally elected to responsible offices in their own organisations, and enjoy the confidence of their fellow members. And by reason of their experience in such offices it is these persons who have the greatest opportunity to obtain a broad understanding of the employees' and employers' problems. They are therefore among the group of persons best qualified to serve as members of the court. For that reason the Mission suggests that such persons should not be disqualified as possible candidates for the important position of member of a labour court. Procedure As is normally the case in many statutes, the proposed Act does not specify the procedures to be followed but leaves such matters to be explained in special rules drawn up for the guidance of the court and of the parties before it. In preparing such rules of procedure as may be considered necessary, it is suggested that the Turkish Government may find the principles laid down in the resolution referred to above to be of considerable value. In this connection the Mission draws special attention to the powers of the judges. The labour judge in directing and guiding the proceedings normally exercises wider discretionary powers than does the judge of an ordinary court. It is the function of the judge, in collaboration with the parties, to control the proceedings 214 LABOUR PROBLEMS IN TURKEY in such a way as to establish the true facts and to base his conclusions on them in accordance with relevant legislation. In order to do this the judge must be empowered to take all steps that* may be necessary. For instance, he should be able to consolidate separate actions where the subject matter is related, to sever points of claim which are better heard as separate actions or to call for supplementary evidence where the proper adjudication of the case requires. He should be able to estimate the value of the evidence freely without being bound by the formal rules of ordinary procedure and, on the basis of those facts which have been duly substantiated, render his decision in accordance with the principles of equity. These principles may be expressed in general terms as follows: the formalities of procedure should be reduced to a strict minimum, the procedure should be as expeditious as possible, the services of the labour court should be available to the parties free of charge, and the labour judge should be accorded discretionary powers sufficiently wide to enable him to base his judgment on an equitable estimation of all the circumstances material to the case. In a number of countries free legal aid services have been provided by the State to advise the employees and employees' organisations as to their legal rights or to represent them in proceedings before the labour courts. The advantages of a service of this character in Turkey would appear to be obvious since neither the employees nor employees' organisations have had sufficient train'ng and experience to enable them to protect adequately their legal interests. The Mission therefore suggests that the Government may desire to consider the establishment of special legal aid facilities to advise the parties and, where necessary, to represent them in proceedings before the labour courts. CHAPTER VII EMPLOYMENT AND VOCATIONAL TRAINING Manpower Problems Since questions of employment and vocational training cannot be considered without reference to problems of manpower, it appears essential to give first an analysis of the general characteristics of Turkish manpower problems in the light of the information gathered. EMPLOYMENT POSITION In the absence of detailed employment statistics and of any scheme for unemployment relief, the present position cannot be summarised in terms of figures. It is, however, generally recognised that with the exception of skilled workers, who are not numerous, the available manpower is greatly in excess of industrial requirements. This fact is admitted not only by the employment agencies, which have great difficulty in finding employment for the workers, but also by all the undertakings visited, since these, despite the great instability of labour, invariably find themselves with far more candidates than jobs. Bearing in mind the large number of young people serving with the colours, it may be stated that the Turkish economy is now going through a period of underemployment. It should also be remembered that in 1935 81.8 per cent, of the population was engaged in agricultural work, only 8.3 per cent, of the workers being employed in industry and the mines. It is not, therefore, surprising that these industries should be subjected to considerable pressure on the part of agricultural labour. As a result of this excessive demand for work there are few aged workers in the industry. According to an enquiry undertaken by the employment service in 1946, which covered 1,638 establishments, workers between 14 and 22 years of age 216 LABOUR PROBLEMS IN TURKEY represent about 30 per cent, of the total manpower. The figure rises to 80 per cent, in the case of workers between 14 and 40 years of age, while those over 50 years of age account for only 5 per cent. In view of this position, the employment service is faced with a difficult task. It seems that it is sometimes held responsible for the insufficient number of openings for employment; but clearly it cannot create employment. It can do no more than facilitate the placement of workers or assist employers in finding the manpower they require. But the responsibility for providing more openings rests with the Government, especially with the Ministries dealing with the country's economy. INSTABILITY OF LABOUR As in all countries in the first stage of industrialisation, no differentiation is made in Turkey between the industrial labour market and the agricultural. With the exception of a number of skilled or specialised workers, whose numbers vary according to the different industries, the labour force constantly gravitates from agriculture towards industry and vice versa. In this way the workers remain in the industrial undertakings for a few months only and then return to their agricultural tasks. As a result of this system the rate of instability is high. In Istanbul, for example, the Pa§abahce glass works in 1948 recorded an outflow of 570 and an intake of 555 for a total manpower of 1,450. This movement is regarded as normal. An Izmir textile factory during the same year registered an outflow of 2,132 and an intake of 2,424 for 3,000 persons employed. One third of the staff is stable; the remaining two thirds are in a perpetual state of flux. According to the results of the aforementioned enquiry organised by the employment service, 24 per cent, of the workers in the 1,648 establishments concerning which information was obtained had not been employed for more than six months, and 43 per cent. not more than one year. This mobility of the labour force is not due solely to the continuous movement between agriculture and industry. Other causes also contribute to it, such as the low rates of pay, which force a large number of workers constantly to seek more lucrative work, the housing shortage, and the inadequate degree of occupational skill, which leads to numerous dismissals. The State undertakings, however, which had to find a solution to these difficulties, have succeeded in improving the position. EMPLOYMENT AND VOCATIONAL TRAINING 217 There is no doubt that the high rate of instability among the workers entails very grave drawbacks. It makes the organisation of in-plant vocational training extremely difficult and reduces output. But inasmuch as it is due to a periodic return to agriculture, at the present time it holds out the advantage that it helps to avert the necessity to deal with the question of unemployment relief, which could not at present be handled by the employment service. Many workers who would otherwise be unemployed are absorbed by agriculture; this would become extremely difficult if the industrial labour force were clearly differentiated from the agricultural workers. In addition, it is significant to note that the workers in the Zonguldak mines, for instance, are anxious to preserve this system of alternating activities, while undertakings such as the naval construction yards at Istanbul regard it as a means of avoiding the final dismissal of their staff during slack periods. MANPOWER AND OUTPUT Though full details on industrial output and the productivity of labour in Turkey are not available, with the exception of statistics covering the output per worker or per hour, it appears that this output is generally fairly low and also highly variable according to industries and undertakings. For example, the workers' hourly output figures for spinning and weaving in the Sümer Bank cotton factories for 1948 show very great fluctuations, which may perhaps be accounted for by differences in the type of work or equipment but may also be taken to indicate the very variable rate of output of the workers. This question appears to be of vital interest to Turkey. The setting up of modern industries constitutes a first step towards a rise in the standard of living of the population; but it must be accompanied by sustained activity if there is to be a sufficiently high output in these industries to make possible a reduction in the cost price of consumer goods. The building of new factories may be a more spectacular move than efforts to increase productivity ; nevertheless, in the last analysis, the latter is the decisive factor. The most obvious fact from this point of view is that to achieve the same output as in highly industrialised countries, a much larger number of workers is required. Industrialists admit that they have not hitherto devoted much attention to this question, probably because labour is plentiful and cheap. One employer stated 218 LABOUR PROBLEMS IN TURKEY that the cost of labour accounted for no more than 12 per cent, of the cost price of his products. This low rate appears to explain the lack of interest in a rational utilisation of the workers. To bring about a higher standard of living the main problem is to increase the wage factor and to reduce other factors that go to make up the cost price. So far, then, from being a negligible matter, manpower is the central element of the question. The excessively long hours of work, the absence of scientific organisation, the inadequate occupational skill of the workers, and in particular of their overseers, also affect the output of some undertakings. It would therefore be particularly profitable to establish a nucleus of interest in this question among employers, not merely in State industries, which in any case are the most advanced in this connection, but also in private undertakings of all types. The employment service could also play its part by institutiig enquiries into the productivity of labour in certain establishments. The organisation of vocational training also plays an important part in progress in this field, and in making an effort in this direction Turkey would be doing no more than joining the ranks of the many countries throughout the world which take a lively interest in questions of output, irrespective of their political or economic system or of the region in which they are situated. It should nevertheless be stressed that an increase in productivity must go hand in hand with increased production facilities. Otherwise, while the country is in a condition of underemployment, such increase might result in a decrease of industrial manpower, which could not be compensated by the provision of increased employment possibilities. OCCUPATIONAL STRUCTURE OF THE LABOUR FORCE The absence of data on the occupational structure of manpower is also characteristic of the present position. By means of industrial registration and partial enquiries carried out by the employment service it has been possible to ascertain the number of workers employed in the various branches of industry and their distribution according to age and sex. There is, however, no general information as to their distribution according to the nature of their work and their degree of skill. Nor is there as yet any occupational classification; the workers are simply classified into two groups: r a ****' '»* •2* *•» Dwellings for mine workers, Usab Cinema for workers in coal mines, Zonguldak mrn^^w í Vi n n ÏÏ 1fi|1 í I ï 1I Sugar factory employees leaving work, Alpullu Níii'" Sports activities of textile factory workers, Alpullu ! ¿ S g •'•'.'•'.-:••••' EMPLOYMENT AND VOCATIONAL TRAINING 219 skilled and unskilled, the former including all workers who for any reason at all may claim to have had some occupational experience different from that of the unskilled workers. In these circumstances, it is extremely difficult to make a survey of employment and vocational training problems. The quantitative manpower needs cannot be established, and attempts to place workers in employment are frequently abortive. The Turkish Administration is aware of the position and intends to improve it at the earliest opportunity. In this regard it may rely on the active co-operation of the Office. Organisation of the Employment Service The employment service in Turkey is still in its earliest stage of development. Chapter IV of the Labour Code (Act No. 3,008 of 8 June 1936) made provision for its establishment, but no immediate effect could be given to this legislation because of the war, and it was not until 1946 that it came into force. In a survey of the conditions under which this service operates, some essential factors arising from this state of affairs should not, therefore, be overlooked. First of all, the service has been in existence only two years, and as a result it is beset by all the financial, material and technical difficulties inherent in the establishment of a new institution dealing with a hitherto unexplored subject. Secondly, whereas in numerous countries the establishment of a national employment service was the outcome of aseries of measures taken by private institutions, municipalities, or employers' and workers' organisations, in Turkey this service was established by Government decision, sanctioned by Parliament. Consequently there were no precedents on which the system could be founded, and as often as not even the persons concerned did not feel the need. The employment service will therefore gradually have to make its way into economic and social life, as it were, without always being able to rely on the support or understanding of employers or workers. In addition the employment service in Turkey, as in other countries, has to be in a position to deal with practices that have taken root in industry, such as the habit of recruiting workers through foremen, the priority given by employers to relatives or 15 220 LABOUR PROBLEMS IN TURKEY acquaintances of persons already employed in the undertaking and the practice among workers of seeking work directly without using the service. Lastly, employers and workers who are not yet accustomed to applying to the service frequently supply inadequate or erroneous information which greatly complicates placement, and leads to doubts in the minds of the persons concerned about the efficiency of the institution. It would be useless to believe that such difficulties can be quickly overcome. Some, in fact, still exist in countries possessing an employment service of many years' standing. For this reason any criticisms and suggestions set forth here can only have a constructive value, and they are put forward in a spirit of complete comprehension of the long and arduous task before the Turkish Government and administration. Chapter IV of the Labour Code and the Act of 25 June 1946 lay down the essential foundation on which an employment service may be based and gradually extended. A few important elements, it is true, are not included, for example, the institution of advisory committees at departmental level. Other provisions require specification, as for instance those governing the status of the service, its financing, and staff regulations. Legislation has been drafted, however, to meet these needs and will shortly, it is hoped, be adopted by Parliament. On this basis the employment service was organised along classical lines: a central service, departmental sections and in a few cases local offices connected with the departmental section were established. The present network of employment offices certainly does not effectively cover the entire country from either the geographical or the vocational point of view, but this was bound to be the case. There are three stages in the foundation and development of an employment service: during the first stage, the network to be served by the employment office must be built up ; next the office must be made reasonably effective ; and during the third stage the service should be extended geographically, and occupational specialisation should be introduced as far as is necessary. In Turkey the first stage is now at an end, and the authorities should take steps to ensure that the employment service is placed under such administrative and technical conditions as will enable it to give efficient service to employers and workers. In the following pages are discussed the problems which must be considered when these steps are taken. EMPLOYMENT AND VOCATIONAL TRAINING 22J. FINANCING The employment service cannot function effectively unless it has adequate financial means. This is an obvious principle, b u t it assumes special importance in the case of a new service which will in time have to be in a position to undertake further responsibilities, to increase its staff and to improve the quality of its work. An effective employment service is a costly mechanism. Inadequate appropriations for the service may, however, result in its becoming even more costly, inasmuch as it might in t h a t case absorb fairly large sums without being thereby enabled to give useful service to the national economy. From this point of view it would appear that the funds now coming under the heading of receipts of the employment service are insufficient to ensure its normal development. For 1949 these funds amounted to 665,000 Turkish pounds, or approximately 0.5 per cent, of the national budget. These receipts increased steadily during the years 1946, 1947 and 1948 (315,000, 780,000 and 800,000 Turkish pounds respectively) but for 1949 they are lower. Of these appropriations, 80 per cent, is set aside for the payment of wages and additional expenses for the staff, while 20 per cent, is devoted to defraying current expenditure on materials and supplies of various kinds. In other words, to all intents and purposes, no funds are available for the extension and improvement of the service, Indeed, according to information received, essential activities are being abolished because of the inadequate financial resources of the service—such as, for example, the regular visits paid by the inspector attached to the central service to departmental sections and local offices. Apart from the State subsidy, the municipalities also contribute to the financing of the service ; but the Act which makes provision in principle for such contributions merely fixes the maximum amount (1 per cent, of the total income) which the local communities may not exceed. Consequently, the revenue from this, source is irregular and in some cases inconsiderable. In these circumstances it is difficult not merely to establish a policy for the organisation of the employment service but also to foresee to what extent it may hope to achieve practical results. The problem is by no means easy to solve, since State appropriations 222 LABOUR PROBLEMS IN TURKEY are required for numerous other economic and social tasks and cannot always be increased. It is nevertheless clear that unless more satisfactory methods of financing can be devised it will be impossible, at any rate for a great many years, to improve and reorganise the employment service, to extend its scope to the different regions and to perfect its methods. The Ministry of Labour and the leading officials of the employment service are fully alive to the position, and a Bill has been drawn up providing for larger and more regular contributions to be made by all communities in which a local office has been established. Whether this provision is the only possible or most suitable one may be open to discussion. Most countries tend to hold the Central Government responsible for the financing of placement, and when the municipalities are called upon to make a financial contribution this is frequently devoted to the expenditure made by the service locally, in such a way as to stimulate the community's interest in the development of the employment service. In Turkey contributions of this type are simply entered in the central budget of the service, and there is no relation between their amount and the expenditure effected locally. It is, in short, a special tax, the budgetary allotment of which is determined by law. Whether it is worth while to adopt one of the solutions set forth above might perhaps be considered in the light of the conditions peculiar to Turkey. In any case it is essential that the present appropriations should be increased. The practical details of the financing of the service could, if necessary, be adjusted later. To give a clear idea of the activities of the service, its budget of expenditure may with advantage be split into two parts, one devoted to running costs, the other to investment costs. This device is not merely a matter of accounts ; it should also show the possibilities of annual expansion and give a clearer notion of the running costs of the service. Similarly, it might be well to discriminate in this way between expenditure connected with the employment service and expenditure for the vocational training of adults, which should be included in a special chapter. It is true that the latter at present amounts to very little (6 per cent, of the total expenditure); but while these two activities are closely related from the standpoint of employment policy, they are fundamentally different, and it would be preferable to treat them separately in the budget. EMPLOYMENT AND VOCATIONAL TRAINING 223 RECRUITMENT AND TRAINING OF STAFF The recruitment and training of staff for the employment service constitute a problem of the first importance. Whatever the funds and material aid provided for the service, it will not achieve effective results unless it possesses an adequate and well trained staff. The skill of the officials in the employment service largely conditions the extent to which it will win the confidence of employer and workers. This question has not yet been seriously tackled in Turkey; indeed there is a tendency to neglect it and to concentrate on other tasks, such as the extension of the activities of the service or of its material means. It cannot be too much emphasised, however, that it would be a mistake to relegate the questions of staff to the background, since the solution of these questions is an essential condition to the achievement of real progress. A number -of suggestions will be submitted in this connection. Recruitment At present the conditions prescribed in the staff regulations for officials in the Turkish employment service are inferior to those prescribed for their counterparts in other Government departments. This position should be adjusted, for an efficient employment service cannot be established unless the services of capable officials can be secured, and this will be impossible unless the officials are offered conditions equal to those obtaining in other administrations. In this connection it should also be noted that the salaries of officials in the employment service are not high. Apart from the question of their assimilation to other categories of officials, however, this applies to all civil service posts, and the position probably requires adjustment within the framework of more general measures. Because the employment service is a recent creation, it is difficult to recruit staff already familiar with the work they will be called upon to do for the various administrative categories. In fact, the diversity of origin of the various officials recruited naturally gives rise to different conceptions of their duties and functions. Some officials are chiefly concerned with administra- 224 LABOUR PROBLEMS IN TURKEY tive questions, while others are interested above all in technical questions, such as vocational training; others again deal with the employment question more especially from the social angle. A problem of staff training is here involved, and it would be well to select the officials with an eye to the greater homogeneity of the staff. The Order of 5 May 1949, which establishes conditions of recruitment and makes provision for holding competitive examinations, constitutes a decisive step in this direction. Even so, difficulties may yet arise during the period of the expansion of the service, when it may be necessary to fill leading posts by means of the appointment of officials without prior examination. In this case candidates who have already had some experience in education, sociology and social services should preferably be chosen. While technical and economic questions loom large in the employment service, the social aspect of these problems is the basic factor; and it is therefore of the utmost importance that the high officials in the service should already possess adequate training in this matter. In addition, the various categories of staff should not be organised into watertight compartments, and the highest posts should be open to every official whose work is satisfactory. To make this possible, the necessary training facilities should be provided. Training Vocational training of the staff in the employment service is regarded as a necessity, irrespective of the stage of development of the service. It is absolutely essential when the staff is made up entirely of new officials who possess neither the vocational knowledge not the practical experience required for their work. From this point of view the position in Turkey is particularly critical. The officials in the employment service are most eager for an opportunity to acquire information and training; despite this fact no worthwhile effort has yet been made to enable them to do so. Since the problem is a comprehensive one, the best solution would be to begin at the highest posts and thereafter to organise vocational training schemes for the different categories. The first step might be a scheme whereby a number of high officials could receive the appropriate training abroad. Such a scheme could be drawn up by the I.L.O., in consultation with the Turkish Government. It should include a training period with the Office at Geneva, when the officials would study employment service legislation, the various problems arising in connection EMPLOYMENT AND VOCATIONAL TRAINING 225 with the organisation of such a service and the manner of their solution, and a training period with one or two national administrations, for practical experience.1 To achieve successful results, the following categories of officials should undergo such periods of training: (i) officials holding directors' posts in the central service; (ii) officials responsible for the organisation of the employment service and who deal with employment questions; (iii) statisticians; (iv) officials responsible for the organisation of vocational training. At a later stage the central service could organise a training syllabus for its own staff and for that of departmental and local sections. The documentation required for the purpose could be supplied by the Office or through its agency. The Note on the Recruitment and Training of Staff in Employment Services, which was submitted to the European Meeting of Experts (London,. December 1946), sets forth the general principles and objects that must be contained in such a programme. Very likely it could not be fully developed from the beginning. It is essential, however, that a start should be made with its implementation and that it should be gradually completed. The central service should immediately issue instructions to departmental or local officials inspecting industrial establishments to pay more attention to manpower and vocational training problems, as well as to manufacturing techniques and trades. It does not appear that, at any rate in the districts visited by the Mission, the officials in the course of their inspection visits have hitherto taken notice of any questions other than the search for vacancies for employment. It would be extremely useful if they could take advantage of every possible occasion to widen the scope of their factory inspections, thereby acquiring or extending their vocational knowledge. An efficient vocational training curriculum for the staff—of which only the basic factors are set forth above—could doubtless be drawn up by means of technical co-operation between the employment service and the I.L.O. 1 The training period at Geneva could be combined with visits to the Swiss employment service. 226 LABOUR PROBLEMS IN TURKEY Co-operation between Employers and Workers and the Employment Service Co-operation between employers' and workers' organisations and the employment service is also a fundamental factor. There is little hope of breaking down the isolation of the service and of gradually eliminating the lack of understanding of its activities until such time as employers' and workers' representatives have been prevailed upon to take part in its work and in the solution of the problems with which it has to deal. For the time being, unfortunately, it appears that the industrial community has not yet realised the importance of an efficient employment service to the national economy as well as to undertakings and wage earners. With the exception of the State undertakings, few employers are aware of the real, usefulness of the service, and only a small number of undertakings apply to it. As for the workers' organisations, those consulted by the Mission gave the impression that they failed to understand the true function of the service and considered that placement was a task rather to be entrusted to the trade unions themselves. In other countries, too, currents of opinion may be found that are hostile to the employment service or indifferent to its achievements. In Turkey, however, these sentiments are even more widespread, and the establishment of true tripartite co-operation will certainly require many years. The problem should therefore be tackled at the earliest possible moment, and every effort made to establish the necessary machinery for co-operation throughout the service. A Central Advisory Committee already exists, composed of a representative of the Ministries in charge of economic questions, the Ministry of Health and Social Welfare, the general assemblies of every province and municipality that grants a subsidy to the employment service, and of representatives of the chambers of commerce and industry and the workers' organisations. The Committee is attached to the Ministry rather than to the employment service. So far, however, no advisory committees have been set up within the departmental sections. The Government is aware of this deficiency, and a Bill has now been drawn up to meet it. It is to be hoped that the Bill will be approved by Parliament at the earliest opportunity. EMPLOYMENT AND VOCATIONAL TRAINING 227 However, legislation of this kind, though essential to the establishment of a basis for practical action, is itself concerned merely with principle. The real task, and probably the most difficult, is to ensure that the advisory committees are possessed of real influence and do not become a mere legal fiction. In present circumstances there is a real risk that a new law may be added to existing ones without the functioning of the service being modified. To avoid this contingency the following suggestions might be considered: (a) The legislation establishing advisory committees within departmental sections should specify their composition and terms of reference. They should be composed of an equal number of employers and workers nominated by trade associations, and where necessary of other members representing local communities or services that have a direct interest in the employment service. The latter, however, should in no case be more numerous than either of the other two parties. The committees should be entrusted with the supervision of the organisation and functioning of the departmental sections, and should also be granted advisory powers in the same field. It may be premature to confer executive powers upon them, such as they possess in certain countries for certain questions. After a period of trial, however, an extension of their responsibilities in this direction could certainly be envisaged. (b) The director of the departmental section should take the greatest interest in the activities of the advisory committee. He should never omit to convene it and should make every effort to establish personal relations with its members, thus creating, as far as possible, an atmosphere of confidence within the committee. He should at first be careful to avoid placing before the committee general questions connected with the organisation and functioning of the service; but he should submit to it concrete cases directly involving undertakings or workers, and which are liable to give rise to fruitful discussions and to arouse the interest of the committee members. True tripartite co-operation depends essentially upon the ability of the directors of the various offices to establish a nucleus of interest among employers and workers in the activities of their service. The ideal solution on which they should concentrate, despite the difficulties to be overcome, should be that of seeing that workers and employers regard the employment service as their own, and not merely as a Government service. This task requires a great deal of skill and psychology. 228 LABOUR PROBLEMS IN TURKEY (c) It should further be stressed that co-operation between employers' and workers' organisations cannot reach full development unless they are induced to take an active part in other aspects of economic and social life. In short, a comprehensive policy is required, which cannot bear fruit unless it covers a very wide field. UTILISATION OF THE EMPLOYMENT SERVICE Present Position The utilisation of the employment service has so far been entirely voluntary. As the network of offices has developed there has been a gradual increase in the number of vacancies and applications for employment registered and in the number of placements effected. Nevertheless, the service is as yet far from covering a satisfactory proportion of the labour market from the geographical or the occupational point of view. (a) Only a few regions possess employment offices. In the others, arrangements exist for the service to function through the agency of the departmental labour directorates, but their activity in this respect appears to be insignificant. The general statistics contain no mention of any registration of vacancies or applications for employment, nor yet of any placements effected through them. Again, even in regions in which employment offices exist, the latter are not in a position to extend their scope to cover every industrial establishment, either because the area they cover is too extensive, or because their staffs are too small. In Istanbul there are sections comprising large industrial establishments (glassworks, shoe factories, public works undertakings) which possess no placement offices and are too remote from the nearest service. At Bursa the departmental office covers a total population of 539,379 persons, 282,000 of whom are gainfully employed. There are 6,412 establishments in this region, 299 of which come within the scope of the Labour Code. These employ about 12,000 workers. For purposes of comparison it should be pointed out that in the United States it is held that any community of 10,000 persons requires an employment office. In a number of other countries the figure is even lower. The Administration is endeavouring to remedy the position as best it can, and is contemplating the establishment of further EMPLOYMENT AND VOCATIONAL TRAINING 229 offices. Whether effect can be given to the plans under consideration depends, however, in the last resort on the financial position. (b) The undertakings applying to the employment service are mostly State establishments, which have received instructions to ensure that their staff is mostly recruited through the service. The other undertakings do not as yet make much use of the system, despite the efforts made by the placement officials. As stated above, numerous obstacles remain to be overcome in this connection; and departmental and local officials often complain of lack of comprehension on the part of employers. In some cases co-operation between employment offices and State services involves the risk of paralysing the future activities of the officials. The staff departments of the undertakings appear to have acquired the habit of continuing to recruit their workers directly, merely taking the precaution of registering them with the employment office before finally engaging them. This practice helps to swell the statistics, but as a result the officials have to be content with purely administrative duties, bearing no relation to the task of research and selection which they should by right perform. In these circumstances they have little hope of perfecting their knowledge and technical experience. (c) The number of applicants for employment is constantly increasing as a result of the surplus manpower, but it is impossible to find out to what occupational group they belong. Statistics compiled by industries show the branch of industry to which they belong, though even then it is impossible to ascertain whether this is the branch to which they belonged at the time of their registration as candidates for employment or that to which they have been assigned. The statistics compiled by the service convey the impression that more skilled than unskilled workers apply to the service, especially in the case of children. These figures should be accepted only with the utmost reserve. They are due first and foremost to the fact that all those who have even the slightest experience of a given trade or employment are classified as skilled workers. In addition, no distinction is made between manual and nonmanual workers; in all probability the latter are classed among the skilled workers. The real position is that most of the applicants for employment are unskilled workers, which is by no means surprising. Similar 230 LABOUR PROBLEMS IN TURKEY problems arise in connection with the use of the employment service in many countries which have had a fair amount of experience in this field. How to prevail upon skilled personnel to make use of the service is one of the most difficult problems to be solved; and yet this is an essential requisite for the efficacy of the placement system. Unless employment offices can supply skilled candidates to the undertakings, good vacancies tend to diminish, which in the end discourages applicants for employment from applying to the service and leads them to seek employment directly. Somehow the vicious circle must be broken; and to do this an experienced staff is clearly required. As a first practical measure, however, it might be suggested that the employment service should endeavour to establish close relations with technical schools in order to gain a thorough knowledge of the capacities of pupils undergoing training there and to find them suitable employment in industry. Any success that might be achieved in this way would help to establish the good reputation of the service and to further its use. This method, however, requires a great deal more than the mere communication of statistics of pupils undergoing training in vocational schools, as is done at present. (d) The number of placements effected rose from 20,912 in 1946 to 40,152 in 1948. The drop which has occurred during the past year is not due to a lessening of the service's activity but rather to an effort to produce figures more closely related to reality. In 1946 and 1947 all attempts at placement were counted as placements actually effected, while for 1948 only placements confirmed by the return of the introduction card issued to the applicant have been taken into account. Even so it may be that the present figures slightly overstimate the number of actual placements, because of the methods described above in connection with placement in certain State undertakings. In addition, it would have been interesting to ascertain what proportion of these placements refers to workers who frequently change their employment and make several applications to the local offices over a relatively short period. In view of the instability of labour, multiple placements of the same worker may possibly account for a considerable proportion of the total, which would still further reduce the actual extent to which the service is utilised ; but the Mission was unable to enter into this aspect of the question in the course of its investigations. EMPLOYMENT AND VOCATIONAL TRAINING 231 Proposals of the Turkish Government The Turkish Administration wishes to increase the utilisation of the placement service to the utmost and is contemplating drastic measures to this end : the introduction of a compulsory work book for wage earners and of the obligation for employers to recruit their staff through the service, and for workers to seek employment through the same channels. Provision has already been made for such steps in the Labour Code and the Act of 25 January 1946. The Work Book. The institution of the work book is intended to establish the occupational antecedents of the applicants and their true capacities. It is intended to eliminate the errors or false statements which now hamper the activities of the service, and so to facilitate efficient placement. In addition, it will enable the administration to ascertain whether all the workers who change their employment really do so through the service. This provision is not new. It was applied, for example, in France in the last century, and in Germany until the end of the last war. While it was successful in totalitarian States, it has left rather bad memories in democratic countries, because of the abuses to which it led on the part of the employers. Apart from the psychological aspect several objections may be raised to the institution of such a system in Turkey at the present time : (i) Workers are already compelled to have in their possession one document: the civil passport. In addition a social insurance card is about to be introduced. A multiplicity of administrative formalities of this sort is not desirable. On the contrary, every effort should be made to reduce them to a minimum. (ii) The undertakings also are overloaded with administrative formalities. The obligation to retain and to keep up to date thousands of work books would further complicate their task, especially in view of the present instability of labour, whereas measures to increase productivity might rather require some relief in this connection. (iii) So long as the employment service is not expanded and equipped with better staff, and while essential questions have not been solved, such as the establishment of tripartite co-operation, an occupational classification and the determination of the degree of occupational skill of the workers, there is every reason to be 232 LABOUR PROBLEMS IN TURKEY sceptical as to the results to be achieved by this system. Information entered in the work book may well prove to be as useless as that now being supplied, and its interpretation by officials of the service as ineffective as at present. However, the directorate of the employment service is most anxious to introduce these work books. It has pointed out that any psychological difficulties that might arise in other countries do not exist in Turkey. The sense of discipline in that country is highly developed, and the workers would regard the work book as a sort of diploma testifying to their experience and their occupational skill. As far as the Mission has been able to ascertain, this view appears to be justified. It should therefore not be forgotten that the problem arises in circumstances very unlike any that may obtain in western countries, for example. Nevertheless the setting in motion of a system of this sort calls for a few suggestions liable to facilitate its functioning. First of all, it should be preceded by the establishment of an occupational classification, with which the employers must thoroughly familiarise themselves. Failing this, any details concerning employment and occupational skill entered in the book would differ considerably for identical cases and would entail such divergencies of interpretation as would lead to grave disappointments. Secondly, the work book should be combined with the social insurance card. The first advantage inherent in this solution would be the condensation of two documents into one, with the additional advantage that the social insurance card has for the worker the value of a savings book, so that he is not so likely to lose it. It would also enable such of the present provisions as are undesirable to be avoided, for example, the provision whereby the wage earner must bear the cost of the labour card. The measures required for the combination of the cards could easily be agreed upon by the two administrations concerned. Compulsory Use of the Service. The obligation, on the part of employers and workers alike, to pass through the placement service is no new feature in employment legislation. It was applied by most belligerent nations during the last war; and although some of these have since dispensed with it, as they reverted to normal conditions, others have maintained it or indeed instituted it since the end of hostilities: France, EMPLOYMENT AND VOCATIONAL TRAINING 233 for example, and some countries of eastern Europe. Generally, however, the system has been introduced when manpower was scarce, to ensure the rational utilisation of workers. In Turkey, on the contrary, the position is one of underemployment of labour, and the purpose would be a different one, namely, to enable the service to be informed of every vacancy and every application for employment, in order to facilitate placement. The question that arises, then, is whether in present circumstances such legislation could be applied in Turkey. The structure of the employment system as a whole, geographically as well as technically, is clearly not sufficiently developed to handle this task. Directors of departmental offices consider that it would require a considerable increase of staff and equipment. Assuming that additional staff and equipment could be found, would the necessary credits be forthcoming ? In the United Kingdom, the placement service has handled employment control with a network consisting of H regional offices, 35 district offices, 36 labour exchanges, 483 placement offices, 181 auxiliary offices and 205 local agencies, employing a staff of 40,300. Germany in 1941 possessed 23 State placement offices, 463 local offices and 1,300 branches, employing 52,000 persons. In Turkey at the present time there are nine departmental offices and six local sections, with 58 officials. Bearing in mind the relative extent of industry in these various countries, it seems that the means available at the moment are out of all proportion to the work to be done. Even assuming that the system can function, in view of the fact that there is generally a surplus of manpower the offices would be in great danger of being unable to satisfy most of the applications for employment. Since, furthermore, the staff is in general not yet sufficiently trained, the risk of unsuccessful attempts at placement is also multiplied. In short, the possibility should not be ruled out that the final result may discredit the service in the eyes of employers and workers rather than contribute to its improvement. Apart from doctrinaire arguments, one fact may serve as an indication. The instructions given to State undertakings to apply to the employment service for their staff constitute a minor attempt to establish, in an attenuated form, a monopoly on placement, since these establishments make up a large proportion of Turkish industry as a whole. It has already been indicated that in some cases the methods of co-operation between these undertakings and the employment service have led to a form of employment control of no great practical importance, but has not resulted in 234 LABOUR PROBLEMS IN TURKEY increasing the activity of the service, for the very reason t h a t it is not yet sufficiently well equipped. The competent authorities are well aware of these difficulties. They are therefore contemplating a partial application of the system to certain regions, industries and categories of manpower. Even in this case, however, numerous obstacles would have to be overcome. The question of providing more staff and equipment would have to be solved in the case of the regions concerned. The question of lines of demarcation between regions to be subjected to the new scheme and those exempt from it would also arise and would confront the officials in charge with a vast number of concrete cases for solution. Nor could the system be applied to certain trades or categories of manpower until an occupational classification had been drawn up and statistics compiled to give a clearer notion of the occupational structure of labour. If the Government and the administration nevertheless wish to experiment with this system on a limited scale, they should first devote their special attention to the expansion of the service, the training of staff and the organisation of the essential machinery which has not yet been established, or which does not function smoothly (co-operation between employers and workers, inspection of departmental and local offices, compilation and interpretation of statistics, occupational classification). Next, the question should be carefully studied with the assistance of employers' and workers' organisations, not with a view to discussing the theoretical aspects of the problem, but rather on the basis of a specific plan, including the region to be chosen, the industry or trades involved and practical methods of applying the plan. Lastly, a trial period should be fixed, and on its conclusion the functioning of the system should be examined in order to determine the real results achieved. The question should be thoroughly examined in co-operation with directors of departmental sections and representatives of the industry and of the workers. In addition, the existing draft regulations should be amended to make them clearer and more precise. In so complex a subject, which may give rise to so many conflicting interpretations, it is essential that the persons concerned should be perfectly familiar with the obligations incumbent upon them. The regulations should consist of three clearly separated parts: one devoted to the institution of work books, a second to the compulsory utilisation of the employment service, and a third to general provisions respecting implementation, supervision, penalties and purely formal clauses. EMPLOYMENT AND VOCATIONAL TRAINING 235 The first part would have to be revised, should the suggestion for a combined labour and social insurance book be accepted. The second part should itself be subdivided into two sections, one setting forth the obligations of the employers, the other those of the workers. The provision stating that employers may recruit directly when the service cannot give them satisfaction (Article 4 of the draft) should be more specifically worded. A time lag should be fixed for emergencies and for normal cases, on the expiry of which the employer would be at liberty to recruit labour as he pleased. The director of the employment office could, moreover, be authorised to shorten these intervals when he deems such a step useful or necessary. Unless these specific details are added, the text in its present form might lead to differences of opinion between the service and the employers, which would be prejudicial to the interests of both parties. The general principle to be borne in mind is that regulations of this type should be sufficiently explicit in their essential provisions, yet at the same time sufficiently flexible in their application to facilitate the task of local officials, who will obviously have to be guided by circumstances. TECHNICAL ORGANISATION OF THE EMPLOYMENT SERVICE A great effort has been made to perfect the technical organisation of the employment service. The duties of the central and departmental authorities have been clearly defined. A series of instructions has been drawn up to establish uniform methods for the registration of vacancies and applications for employment and the placements effected. The registers and cards used for the purpose have been studied and standardised. A working programme covering a limited period has been established and communicated to the departmental services for application. Nevertheless, there are still a few gaps in this organisation, the most important of which are analysed below. Inspection of Employment Offices Technical inspection of employment offices is essential, since only in this way can it be ascertained that the instructions from the central service are complied with, and defects in the functioning of the system be discovered. 16 236 LABOUR PROBLEMS IN TURKEY So far, although provision has been made in the general organisation for an inspection service, in practice it has not begun to function. It is true that the departmental sections are visited by Ministry of Labour inspectors, but it does not seem that they carry out a proper technical inspection—they may not be qualified to do so. It is essential that competent officials from the central service should inspect the departmental offices periodically, and at fairly frequent intervals. The directorate intends to set up a special body of inspectors and has prepared draft regulations for the purpose. These call for a few criticisms. (a) In general too much emphasis is placed on discipline in the draft regulations. The task of a good inspection service is not merely to find fault; it should be even more to advise the officials and to support them in their activities. Psychologically speaking it would be preferable for the inspectors not to convey the impression that their chief object is to inflict penalties. The draft regulations should be amended accordingly. (b) Article 12 confers upon the inspectors the right, in certain cases, to dismiss officials. It seems preferable that only the directorate should have power to do so. The inspectorate should serve as a supervisory body, the role of which is not to take decisions but rather to supply appropriate information on which the decisions of the competent authority may be based. (c) Part IV, concerning the choice of assistant inspectors and the appointment of inspectors, provides for the recruitment of these officials by means of a competition open to persons under 30 years of age and possessed of certain university diplomas. Since the foremost condition for securing an efficient inspection service is a thorough knowledge of the service, which requires a period of practical experience, the question arises as to whether inspectors' posts should not be filled by promotion from among the most capable directors of departmental sections. The institution in the same service of two bodies of officials of different origin always involves an element of risk. It may lead to permanent conflicts and clashes between influences, which would affect the general functioning of the service. There appears to be little point in running this risk, since the solution whereby the inspectors are recruited within the service is doubtless the best from the technical point of view. EMPLOYMENT AND VOCATIONAL TRAINING 237 Employment Statistics Employment statistics may be considered from three points of view: (a) the determination of their object; (b) methods of compilation; (c) interpretation. At present the object of the statistics compiled by the service is simply to establish the number of vacancies and applications for employment and the placements effected. These numbers are calculated by departmental section, industry, sex and age, and by the occupational categories of workers, of which only two exist : skilled and unskilled workers. It would be useful to have other data, for example, indices of employment and of labour turnover. As matters now stand, however, the first step should be to improve the statistics now in existence before contemplating new ones. The only suggestion which could be immediately put into effect would be that statistics should be compiled of the number of establishments which apply to the service each month, classified by industries, and a note should be made of those which have approached the service for the first time. By the aid of such information it would he possible to assess whether the service is extending its scope to new undertakings. The information would be quite easy to collect, since each office has a card index of establishments which is always kept up to date and in which entries are made of any vacancies registered. The methods whereby statistics are at present compiled are extremely simple. Every local office establishes its own statistics by collating the information on its cards. It then transmits them to the departmental section, which repeats the operation and in its turn sends the documents to the central service, which draws up statistics for the whole service. The fundamental difficulty is to ensure that identical criteria are applied throughout the service. The directives issued by the central service are too general to guarantee that this is done. For example, are the statistics of applications for employment by industries based on the industry to which the applicant originally belonged or on that which he wishes to enter ? Can it be asserted with any degree of certainty that every section has adopted the same criterion in this connection ? As for statistics by occupational categories, is the discrimination between skilled and unskilled workers based on identical standards ? A systematic effort to establish uniform methods is required; and a good inspection service could achieve a great deal in this connection. 238 LABOUR PROBLEMS IN TURKEY The most important question, however, is that of the interpretation of statistics, which have no real value except in so far as they reveal employment trends and enable an appraisal of the efficiency of the service. It would seem that insufficient attention has hitherto been given to the utilisation of statistics. On closer examination it is found, for example, that 40 per cent, of the young workers applying for employment in 1948 are said to be skilled workers—a percentage figure which appears most unlikely. In all probability the fact that the young worker is already employed is used as a criterion in this case, and when he is not a mere labourer he is regarded as having a trade and consequently as a skilled worker. If these statistics were accurate they would probably show that most of these young persons have had no vocational training. Again, a study of the percentage of placements effected by departmental sections shows that it fluctuates between 44 and 93 per cent. Why should there be such discrepancies between the figures ? Is it due to special circumstances ? At all events, the percentage figure of 93 appears unduly high. Here again a study of the statistics provides food for thought. An effort may be made to ascertain the activity of the service from a comparison between the number of applicants for employment and the placements effected. But to evaluate this factor with any degree of accuracy two additional items of information would be very useful: the number of attempts made to effect placement, and the number of cases in which the result oí such attempts is unknown (introduction card not returned). Failure to find employment for applicants may be due to economic causes (insufficient vacancies) or to technical ones (unsuccessful attempt at placement). Separate entries for applications, attempts to effect placement and the placements actually effected would do a great deal to enable a more accurate appraisal of the position. Mention should be made of attempts the result of which is unknown, as a closer approximation of the number of failures could thus be made. Lastly, the monthly statistics drawn up by the departmental sections should be accompanied by brief explanatory notes drawing attention to items of special interest. All too frequently statistics mean just another document. The employment service should realise that they constitute a valuable means to control the activities of its sections, and that it should make the best possible use of them. EMPLOYMENT AND VOCATIONAL TRAINING 239 Placement Methods The central service has issued administrative instructions establishing the procedure to be followed in effecting placements. These directives, however, deal mostly with the making out of cards and their classification. No definite instructions are given concerning the registration of candidates, the reception of notices of vacancies, the linking up of applications and vacancies or the selection of candidates, and each office deals with these matters by its own methods. In some cases, for example, the classical method is applied of registering the application, by interview, after which a card is made out and a search is made among the available vacancies to ascertain whether there is one to suit the candidate. In other cases, however, the candidates are herded together in the office, generally at opening time, and a list of vacancies is read out aloud by the official in charge of placements. Persons interested in any of these apply at once and are sent to the employer. This method is occasionally applied in certain countries in the case of some temporary placements, such as supernumerary hotel, café or restaurant waiters; but it should not be considered as a normal placement method. No selection at all is possible and the risk of failure is very great. It is also to be noted that inadequate occupational information is entered on the application and vacancy cards, because the information supplied by employers and workers alike is rather vague, and the officials in charge of placement are not sufficiently familiar with industrial methods and the characteristic features of the different occupations. The linking up of available vacancies and applications for employment is often effected by empirical methods, without any previous attempt to classify the applications by groups of skills, or the vacancies according to the nature of the work. These deficiencies can only gradually be made good, as the officials in the service acquire more experience and technical knowledge. It is mostly a problem of staff training, but local sections could be supplied with information on methods of placement, which would help them to improve their methods. The note drawn up on the subject by the International Labour Office for the use of the European Meeting of Experts on Technical Problems of Employment Service Organisation (London, December 1948) would be extremely useful to them. In addition, these questions could be discussed at periodical meetings between directors of departmental sections, to be held 240 LABOUR PROBLEMS IN TURKEY at headquarters. In this connection, there seems to be insufficient liaison between the service at various levels. Regular or special conferences of the officials from the different regions and services would greatly facilitate the clarification of the employment policy and the standardisation of methods. In many countries they constitute a means of national co-ordination, which is regarded as very important. Job Classification As has already been stated, the absence of any kind of occupational classification greatly impedes the efficient functioning of the service. The only classification available is that of industries, which is used for the establishment of statistics, and the classification of application and vacancy cards. The sections are endeavouring to meet this need by adding under the various headings of industries the names of occupations most frequently met with in the course of their work. A good deal of confusion is the result. A proper occupational classification should be drawn up as soon as possible, quite distinct from the classification by industries. The difference between the two methods lies in the fact that one consists of the distribution of undertakings by their activities and the other of the distribution of individuals by their trades. Close co-operation with employers and workers is essential for the establishment of an occupational classification. The work will take time and should be tackled gradually, beginning with the most important branches of industry. The tendency to establish a classification based on rather complex criteria should be avoided, no matter how important they are, as for example the degree of occupational skill. It would be better for the time being to abide by the basic criterion alone of a differentiation between occupations, based on the nature of the work. To facilitate the task of the employment service, the Office intends to transmit to it shortly several copies of the report now being prepared on occupational classification for the meeting of statistical experts.1 This document will help to establish the basic principles to be observed in this respect. Also, if the Turkish Government wishes, the Office could give it direct aid in the preparation of a draft classification based upon any information it might 1 International Standard Classification of Occupations : Report prepared for the Seventh International Conference of Labour Statisticians (Geneva, September 1949), Studies and Reports, New Series, No. 15 (I.L.O., Geneva, 1949). EMPLOYMENT AND VOCATIONAL TRAINING 241 be able to supply concerning the industrial and occupational structure of the national economy. Vocational Training Vocational training in Turkey is a fundamental problem. It is the key to the policy of industrialisation carried on for the past 20 years. It is also, to a large extent, the very foundation of increased labour productivity, which is indispensable to the success of this policy. It is therefore not surprising that this question should at the present time be a major source of concern to the Government authorities, the industrialists and the workers themselves. The need to develop vocational training has been constantly stressed in every discussion between the Mission and the personalities or organisations concerned. The opinion seems firmly established that a special effort is required in this field to enable the Turkish economy to advance a further step along the road to progress, with a view to raising the standard of living of the population. In order to meet this situation, Act No. 3,457 concerning vocational training was adopted, which lays upon undertakings employing more than 100 persons the obligation to establish upgrading courses, and the Ministry of Labour has directed the activity of the employment service towards vocational training. Since 1946 this service has accordingly instituted a number of courses for apprentices and adult workers. In addition, its working programme for 1949 includes a study of the most suitable means to apply the above Act, and of the number of skilled workers required by industry. It seems, however, that the implementation of these measures is fraught with great difficulties due to a number of economic and social factors. The aims to be pursued in regard to vocational training are not clearly defined. The measures taken are often fragmentary and lack the necessary scope for extensive action covering all the workers. All the parties concerned are agreed in admitting that the provisions of Act No. 3,457 are not in keeping with present requirements and need revision. It seems therefore obvious that a comprehensive examination of the entire question of vocational training is required; and the suggestions and recommendations set forth below, which are based on information 242 LABOUR PROBLEMS IN TURKEY collected by the Mission, are intended to facilitate such examination and to lead to effective solutions. ECONOMIC AND SOCIAL FACTORS AFFECTING TRAINING Whatever the measures taken to further occupational training, their real value very largely depends upon the economic and social circumstances of employers and workers. The authorities in charge of vocational training are not always in a position to bring about a change in such circumstances and to make them more favourable to the development of good training methods. But at all events, in assessing the real scope of a vocational training policy, it is very important that the effect of such factors should be ascertained. The most important factor is general education. It is obvious that vocational training is rendered difficult so long as this education is inadequate. Illiterate persons may, at best, become good specialised workers, but they have little hope of exceeding this level and reaching higher posts. A considerable effort has been made in Turkey to develop primary teaching. Yet, according to information gathered from employment offices, the number of illiterates among the workers remains high. Act No. 3,457 makes provision for general education courses for such workers in establishments employing more than 100 persons; but so far these courses have yielded scant results and not all the establishments concerned have organised them. The question arises whether the undertakings should be entrusted with this task, and if so whether they have the practical means to perform it. With the exception of undertakings engaged in State industries, the economic and social objects of which do not resemble those of private undertakings, the Mission has met with but little interest on the part of the employers in the organisation of such courses. It would seem that the solution of entrusting undertakings with this responsibility is an easy expedient, which will never get beyond the stage of legislation. The problem is much more extensive than that and involves the systematic development of all available means of providing additional general education, with the assistance of primary schools, technical schools, public and private institutions for young persons, and also of the army, when the young men are called up for service with the forces. The second factor which greatly affects the extension of vocational training facilities is the instability of labour. Employers EMPLOYMENT AND VOCATIONAL TRAINING 243 are reluctant to establish training facilities for the benefit of young persons or adults who frequently give up their employment. Some establishments have taken special steps to overcome this difficulty. For example, the Izmit paper mills and the naval construction yards at Istanbul compel their apprentices to sign a contract of employment for a period equal to that of their apprenticeship. The problem, however, is a much more general one, and it is doubtful whether it can be solved until such time as the labour force attains normal stability. The insufficient range of wages may be regarded as a third factor. Most of the workers who are graded above unskilled labourers are not entitled to a very high wage differential, probably because their occupational value is in reality still rather low. Consequently many young persons prefer to undertake work that holds out the promise of immediate earnings rather than embark upon a fairly long period of apprenticeship. The wage rate similarly affects vocational training; since workers' incomes are low, parents tend to send their children to work early, and sometimes to make them interrupt a course of vocational training they have begun. In this connection the statistics of the number of pupils who give up attending technical schools or the apprenticeship courses established by the employment service are significant: more than 30 per cent, of the pupils fail to complete the course. Hours of work are another decisive factor in vocational training. It is useless to expect workers or young people who are compelled to work 10 hours a day to attend vocational courses when they have finished. Some establishments, such as the Pasabace glass-works, stated that they had tried to organise courses out of working hours and that not one of their workers had been willing to attend, but they would have been prepared to do so had the courses been held during working hours. This measure, at all events, is essential in the case of young persons. Further deterrent factors were mentioned in the course of conversations between the Mission and the employers' representatives. The difference, from the taxation point of view, between large and small undertakings might lead trained workers to leave the establishment to set up as craftsmen. In these circumstances, the employer would not merely stand to lose the benefits of his efforts; by these very efforts he would also have helped to set up rival establishments. Similarly, the obligation in undertakings employing more than 100 persons to set up vocational training 244 LABOUR PROBLEMS IN TURKEY courses is superimposed on the other burdens they already have to bear and places them in an unfavourable position by comparison with smaller firms. All this would partly account for the lack of eagerness on the part of most employers to give effect to Act No. 3,457. It is extremely difficult to change these various factors at a moment's notice and to eliminate their influence on vocational training; but they must be analysed and their effect ascertained before a realistic vocational training policy can be evolved. Such a policy cannot bear fruit until such time as the responsible authorities gradually succeed in removing these deterrent elements. GENERAL TRAINING POLICY Need for a General Policy The first requirement is the definition of a general vocational training policy including specific objects and guidance for practical action. So far, it appears that the need to organise and develop occupational training, of which a varying degree of awareness exists, has found its expression solely in terms of isolated decisions dealing with specific points, such as adult training, but that no effort has been made to consider the problem in its entirety. In addition, legislation governing the subject is not always sufficiently in touch with the possibilities of practical achievement and includes some theoretical provisions ill-adapted to the real position. This is true, for example, of Act No. 3,457. A vocational training policy should be based on two principles : the co-ordination of training systems with a view to a common objective, namely the balance between needs and the skilled labour available, and realistic measures based upon the available means and resources. In other words, adult training cannot be separated from the training of adolescents, to which it is complementary, and in-plant training and teaching in technical schools and special centres should be co-ordinated. Consequently the Ministries concerned and the employers' and workers' organisations should undertake this essential task together before any practical action is taken in the matter of vocational training. EMPLOYMENT AND VOCATIONAL TRAINING 245 Principles Suggested To lay down a general vocational training policy, exhaustive study would be required, and this the Mission was unable to undertake in the course of its stay in Turkey. However, the conclusions drawn from such information as it was able to gather are set out below. fa) Not one of the heads of establishments or the leading personalities consulted referred to the insufficient number of allegedly skilled workers. At any rate, on the few occasions when the Mission's attempts to raise the question were successful it was almost impossible to acquire a definite idea of the trades in which this shortage made itself felt. On the other hand, all the opinions requested were unanimous in stressing the low level of occupational skill of the workers holding posts as foremen, skilled or specialised workers. If these opinions are borne out by the facts, the question is above all one of quality and not of quantity, and this would have considerable repercussions, for the entire problem of vocational training should then be directed towards raising the level of skill. The essential aim would be to make the available training facilities more effective rather than to increase their number. (b) To this end, the training systems now in existence should be examined with a view to ascertaining whether the level of training they are intended to provide is in keeping with the demands of industry, and also whether they are really capable of attaining that level. It would clearly be useless and costly to set up further vocational training courses while the existing ones do not yield adequate results. (c) In industrial undertakings the initial effort should take the form, not so much of upgrading courses for skilled or specialised workers, but rather of training overseers. It is generally felt that even when these workers possess a sound technical knowledge, which does not appear to be always the case, they lack the general and occupational capacities required for the organisation of the work in their workshop or team, and for directing and training their staff. This is a crucial point in industrial organisation; and it is essential that a major effort should be undertaken in this hitherto neglected field. In addition, the overseers are generally responsible for teaching apprentices or new recruits their work ; and these could of course not be expected to acquire a 246 LABOUR PROBLEMS IN TURKEY higher degree of vocational skill than their instructors possess. (d) Legislation should be standardised on the basis of the vocational training policy, and administrative co-ordination ensured. Although no very definite information has been obtained on this subject, it would seem that vocational training is governed by laws concerning such subjects as public education, industrial organisation and labour organisation. Duplication of these provisions should be avoided, for in the end they would thereby lose much of their effectiveness. Close co-ordination should also be established between the Ministries in charge of economic questions, national education and labour for the establishment and implementation of a vocational training policy, in conformity with the recommendations set forth above. ORGANISATION OF TRAINING SYSTEMS Vocational training is given by different systems, some intended for adolescents, others for adults, some given in schools or centres, others in undertakings. A distinction should be made between technical education, apprenticeship, the training of adult workers and the training of overseers. Technical Education Technical education is particularly advanced in Turkey. There are 78 vocational schools giving initial pre-employment training. It is estimated that about 40,000 pupils at a time can be trained in these schools. The organisation is supplemented by evening classes, also highly advanced, and by itinerant training courses for craftsmen in small localities. Vocational schools in principle train skilled workers in the wood, metal and building industries and public works. The duration of the course is five years, including one year's preapprenticeship training, which is sufficient to ensure a high standard of training. In addition, efforts are being made to further the practical nature of training by the organisation of periods of practical work in undertakings during the holidays. There is also a tendency to provide as far as possible multiple training, for example, by training pupils in the metal section in the three trades of fitter, turner and miller. The importance of this organisation for technical training must not be under-rated. From the standpoint of the extent of the EMPLOYMENT AND VOCATIONAL TRAINING 247 training facilities, it bears comparison with that in many countries in a much more advanced stage of industrial development. Some schools, such as that at Ankara, are remarkable, not only for their modern buildings, which are very well suited to their purpose, but also for the variety and quantity of their equipment and the high standard of the education provided. Even so, attention should be drawn to a number of essential points connected with technical education, based on the Mission's observations in the course of its visits to certain technical schools (Istanbul, Ankara and Izmir) and upon the information provided by the authorities in charge of technical education. First of all, while the geographical distribution of the schools is satisfactory, this does not appear to be true of occupational distribution. In other words, in this respect technical training does not appear to have been organised in close co-ordination with the establishment of new branches of industry. For example, while the textile industry is one of the largest in the country, there exists no technical school teaching the textile trades. It might perhaps be well to consider whether technical training is not too largely directed towards craftsmanship and whether, as a result, arrangements should not be made to develop the system in a manner more in keeping with the expansion of industrial activities. Secondly, some schools do not possess sufficient machine tools to ensure adequate practical training. This particularly applies to the schools visited at Istanbul and Izmir. In some cases the proportion of the number of machines to the number of pupils is one to 15. On an average it is assessed at one to every six, whereas a reasonable proportion to aim at would be one to every two or at least one to three. Consequently, it is impossible to ensure that the number of hours of practical work specified in the programme, which should in principle be equal to the number of hours of theoretical work (four hours per day) is attained. The position is particularly critical at Istanbul, for example, where the hours of work on the machines is reduced to 17 per annum per pupil. The chief expedient now applied to remedy the position is to stimulate the manufacture of machine tools by the schools themselves, but the need is so great that to solve the problem by this means alone will take a long time. Since throughout the Mission's visits the employers have constantly insisted on the inadequate degree of practical training, other means might with advantage be considered, such as the granting of priority to technical schools in the alloca- 248 LABOUR PROBLEMS IN TURKEY tion of material supplied to Turkey within the framework of international relief programmes applying to that country, or the possibility of concluding agreements with industrial undertakings, whereby trainees at technical schools do part-time work in these undertakings throughout their training period. This method, known as the " co-operative system ", is frequently applied in the United States. The Office could supply the competent authorities with practical documentation on the question. The rather high number of trainees who give up their training before their technical studies are complete constitutes another weakness. Although there is room for about 40,000 pupils, the annual number of pupils who complete their five-year course does not reach 4,000. It is true that, no very definite conclusions should be drawn from these figures without a more exhaustive study. Training facilities are being constantly extended, and as a result the number of pupils leaving on completion of their training can only gradually increase. The directors of schools consulted, however, stressed the high proportion of trainees who fail to complete their course ; at Izmir, for example, it is assessed at more than 20 per cent, of the total number of trainees. The position at Istanbul is said to be the same. Probably, the resultant wastage is not a complete loss, and many young men who have failed to complete their training become specialised workers, but since the problem of vocational training appears to be above all a matter of quality, the matter is extremely important. The essential cause of this position appears to be the low standard of living of the workers, which tempts parents to find paid jobs for their sons immediately they have acquired a certain degree of occupational specialisation. The influence of the economic and social factors analysed above can here be seen. To improve this situation without loss of time it would be necessary for the Government to grant larger credits to enable the various forms of allowance paid to the trainees to be increased, so that their material position would not compare too unfavourably with that of young workers in paid employment. A choice will have to be made between the expansion of training facilities and a better use of the existing ones. This is essentially a problem of vocational training policy. It should be added that where necessary the adoption of the system referred to above of co-operation between school and industry would also further a solution of the problem, since in this way the trainees could receive a part-time wage. EMPLOYMENT AND VOCATIONAL TRAINING 249 Lastly, in view of the length of the training period, the standard of vocational skill achieved is not very high. It appears to correspond with that achieved in western countries after three years' training and is very inferior to that of trainees in technical schools in Switzerland, for example, who go through a four years' course of study. The fact, however, that the first year is a pre-apprenticeship one should not be overlooked. But in view of the fact that the industry needs well trained manpower and that the financial means of the schools are limited, the question of drawing up and applying training methods as well as methods of training instructors should be carefully considered. The Office would be able to provide the competent authorities with technical information and documentation on recent trends in countries which have undertaken studies and research into these questions. Apprenticeship Apprenticeship is a system of training whereby the employer undertakes to employ a young worker and to teach him or cause to be taught to him, methodically, a given trade for a period fixed beforehand, during which the apprentice must work in his service. This was the traditional method of training whereby occupational skills were handed down under the old corporations. Although the economy has undergone fundamental changes since those days, apprenticeship is as much in practice as before and it is of the utmost interest. In Turkey at the present time no large-scale apprenticeship system appears to exist. The Ministry of Labour is endeavouring to adjust this matter and a Bill to this effect has been drawn up. But before such a measure can be really effective it should be suited to the present position. (a) The conditions into which apprenticeship in modern industry must be made to fit are quite different from the conditions for which handicraft apprenticeship was designed. Personal relations between master and apprentice in the craftsman's workshop were quite unlike those obtaining today in large undertakings, where the position of the apprentice is exactly the same as that of other workers. As a result, the most important feature is to protect the apprentice against the abuses that may arise from such conditions of employment. Again, while full training can be given in all handicrafts, this is not the case in industry, where a large number of jobs do not require more than a fairly brief period of technical initiation. In the textile industry, for example, most 250 LABOUR PROBLEMS IN TURKEY of the workers are specialised workers who are not in need of a long period of training. Any system of organisation evolved should be based on a definition of the trades for which apprenticeship is required. The period of apprenticeship used to be calculated on purely traditional factors, sometimes influenced by the monopolistic tendencies of some of the corporations, which favoured an undue extension of the training period. Today, on the contrary, the duration of the apprenticeship is to an increasing extent conditioned by an exhaustive analysis of the various elements of the trade concerned, whereby the scope of each successive stage of the training course can be established, and the rational duration fixed. As a result of this development there has been a radical modification of the spirit informing apprenticeship legislation. The legal aspect, whereby the rights and obligations of master and apprentice were specified, has given place to the technical aspect; and for this reason the law now being drafted by the Ministry of Labour, which contains mainly legal provisions, should be subjected to extensive revision on the basis of the above remarks. The Office could assist the Turkish Government in framing appropriate legislation. (b) Adequate legislation, nevertheless, is not sufficient to further the extension of apprenticeship, which is subject to certain fundamental conditions. First of all, apprenticeship cannot yield good results unless the overseers and skilled workers already employed in the industry, and who are in practice responsible for training the apprentices, have themselves achieved a fairly high level of occupational skill. This observation has already been made, and it has a special bearing upon apprenticeship at a time when an attempt is being made to assess the part to be played by this system in the development of training methods. A good apprenticeship system cannot become a practical possibility unless it is combined with an effort to improve the occupational skill of supervisory staff. Secondly, apprenticeship committees should be established, first at the national level and then at the regional level. They should include representatives of employers and workers and of the administrations concerned, in order to ensure the effective implementation of apprenticeship methods. This is the most difficult task of all, since it means putting existing legislation into practice. Further, the Ministry of Labour should possess a body of technical officials capable of drafting apprenticeship programmes, EMPLOYMENT AND VOCATIONAL TRAINING 251 supervising their application and organising end-of-apprenticeship examinations, in close co-operation with employers and workers. Special importance should be attached to the organisation of a system of technical supervision. In most countries, the failure of apprenticeship as a training system and sometimes its decline have been attributed to the fact that this control was insufficient. Training of Adult Workers Vocational training of adult workers is now given either in establishments employing more than 100 persons, in pursuance of Act No. 3,457, or in the shape of courses established directly by the employment service. The courses organised by this service are not widely followed. In 1946 they were attended by 65 workers, in 1947 by 95, and in 1948 by 41. In addition, the ground covered by these courses may be of some general interest, but it does not appear essential to the national economy. There are courses notably for domestic staff, printers, dressmakers, wine-waiters and some occupations in the metal trades for which technical training holds out far more extensive possibilities. In this form the action initiated by the employment service does not appear likely to be very effective. The organisation of reasonably well equipped centres for adults, capable of training a large number of workers, demands considerable funds, out of all proportion to those now at the disposal of the service. In addition it requires administrative and technical staff, which has itself to be recruited and trained with due regard to the importance of the steps taken to this end. Nor can it constitute an effective solution to the question of training adult workers in Turkey, at any rate under present conditions, and the appropriations required for its large-scale extension could be more rationally applied. As for the upgrading courses organised by undertakings, mention has already been made of the difficulties inherent in the implementation of Act No. 3,457, whereby they were established. In practice, they have been instituted mostly in State undertakings, i.e., in establishments where no compulsion was really required. It should, however, be pointed out that other undertakings have likewise made attempts to provide upgrading courses for their staff, especially at Istanbul, Bursa and Izmir. In 1947, 769 adult workers attended these upgrading courses; in 1948 there were 1,731. Here, however, as in the case of students attending 17 252 LABOUR PROBLEMS IN TURKEY technical schools, there has been a considerable percentage of withdrawals during these two years, when only 434 and 1,460 workers, respectively, finished their course. The fact is that Act No. 3,457 will remain difficult of application while the aforementioned factors hindering its development continue to exist. To attempt to compel employers to institute a vocational training system would be useless. The general trend of the policy pursued in this matter should be modified. The employment service, which is responsible for this policy, should devote its efforts above all to making employers and workers realise the importance of vocational training, to disseminating plentiful and well chosen technical information, and to assisting undertakings in organising their training systems if they so desire. For example, many employers have considered the question of training specialised textile workers, prior to their entry upon productive work, because such training is clearly necessary and yields immediate results. Very interesting results have been achieved with this type of training in the United States, France and the United Kingdom; it has made possible an improvement in the training methods, and a high rate of output has been obtained in a very short time. The employment service might with great advantage consider these problems and supply information to the industries; but to do so it would require a body of experts in matters of vocational training, which it has hitherto been impossible to establish. To sum up, failing financial aid, which in present circumstances cannot be granted to the undertakings, the employment service should concentrate rather on the supply of technical aid than on compulsion, which in any case remains fictitious, since the penalties laid down are never applied. Training of Overseers Generally speaking, the training of overseers should cover the following subjects: (a) the improvement of technical skill; (b) improvement of general education; (c) initiation into personnel management, the organisation of labour and educational methods of vocation teaching. For the past few decades the lasi-mentioned aspect of training has become very important in European and American countries, under the stimulus of steps taken in Switzerland and the United States. The " training-within-industry " scheme, devised and applied with great success during the war, has now taken root in a EMPLOYMENT AND VOCATIONAL TRAINING 253 number of countries throughout the world.1 It has made possible the rapid training of new foremen and the improvement of the skill of existing ones, and has thereby facilitated the training of skilled and specialised workers. Within the framework of its manpower programme, the I.L.O. . has put into operation a special programme to provide information to any country desiring it concerning the various systems of training supervisory staff, especially the training-within-industry system. A meeting of European experts convened to deal with the question met at Geneva from 31 March to 2 April 1948. On the recommendation of this meeting the Office organised at Paris in May 1948 an international training course for monitors in Belgium, France, Italy and Switzerland. A second course, intended for France alone, was held in July 1948. During its visit to Turkey the Mission drew attention to the importance of this question to the Turkish economy, and outlined the possibility of establishing the training-within-industry system, with the aid of the Office. Industrialists consulted in the matter were particularly interested in it. The Directorate of the Sümer Bank is considering holding a first training course, which might be organised by experts attached to the Office. The training of supervisory staff is so important to Turkish industry that too much emphasis cannot be laid on the need to take action to this effect, within the framework of the general vocational training policy. Should the Turkish Government share the views set forth above, it would doubtless be easy to establish, in co-operation with the Office, a special training programme likely to yield fruitful results. Administrative Organisation The establishment and application of a vocational training policy presupposes the establishment of an administrative organisation including the following three essential elements : (a) a clear definition of the responsibilities of the competent authorities ; (b) the institution of co-ordination machinery; (c) the training of skilled administrative and technical staff. 1 Cf. " Training Within Industry in the United States ", in the International Labour Review, Vol. LIV, Nos. 3-4, Sept.-Oct. 1946, pp. 160-178. 254 LABOUR PROBLEMS IN TURKEY Because it covers various categories of workers and all branches of activity, vocational training is the concern of several Ministries— generally those dealing with educational, labour and economic activities. The part played by and the powers of each of these Ministries should be clearly defined to avoid encroachments and overlapping, such as is likely to arise when different authorities are active in the same field. In Turkey, the general division of work seems fairly clearly established between the Ministry oí National Education, which handles technical training, and the Ministry of Labour, which is responsible for in-plant training. Even so, both are concerned with adult training by means of evening courses in vocational schools and special courses instituted by the employment service. In addition, there is a considerable proportion of State industry which compels the Ministries in charge of economic questions likewise to devote some attention to vocational training. It would therefore be well to consider the problem in its entirety, so as to ensure that there is a rational division of responsibilities in this field. No absolute separation should, however, be established between the activities under each responsible authority; on the contrary, they should be co-ordinated and steps should be taken to ensure that they supplement one another. To this end co-ordination machinery is required to allow comparison between the different points of view, as well as the establishment of general directives and steps to ensure that they are duly applied. The first step might be the establishment of a national vocational training committee, composed of representatives of the Ministries concerned and of the employers' and workers' organisations. Such a committee could do much to further a study of the general problem of vocational training. From a more technical standpoint, a co-ordination committee composed of officials of the technical training and employment services might also be established, to meet periodically to discuss any questions arising in each of the aforesaid services, and to establish close liaison between their activities. Thereafter, the setting up of advisory committees at a local or departmental level could be considered as and when required, as well as the establishment, if necessary, of vocational committees responsible for a given branch of activity. This process of the extension of co-ordination bodies has also been adopted in countries whose industries are highly developed. EMPLOYMENT AND VOCATIONAL TRAINING 255 In Turkey it is doubtless essential that a beginning should be made with the foundations of such a structure, lest vocational training activities should develop independently and lead to an irrational and costly organisation, subsequent modification of which would be difficult. Lastly, each training system should be guided by a body of highly trained administrative and technical officials; but the employment service does not yet possess the supervisory staff it requires for vocational training. As in the case of employment questions, the best solution would appear to be that two or three high officials should be trained at the I.L.O., and in agreement with that Organisation should draw up a programme of visits to one or several western European countries. These officials should then be in a position in their turn to train other administrators or technicians, and in this way gradually to establish a service well suited to promote the effective organisation of vocational training. I CONCLUSION In submitting its report, through the Director-General of the International Labour Office, to the Turkish Government the Mission ventures to express the hope that its survey of the situation and its various suggestions may prove useful. It realises that its report is by no means exhaustive. It has, in fact, deliberately tried to confine itself to the discussion of issues that appear to call for a solution in the immediate future—issues, that is to say, which forced themselves upon its members' attention in the course of their visit to Turkey, or issues to which their attention was specifically drawn by the Minister of Labour and his collaborators. It hopes also that its report may be the starting point for further co-operation between the Turkish Government and the International Labour Organisation in the search for appropriate solutions to all sorts of detailed technical problems in various fields. For their part, all its members feel that they have learned a great deal in the course of their visit to Turkey and their study of Turkish labour problems. They are convinced that Turkish experience in this field will be followed with interest and profit by other countries both in the same area and in more distant parts of the world. The Mission has devoted careful consideration to the question whether it would be appropriate to append to its report a summary of its recommendations. It has come to the conclusion that in this particular case such a summary would be of little use and might actually be misleading. Many of its suggestions are put forward in an extremely tentative form. On various points it has confined itself to drawing the Government's attention to a problem, and indicating various alternative solutions. In some cases the suggestions put forward refer only to the fairly remote future. Other recommendations, again, are so detailed and technical in character as to defy summarising. It therefore appears most appropriate to leave to the Minister and his collaborators the task of extracting from the report those recommendations which appear to lend CONCLUSION 257 themselves most easily to early realisation, and of giving them a form adapted to the country's immediate needs and possibilities. Above all the Mission is anxious to avoid embarrassing the Government by giving to the suggestions too absolute and rigid a form. APPENDICES APPENDIX I CONDITIONS FOR THE ACQUISITION OF RIGHT TO BENEFITS, AND CALCULATION OF BENEFITS, UNDER THE PENSION INSURANCE SCHEME CATEGORIES OF BENEFITS The following are the different categories of pension insurance benefits: (a) old-age pension; (b) invalidity pension; (c) widow's or widower's pension; (d) orphan's pension; (e) funeral benefit; (f) marriage grant. GENERAL CONDITION FOR THE ACQUISITION OF THE RIGHT TO BENEFITS In order to acquire the right to benefits, the insured person must fulfil the following condition: (a) the yearly average number of days of insurance during the whole insurance career must be at least 100, and (b) the number of days of insurance during the course of the five last years before the realisation of the risk must be at least 500; in a case where the risk is realised during the first two years of application of the legislation, this number is reduced to 250 days for those persons affiliated during the course of the six months following the putting into operation of the legislation. OLD-AGE PENSION Conditions. The old-age pension is granted to an insured person who on the attainment of 60 years of age leaves remunerative employment, or to any insured person who reaches the age of 65 years. The old-age pension is granted only to those who have been insured for at least 20 years ; nevertheless, this condition is considered as fulfilled in the case of all insured persons who become affiliated during the course of the six months following the putting into operation of the legislation. Calculation. The annual amount of the old-age pension is 20 per cent, of the total contributions. This total may be less than the sum of 160 Turkish APPENDICES 259 pounds and three times the average annual contribution, and may not exceed 10 times the average annual contribution. The average annual contribution is fixed by dividing the total of the contributions paid into the account of the insured person by the number of years between the date of affiliation and the date of realisation of the risk. For those affiliated after the 35th birthday the divisor is the number of years between the 35th birthday and the realisation of the risk; this provision does not, however, apply to those who are affiliated during the six months following the putting into operation of the scheme. For insured persons affiliated before the 18th birthday the divisor is the number of years between the 18th birthday and the realisation of the risk, if the latter takes place after the age of 20 years. INVALIDITY PENSION Conditions. The invalidity pension is granted to insured persons who become invalided after fulfilment of the general condition for the acquisition of right to benefits and before the date for the granting of the old-age pension. An insured person is legally considered an invalid who, as the result of an illness or physical or mental defect, is rendered permanently incapable of performing remunerative work, and who actually earns not more than one third of the wage of a worker of the same qualifications in the same occupation and region. The invalidity pension is awarded only after six consecutive months of incapacity for work. Calculation. The amount of the invalidity pension is equal to the amount of the old-age pension. WIDOW'S PENSION Conditions. The widow's pension is granted to the widow of an insured person deceased after the age of 50 years if the following conditions are fulfilled : (a) the widow was married to the insured person for at least three years; (b) the widow has no right to any other pension under the same legislation or under any other social security legislation; (c) the widow has attained the age of 50 years or is a permanent invalid incapable of performing remunerative work; if this condition is not fulfilled at the time of the decease of the insured husband, the pension is granted from the 50th birthday of the widow. In the case of remarriage the right to widow's pension ceases. Calculation. The widow's pension is equal to one half of the invalidity (or old-age) pension to which the insured was or would have been entitled at the date of his decease. WIDOWER'S PENSION Conditions. The widower's pension is granted to the widower of an insured person deceased after the age of 50 years if the following conditions are fulfilled : 260 LABOUR PROBLEMS IN TURKEY (a) the widower was married to the insured person for at least three years; (b) the widower has no right to any other pension under this legislation or any other social insurance legislation; (c) the widower is incapable of performing remunerative work and was entirely supported by his wife during her lifetime. In the case of remarriage the right to the widower's pension ceases. ORPHAN'S PENSION Conditions. In the case of the decease of an insured man, an orphan's pension is granted to all legitimate children of the deceased. In the case of the decease of an insured woman, an orphan's pension is granted to all legitimate or illegitimate children of the deceased. The orphan's pension ceases at the age of 15 years. Calculation. The amount of the orphan's pension is 20 per cent, of the minimum amount, of the invalidity (or old-age) pension to which the deceased had or would have had the right at the date of decease. Nevertheless, the total of the orphans' pensions in any one family may not be more than the amount of the invalidity (or old-age) pension. FUNERAL BENEFIT Conditions. In the case of decease of an insured person, a funeral benefit is granted to the survivors. The husband or wife has priority over the children, the children have priority over the parents, and the parents have priority over other survivors. If there is no wife or husband, child or parent, the grant is made to the survivor superintending the funeral. Calculation. The funeral benefit is fixed at a lump sum of 50 Turkish pounds. MARRIAGE GRANT Conditions. A marriage grant is accorded to an insured woman who marries after having fulfilled the general condition for the acquisition of the right to benefits. Calculation. The marriage grant is equal to the minimum annual amount of the invalidity pension to which the insured person is entitled at the date of marriage. Note: When a marriage grant has been accorded to an insured person, the annual amount of the invalidity (or old-age) pension to which she may be entitled is reduced by one fifth of the amount of the marriage grant. APPENDIX II ACTUARIAL NOTE ON PENSION INSURANCE FINANCIAL SYSTEM The proposed Turkish legislation on pension insurance does not provide for any financial participation on the part of the State. It is therefore evident that the actuarial calculations must be based only upon benefits and contributions. There are, in social insurance, various conceptions of equilibrium between the resources and expenses of the insuring body. The two most important are the assessment system and the average premium system. The assessment system is based on the principle that the contributions paid in during a fiscal year or during a fixed period exactly cover benefits awarded and administrative costs during the same period. It is obvious that variations in expenses from one period to another would seem to necessitate occasional changes in contribution rates. As such a procedure is not suitable, the assessment system is modified and a slight increase is made in contribution rates so as to provide for a margin of safety which will make it possible to meet the increased expenses during certain periods without further alteration in the contributions. This security fund provides against emergencies which may arise with regard to recovery of contributions or in the benefit service; without such a reserve, the future of the system might be compromised if more or less serious economic difficulties arose. The assessment system is to be recommended in insurance against short-term risks such as sickness and maternity insurance. In pension insurance, on the other hand, the assessment system presents difficulties—more particularly in a case such as the one under consideration, where a new insurance scheme is being introduced. In such a case the total annual expenses are constantly on the increase, especially during the first years of application of the scheme. The number of beneficiaries is diminished by death; but the number of new beneficiaries to whom pensions will be awarded during a certain period will exceed the number of those who died during the same period, so that the total number of beneficiaries increases continually. Thus, if the assessment system is adopted for pension insurance it is necessary to increase contributions from one year or one period to another. This is, in general, unsatisfactory for the insured, for industry and for employers. It is most desirable that contributions shall remain stable, so that the employer may know from the beginning what his charges are and what must be included in the calculations. For this reason an effort is made to establish an equilibrium between expenses and resources of the insuring body which will guarantee stability in contributions over a fairly long period, and this aim is achieved in the average premium system. The average premium system is based on the actuarial equilibrium between the whole of the expenses and the whole of the resources of the insurance—in other words, the contributions must be so fixed that their present value is equal to the present value of all benefits and other 264 LABOUR PROBLEMS IN TURKEY (e) average age yx of the wife of an insured person aged x: information acquired in a special census in Greek undertakings, 1930; (f) mortality rate among widows qy: mortality rate among Italian women, 1901-1910; (g) the average number kx of children of an insured person aged x : data given by special census in Greek undertakings, 1930 (children under 16 years); (h) mortality rate of orphans qz- Italian mortality rate for the two sexes, 1901-1910. Seeing that the rate of interest taken as a basis for calculation in the Greek actuarial report was 5 per cent.—the same as that taken as a technical basis in Turkish pension insurance—the commutations established in the above-mentioned Greek report can also be used in our auxiliary calculations. It is necessary, however, to bear in mind that the conditions for the acquisition of rights, as formulated in the recommendations, differ in some cases from those in Greek pension insurance. Moreover the data acquired from the Greek experience do not correspond exactly to the situation in Turkey; differences are not very great and they influence the results both ways, so that, more or less, a balance is struck. We will cite only one example—relative to the commutations for the widow's pension. The general census of the Turkish population of 20 October 1935 1 furnishes the proportion of married men in the large age groups over the whole population. These rates are not very different from the rates for the whole body of insured persons, although this latter is constituted very largely by the urban population. Table II gives a comparison between the Turkish rates and the Greek rates drawn from the general census of the Greek population in 1928, which form the basis of the calculations utilised in the Greek report. TABLE II Age group Turkey Greece Age 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75-79 80-84 85-89 90-94 0.147 0.507 0.746 0.887 0.920 0.932 0.936 0.928 0.925 0.893 0.864 0.806 0.758 0.698 0.656 0.603 0.554 0.010 0.088 0.356 0.623 0.789 0.852 0.876 0.876 0.854 0.818 0.775 0.725 0.660 0.587 0.505 0.444 0.377 17 22 27 32 37 42 47 52 57 62 67 72 77 82 87 92 97 95 and over 1 Population de la Turquie (published by the Turkish Office of Statistics), Vol. LX, p. 128. 265 APPENDICES The Turkish rates are higher than the Greek and thus give too low an estimate. On the other hand, the Greek commutations are calculated for unconditional widows' pensions, which gives too high an estimate. Without going into further details, we will merely point out that the Greek commutations have been used as they exist for the calculation of the actual value of benefits and contributions for the scheme set out in Appendix I. The contributions as well as the benefits are based upon annual wages, which are constituted by two elements: the daily wage rate and density of employment. In the average annual wage produced by these two elements there is a minimum of 200 Turkish pounds, which corresponds to a minimum density of 100 days per year and a minimum daily wage of 2 Turkish pounds. In practice, the highest annual wage is 6,000 Turkish pounds, which corresponds to 300 working days per year and a maximum daily wage of 20 Turkish pounds. In order that full consideration may be given to this essential element, calculations have been established not only for the two sexes and for the different ages (x = 17,22,27,32,37,42,47, 52, 57) but also for the various average yearly wages (w = 200,400,600, 800, 1,000, 1,200, 1,400, 1,600, 1,800, 2,000, 2,500, 3,000, 3,500, 4,000, 4,500, 5,000, 5,500 and 6,000). The amount P of the old-age or invalidity pension is fixed at 20 per cent, of the total contribution paid into the account of the insured person : P = 0.2 x n x b = 0.016 x n x w, where n — number of years of insurance, b = average yearly contribution, w = average yearly wage. This amount may not be less than the minimum P 0 : P 0 = 160 + 3 b = 160 + 0.24 w. It will be seen, therefore, that during the first years of insurance, the amount of the pension P is less than the minimum amount P 0 and does not begin to increase until after k years. This period k depends entirely on the average wage and is determined by the relation 0.016 kw = 160 + 0.24 w, , At , 10,000 w For the average yearly wages chosen , the values are indicated below w h 200 400 600 800 1,000 1,200 1,400 1,600 1,800 v> 65 40 31 2 / 3 27 V, 25 h 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 231/3 22 V, 21 Vi 20 6 / 9 20 19 18 V, 17 V7 «V. 17\' 9 17 16%! 16 2 / 3 The values of the different kinds of benefit are given by the following formulae : (a) old-age pension: r x FT^ ' where P must be replaced by P 0 if 60 — x < k ; 266 LABOUR PROBLEMS IN TURKEY (b) invalidity pension: P o N g n + 0.016 w (Sgy fe+1 - Sgl) T\aa PN^ ' x (c) widow's pension: 0.008 w (50 - x) Ng0(tf) + 0.008 w (Sf1(lt) - Sg1(y)) D aa fdj orphan's pension: Po y Nx + i (z) _ 5 Di ia ' (ej funeral benefit: Mg"+1-Mgg or ' C/J total value of annual contributions: l\joo(12) Ly x Moa(12) JN 60 The formulae for the widow's and invalidity pensions must be modified in an appropriate manner for certain values of x and w, for example for: a; =22, iv=400 or more, etc. It will be seen that the formulae do not include exactly all the proposed provisions. It is assumed, for example, that the old-age pension always begins at 60 years, and thus the charges incurred by old-age pensions are over-estimated. With regard to the widow's pension, the formula does not include the decease of invalids who enter invalidity before the age of 50 years, so that, according to the formula, any widow of an insured person deceased after the age of 50 years will receive a widow's pension, which gives too high an estimate. No special formulae has been composed for the valuation of the charges incurred by the marriage grant; it may be assumed that these are sufficiently covered by the reduction in pensions and by the exits from insurance which will be fairly frequent either immediately after marriage or during the first year of marriage. None of these formulae takes into account the fact that, apart from the insured persons who fulfil the general condition for the acquisition of right to benefits, there will also be insured persons who will not attain the required minimum density of contributions of 100 days per year. These cases represent a profit for the insuring body which cannot reasonably be estimated at the present time ; this profit may be considered as an effective safety margin. It should also be remembered that the calculations have been established on the hypothesis that the average annual wage remains stable during the whole of the insurance career. This is not likely to be the case since, even apart from the perennial variations in the level of wages, there exists in general a correlation between the age of the insured and his wage. Here again, the entire lack of statistical data makes it impossible to proceed to calculations which might give some idea of the influence of this correlation. What is more important is that it is supposed that the general level of wages remains stable, and this, of course, bears no relation to reality. We APPENDICES 267 have already pointed out the importance of this question in social insurance, particularly from the point of view of finance. We would only add that the automatic consequences of an increase in the general level of wages are balanced by the fact that the contributions are proportionate to wages, so that the increase is contemporaneous. On the other hand, the rights acquired do not vary and the rights in course of acquisition do not increase as rapidly as wages, since they are based on the average annual wage over the whole of the insurance career. The result of the above auxiliary calculations are contained in the tables below as follows: actual value of benefits: men—table III; women—table VI; individual premiums in Turkish pounds: men—table IV; women— table VII; individual premiums in wage percentage: men—table V; women— table VIII. Tables V and VIII give the information which enables an opinion to be formed—with all essential reservations—concerning the probable financial development of the insuring body. In the first place, it is estimated that in the case of entry at an age below about 30 years the net premium is less than 8 per cent, of wages. It will be seen that the individual premium in terms of wage percentage decreases as the wage increases; this fact is very important, particularly in view of the present tendency in regard to wages. Finally, the premiums for women are a little lower than for men, so that the influx of women into industry can in no way compromise the financial situation of pension insurance. There is nothing surprising in these conclusions, since they constituted one of the reasons why the Mission suggested that the original plan should be modified. The lack of information concerning the distribution of insured persons by age and by wage makes it impossible to make over-all estimates for the whole of the body of the insured. It is merely to clarify certain points that we have made an estimate based on the following hypotheses: (a) the men's average annual wage is 800 Turkish pounds; women's 600 Turkish pounds ; (b) the distribution of the initial entrants into the insurance scheme by age and by sex is based on experience in Greece, according to the census in undertakings in 1930; (c) the number of future entrants is that assumed in the Greek report; the average entry age of future generations is 22 years. In these hypotheses, which are not very optimistic, so that something more favourable can be expected, the actual value of the contribution is 6 per cent, higher than the value of the benefits so that, if the administrative costs are not more than 6 per cent., it may be assumed that the system will maintain its equilibrium. We cannot conclude this note without once more insisting that all auxiliary calculations are approximate only, and that it will be necessary to replace them, as soon as possible, by calculations based on data obtained from first-hand experience in the Turkish insurance system. Nevertheless, it would seem that the system recommended would not incur expenses in excess of receipts from contributions if these are fixed at 8 per cent, of wages, and it may be assumed that the pension system established according to the principles laid down would function satisfactorily, and that its financial equilibrium could be maintained without the necessity for drastic changes in the machinery. 18 o "en o b * o "en b ü i O "bo "*CT> **•» "to O OO CT> tC* bO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OOTOÜTOOlOOTOCOCTirf>tOOCOCri^b5 o o o o o o o o o o o o o o o o o o O O O O O O O O O O ' O O O O O O O O O W b "tn O b i O Cn O » O» " i f W O OO CT>rf>t o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o V "U '(û "(jj "o: o "vj V " ^ b o oo cr> 01 #*• co to H* cooo>-^b3W#>uiairf>co!-¿»<x>ooasrf>covJ b ' v j ' c n ' t o O^-J Cn"Vo O ( Û C O v û a i C n i ^ c o b O i ^ W C O b J v J W O i ^ ü i ^ ^ IO O O O O O ^ W N b ï b o H ^ ' t o V j b n c o o oo-o cnenar *^ co to H*- H * ^ t u v i t n í ' t í O C O v J O O t O O W C ü ^ O ) ^J o O00vJÜlWls3OC0vJu0Oi^b5WÜiCihAU: *'0*oojoo)toccmi-:io:*,^,JiP,owvJ CTioo^4>oococnoo^J*oaicnrf>coto ^tOOOCTJ^tO^O^JCOO^bOtí^CnCTi CftCTiCnCn^COOOfcOfcOfcSi-*»-*»-*!-*^ CriOOTO^OH^OOfcOOC©CTi>t>tOOGOCTirf> OOWOrf>00)f>Orf>0>OCr>^lOOCOCTiOTCC ií>HA00Ülb5O'OrfM^O«C JaJÜll^0íb3C0 ÖbSOOCnCTiCXiÖ^CObOOyDTOCriCJTH^loö í * v j v j a i w o - o » v j " J o ^ a i ^ o * - C A C o iP'tuObS^OOÜTlJ^vjUi^cOWi^COO ^vJCT>0St0CT>OO'^>-Aí©00t0'-JCni-A h-*> h-* HA II l o a i " r f > b 0 c D ^ ^ b 3 l o û 0 ^ b > C O C n i o C r i C n ^ J H*H*tOCO^^ÜTCTi'OCO<£>CntOOO#,'i-*oocn OOKiÜTOO^OTOlOCfiCníf^COCObOvJtoCft coo^ooï^^iMOooooocoootûoooajco GOfcObOfcOkOí-^l-^l-^l-^l-^M» cocn^cocntituoiwooiwo-ocoovjo COi^OOOCTlhPs'COi-^tr)OOGO'OCTsCnCn*>COfcO vJOtO^CTiCOOtOOlvJOOOCTi<r>tOCnCOCO v J ( U i - ^ K ) t f > 0 l * J í £ l H 4 O 0 0 v l C n * , C 0 l ^ O *o WOCUOCOOlUT^COOCOUTOJOCOOOJCO #* 00 O v l ^ O ^ l l ^ O v J r f M ^ C n O i v J v l l X n Û t D i ^ Ü K t ' C u O J t ^ b i i ^ O O W ' J i ^ Ü i C O W O i O ' O (DCOCOvJCTiCní>^COtObOW^^hA C7iODOtOrf>CTíCOOtOCOOTtOyDCT)tOy5ait^ OJCnm^i^cocoMbitßvjcnwHi'Ooaiaio bOvjíooH^aii-^cTJOOocirf^tooooai vj o CObOOCOCTi^tOOOO'OCr>CJ\Cn.^COtO ^^^^^t^^H>4>HPsH>hP^>í>rf>**rf>>í>hí> o o o o o o o o o o o o o o o o o o b o " c 0 * 0 ht-" ~iD *#" "(£> "hP" " o "CO "cji i > M O 00 CTi CH CO <^ooot-3coCR^acotoi^i-Ätowcok(>crirf>^ CfitOOOvJ^OvJOOvjvjOOt^i-^CnOMC) lObOtOfcítOtOtOtOtOtOtOtOtOtOtOtOtOtO y? o to CD o o ootû<ûtitû!ûtûtû(Ooo "•-* VD "to "bo rf> o c n l i v j c n V to o co *-J en #* to toocoaiKJOcoai^aiocoijicpwoii^oi H^ooO'JOoocúOooiywuiüíasH'OoM h»coüiK)wa>t£)tnijí'C)wa>tocovjOvJCo rff- #^ W W b 5 W W ^ '"* .J"* J"* J"1, V - " o b i co l o bn VÏ> bo *•!> "co "to © o *-J en rf> co i^> O ^ C C h Ä ^ G O b O C n O r f ^ O O l ^ ^ J ^ ^ J C C ü D ü i W H i O O í i J í C n C O W C n u i O i ^ m i O C J i ü i v ] v J v J C T ï C H ' - J O C O O ^ C T i t O ' v a C T t l O l O t O <£> v j 269 APPENDICES TABLE III. w ACTUAL VALUE OF BENEFITS—MEN Pension Old-age Invalidity 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 233.33 373.32 433.32 513.32 653.32 783.98 914.65 1,045.31 1,175.97 1,306.64 1,633.30 1,959.96 2,286.61 2,613.27 2,939.93 3,266.59 3,593.25 3,919.91 64.30 102.89 122.18 141.47 162.17 185.47 206.63 233.19 254.31 280.88 342.99 408.70 466.10 523.50 597.25 656.46 715.68 774.90 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 309.71 495.54 588.45 681.37 774.28 867.19 997.27 1,139.74 1,282.21 1,424.68 1,780.84 2,137.01 2,493.18 2,849.35 3,205.52 3,561.69 3,917.86 4,274.03 76.98 123.16 146.25 169.35 192.44 215.53 238.63 262.73 288.95 311.64 374.80 441.35 502.08 562.81 636.20 698.34 760.47 822.61 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 414.45 663.12 787.45 911.79 1,036.12 1,160.45 1,284.79 1,409.12 1,533.46 1,657.79 1,968.63 2,279.46 2,590.30 2,901.14 3,357.03 3,730.03 4,103.04 4,476.04 89.90 143.85 170.82 197.79 224.76 251.73 278.70 305.67 332.64 359.62 427.04 494.47 561.90 629.33 696.76 764.18 831.61 899.04 Widow's x = 32 92.34 147.64 175.44 203.14 245.96 291.47 334.23 380.47 416.49 468.06 582.64 706.94 809.37 911.80 1,046.55 1,162.84 1,279.12 1,395.40 x = 37 122.65 196.24 233.03 269.83 306.62 343.41 388.74 437.45 476.80 530.73 652.46 783.37 893.49 1,003.61 1,155.29 1,270.02 1,348.76 1,499.50 x = 42 149.24 238.78 283.56 328.33 373.10 417.87 462.64 507.42 552.19 596.96 708.89 820.82 932.75 1,044.68 1,193.29 1,309.29 1,425.30 1,541.30 (cont.) Orphan's Funeral benefit Total benefits 44.21 70.73 84.00 97.26 110.52 123.78 137.04 150.31 163.57 176.83 209.99 243.14 276.30 309.46 342.61 375.77 408.92 442.08 4.07 4.07 4,07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 438.3 698.8 829.0 959.3 1,176.0 1,388.8 1,596.6 1,813.4 2,014.4 2,236.6 2,772.9 3,322.8 3,842.5 4,362.1 4,930.4 5,465.7 6,001.0 6,536.4 45.37 72.59 86.20 99.81 113.42 127.03 140.64 154.25 167.86 181.47 215.49 249.52 283.54 317.56 351.59 385.61 419.64 453.66 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 4.03 558.7 891.6 1,058.0 1,224.4 1,390.8 1,557.2 1,769.3 1,998.2 2,219.9 2,452.6 3,027.6 3,615.3 4,176.3 4,737.4 5,352.6 5,919.7 6,486.8 7,053.8 42.38 67.81 80.52 93.24 105.95 118.67 131.38 144.09 156.81 169.52 201.31 233.09 264.88 296.67 328.45 360.24 392.02 423.81 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 3.88 699.9 1,117.4 1,326.2 1,535.0 1,743.8 1,952.6 2,161.4 2,370.2 2,579.0 2,787.8 3,309.8 3,831.7 4,353.7 4,875.7 5,579.4 6,167.6 6,755.9 7,344.1 " o "en O *0\ " o Cn " o "*Cn O "co "as "hC- ~tO O C© Osrf>bO O en b en o w o ü i o o o a i V l o o co as hí> to o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o vjvjcria)Cnrf>*>wojwN)títo^^^hA uiOKicûO-^w^aito^uitoœoihAcoi-^ iP'^tUCíOiOví^H'Oll-'Ol-'ax-ÜlOO CCOOtOCOOí(J)v3(DUOí|í>WK)Otu'0»f' C n c n ^ ^ W W W W K J t O ^ ^ ^ ^ ^ i ^ Oibî^lWOUTOOtOOtûvJCn^tiOOUi b i o o o o i W ^ t û - J u i c o ^ ^ v j o w a i O o i COVJOIP-OO OOC0<101Ül^C0b2C0Cn0500OH4Wip>00 t o m o w o o ^ o c n o o ï ^ ' o c c îjDoo^j^ocTienenrf>eoeccots3tcb2tOh^.kA OlOCOents300Cnt-*OOCTiCJlrf>b3>-;»OCO'Ohp> O O ^ ^ Ü T O O i í O v J C ü O O l t J O O ^ O v l W Ü l ObS^CTiOOOfc-S^OiHAaiOCnOCnOrf^*' 00t005Oi>tD0:vl^O01if>Hí'Ovait>ls5vJ i ^ a i v J C C c D O ^ M O Î O O ï C O O a î l s D O C n Q O COtXíi-:* b S C O C í O í ' J O C C C l O l s S v l t O O i ^ C n ^ to o *o e n t o o o o e n c o c o e o o o c o G o e o c o e o c o Otf>OJls5aiO*'COK)UOO:cOlf'OiJíbJv3CO b O b O t O t ^ ^ l ^ l ^ i ^ i ^ l ^ vjit-^cooíiOfriaiioi^ooooaicn^coo WWtOM^^OOO<10llOOGOO)it>^vl Oí^aihicnOü(Oi(>bsocca.iMoooow cnH'iji^vjtovjojaiOMW'otû^waio o o o o o o o o o o o o o o o o o o 000000COCO0000Û00O0D000000CO0QCOCO00 II o o o o o c i o o o o i w a i i t > o a > b i w o o i a i C ï C ^ e i r e n e n e n * - ' a i c o o b o it^Oico o t o <TKOCO<lO3a)Cnit>WWW0:b5tOK)i^^ oH'^(jioto^vJtiia)OJO*oi^^oocmri W<JCCC0)J>Om^0î<lvJ<1^00C000XîD OOtOCOiP'OaiWOOObSCnvlOKi^^bj O O O O O O O O O ^ C O t O O i O ^ C O t O O tOtOtOtO!-^!-:*^^!-^ 0)HMN3OÛ00'!|t,l>5OOÛ0C0viaiUl|^#'b5 ^hAtOtOCOCCCÛif'i'OlCOi-^COCnvJtDH^lJ) c^ocxi^jH^.rf^ootoasvjtûOtoeoenvoco^' COO^iP,lOOO^]tnCOOOCOc£)^CO^OCnOi ti>OTijiQoooi-1tii)f,aitûH'ii>a5a)t^coo3 toocovicncotoooooovjOíaicniíí-it'Wto tOCTïOtoeni£>toentDtoen<£)toen<£>toento vOOW050KIÜivlOit"JOWCDOW01M totoi-Ai-A!-i>oocritDObí!ví>aiCooi-icx>^j cocooí'Otnooíi^oooai^tJOcooico OCOCnCO^OOi^tO^OOOOvjíjícnií'W eocoi-^coeiTtoo,-Jhf>ects3>-*OíjDcocTienco ^DO^bS^CnOlCOOCOOïOiWbSOtDvJif^ Oi^(£>WCOOJOOœ<l<lvJ<l'OvJvov|vJOl #>t0OCDOlM5O00vJiJi0lrf>lP'0Jlcí^(£) tOtOtOtOtOtOtOtOtOtOtOtOtObOtOtOtObO ioeococoeocoeceoeoeoeoeocoectoeceoeo C ü W W W W W W W C ü W W W W W C C W C O C O IsStOtOtOtOtOtOtOtOtOtOtOtOtOtObOtOtO v J < l v J v J v J v J v K I < l v J v J v ] \ J v l v j v j v j v J 1 O O O i u O O C D C O O D O W W Ü l v J O ^ C O ^ J o a i O u i o c n o u i o œ a i ^ w o o o o i i t ' W o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o I-i I-A h¿k h ^ l - i #1WKi^OOOOviCnüiCnif>it'COCON>l>5^ ^vjaicn^Cot^OOCnooi^vjtococo^ "JQOtu^isSOJÜlOí^lOWÜ'OObíÜKIIsí *,v3(UWif"^OKlC"CiÜTOÜlOÜlOÜlÜl i^ootocovjaicnt^^cocowwtotoi^p OCOCn^lCDH'*,a3COWC»COÛOIs3vJK)vjvj cootOiOaiCootOi^wtOH'Ocovacnitnw ij>l(r'Cntna50i<i'Ot»ff)i^b50aivjtnwy: M Ü l O D ^ i ^ ' O O C O C n i P ' ^ C O Ü l W O v J l C ' t U h-*boeorf>enaivjcooo^eoencoocoenvjto ^JaJO^rf^'WKl^Ot£ltoaìy?COOïO*'<I#, cn»^^WK)io^oOCnHi<icoco^ocn<i 271 APPENDICES NTHtÛOlOO^Oi^OOW-HOO^rHrN^O 10^CCa)fN(M^OOaiC0l>O^C0rHl0(7> oocN^T-œioc<ia>iOQOoa)ior^o(Nvi COOOC0010rH>^OlCHOWCMWQO<C lOco^ocorNîD^CTjiNûoionco^nrN^ ii5 OîrH|>COOO^O<X'CSCO(NI><NOrHtDOin r i r i r i -H r i r i rH z ^COtOCOrtCOtDOOOCOO^^rTNCOOJinri •>(N^tûO^COlOCOOO^(N(NCOCiD<|llO 0|>OCOtÛOCOtÛ^mr;(^[MO«r;Oil> ^r*IN(NINCOCOCO«<fliOlOtDl>00(JiaiO rt H e a p o a. ¡s OOr*rNmO)CKNOOlOrH(N(NCC^iX)a>(MlO lOiOvi^COCOCOlNlMtNrHOCiœ^QlOO (ÛON'ÎHÛCOON^OriOOlOPirNCOai r(ririrHrilN(N(N(NCOœ<|i^lOlOOO 03 5 PS O <D co & S m te e. ^ICOWrHOCOlOlO'írHOilOríNW^lO 10NtDCTiCOOCO(NOaiCûœOilOWril>CO *#i>eoai"H(N*#ooooi^OiCO»coooiNr^ riririri'HrKNINaiCO^^WiO j <! et D fi CO <NCOX<fiCOa>riOCOr*^OOai01>OiN10 (NriOO(ûriM«I>^COM'HOririOa> C010tDI>MOr;C0'Jl(£)O^00(NOO^I> nnrinrl(N(MCSCOCO^»*** P Z, I—I •J COriHlOcuOsOOHtU^^^^OOOtU-^rH O corMor>ocooofotßO)!Niooor<'ii>ai (NCO^>OI>OCi05riiN(XiOOCClûOiXOa) ririririIMMfMCOaiCOai OriCOrlOOC^Ci<X)i>-r;i>.OOC,>OC^'*#tD rHNCO*ÎWOrMJ>Ori^Oa>(NiOr'Oœ r i H r i r i r i N (M (N CO CO M •«I ir- ö <3 (NQO^^OWUOW^lOriauNtû^niOO (NOOlOOOO^OlOsîCOWlO^OMlOOOOCO rl<MCNCOK#lOtDI>ÛOainCOtOûOOCNiOO riririri(N(N(NN O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N<JHÛOOO(N^tOCOOlOOWOinO>iîO r i r i r T r T r T c s ' i N COCO»* *# VOIOCD 272 LABOUR PROBLEMS IN TURKEY «o « Û O O i ^ 0 5 C O r i ^ d O C O « 5 a i O i C O O O ( N (NtDOOWr(rilOO(ûmrNCiîOOOI>(OiO*# x c N i M O ^ c o N i N ^ r H O o o a i o i a i c r i a » O^COOOOOííDCOlOIN'HrHOOa>(NrN(Na>cu ¡H (S £- OrHrHCDOirHœOivHiO^IXNOOlOCO^aï ^o5<ccntDir3o::(NiNTHOc7iCioocoQOoorN •«! u •< m ta O 0"iCoc»o*#covi:)cTiiO"H'^ot>ior-«.iDinirt W O <J 6- « OH »3 «! < CO rNrHCO^COtDMlMOOOOCOrMXilXOtOO ( N C O ^ N r H O O O O O a J O l O i C i O O i a i O l co T H X < H C O « m ^ C O ( N ( N d r l r l O O O O O CDCNOOOOOQOQOGOGOOOCOOOOOQOCOQOOOOO t« S P S Ci o. ^H ^H ^H •J <i p Q O ir•J «! P Ä S5 liîoovtOicooor'OtotototDiûioiDinmvrt oototOirtuîioiriiomwwwioioioioïoii: iJ « t- 0> C ni c <; o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o APPENDICES TABLE V I . ACTUAL VALUE OF 273 BENEFITS—WOMEN Pension V! Old-age Invalidity 200 400 600 800 1.000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 85.06 146.30 219.44 292.59 365.74 438.89 512.04 585.19 658.33 731.48 914.35 1,097.22 1,280.09 1,462.96 1,645.83 1,828.70 2,111.57 2,194.44 95.26 154.82 203.34 257.31 317.58 378.67 436.34 497.37 547.63 613.75 763.76 922.63 1,060.52 1,198.42 1,375.14 1,517.35 1,659.56 1,801.77 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,580 4,000 4,500 5,000 5,500 6,000 112.08 179.33 255.54 340.72 425.90 511.08 596.27 681.45 766.63 851.81 1,064.76 1,277.71 1,990.66 1,703.62 1,916.57 2,129.52 2,342.47 2,555.42 123.63 197.81 239.42 289.13 344.84 402.56 457.59 515.58 564.57 627.07 770.62 922.19 1,055.29 1,188.38 1,356.19 1,493.14 1,630.09 1,767.04 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 149.22 238.75 295.45 393.93 492.42 590.90 689.39 787.87 886.35 984.83 1,231.05 1,477.25 1,723.46 1,969.67 2,215.88 2,462.09 2,708.30 2,954.48 152.18 243.48 289.13 340.22 398.66 460.32 519.94 583.69 637.63 703.93 860.00 1,024.65 1,170.07 1,315.48 1,497.02 1,646.45 1,795.88 1,945.30 Funeral benefit Total benefits 14.16 22.65 26.90 31.14 35.39 39.64 43.89 48.13 52.38 56.63 67.24 77.86 88.48 99.10 109.72 120.33 130.95 141.57 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 4.37 198.9 328.1 454.1 585.4 723.1 861.6 996.6 1,135.1 1,262.7 1,406.2 1,749.7 2,102.1 2,433.5 2,764.9 3,135.1 3,470.8 3,806.3 4,142.2 18.56 29.70 35.26 40.83 46.40 51.97 57.54 63.10 68.67 74.24 88.16 102.08 116.00 129.92 143.84 157.70 171.68 185.60 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 4.07 258.3 410.9 534.3 674.8 821.2 969.7 1,115.5 1,264.2 1,403.9 1,557.2 1,927.6 2,306.1 2,666.0 3,026.0 3,420.7 3,784.5 4,148.3 4,512.1 23.17 37.07 44.02 50.97 57.92 64.87 71.82 78.77 85.72 92.67 110.05 127.42 144.80 162.18 179.55 196.93 214.30 321.68 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 328.3 523.1 632.4 788.9 952.8 1,119.9 1,284.9 1,454.1 1,613.5 1,785.2 2,204.9 2,633.1 3,042.1 3,451.1 3,896.2 4,309.2 4,722.2 5,135.2 Orphan's x = 17 x == 22 x == 27 274 LABOUR PROBLEMS IN TURKEY TABLE VI. ACTUAL VALUE OF B E N E F I T S — W O M E N Pension w (cOTlt.) Funeral Total benefits 25.15 40.23 47.78 55.32 62.86 70.41 77.95 85.30 93.04 100.58 119.44 138.30 157.16 176.02 194.88 213.74 232.60 251.46 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 3.53 405.8 647.2 767.9 888.6 1,072.2 1,253.0 1,433.7 1,628.4 1,793.8 1,982.0 2,442.5 2,911.7 3,362.7 3,813.7 4,300.4 4,755.4 5,210.4 5,665.3 200.82 321.31 381.55 441.80 502.04 22.43 35.89 42.61 49.34 56.07 3.26 3.26 3.26 3.26 3.26 496.6 792.6 940.6 1,088.6 1,236.6 562.28 62.80 3.26 1,384.6 69.53 76.26 82.99 89.72 106.54 123.36 140.18 157.00 173.82 207.47 224.29 3.26 3.26 3.26 3.26 3.26 3.26 3.26 3.26 3.26 3.26 3.26 3.26 1,565.0 1,770.9 1,949.8 2,146.3 2,635.4 3,131.7 3,615.9 4,100.1 4,610.6 :;, 5,097.7 5,584.9 6,072.0 16.72 26.75 31.76 36.78 41.79 46.81 51.82 56.84 61.85 66.87 79.40 91.94 104.48 117.02 129.56 142.09 154.63 167.17 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 608.5 971.8 1,153.5 1,335.2 1,516.9 1,698.6 1,880.3 2,061.9 2,243.6 2,425.3 2,879.5 3,333.7 3,787.9 4,242.1 4,825.0 5,334.3 5,843.7 6,353.0 Old-age Invalidity 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 200.24 320.38 380.45 440.53 560.67 672.81 784.94 897.08 1,009.21 1,121.34 1,401.68 1,682.02 1,962.35 2,242.69 2,523.02 2,803.36 3,083.70 3,364.03 176.91 283.06 336.13 389.21 445.10 506.28 567.28 642.30 688.04 756.54 917.88 1,087.85 1,239.67 1,391.50 1,578.96 1,734.74 1,890.53 2,046.31 200 400 600 800 1,000 270.10 432.15 513.18 594.21 675.24 1,200 756.27 1,400 1,800 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000 869.71 993.95 1,118.20 1,242.44 1,553.05 1,863.66 2,174.27 2,484.88 2,795.49 3,106.10 3,416.71 3,727.32 622.53 697.39 745.34 810.87 972.59 1,141.40 1,298.16 1,454.92 1,638.05 1,797.74 1,957.44 2,117.13 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,500 ' 3,000 3,500 4,000 4,500 5,000 5,500 6,000 367.50 588.01 698.26 808.51 918.76 1,029.01 1,139.26 1,249.51 1,359.76 1.470.02 1,745.64 2,021.27 2,296.90 2,572.53 2,976.78 3,307.54 3,638.29 3,969.04 221.39 354.23 420.64 487.06 553.48 619.90 686.32 752.73 819.15 885.57 1,051.61 1,217.66 1,383.70 1,549.74 1,715.79 1,881.83 2,047.88 2,213.92 benefit Orphan's x == 32 x == 37 1,600 190.64 X ~= 42 . COGS^*T«OCOa>OOCOr>^^00<NiOÖ^CS<£> co^c^oooîû^iMoai[>rM>i>i>tû|Xno 1 o O^<#C^^O0COOO(Nr^<t'^-<r^vS*ír-(Q0'4 'H CT) lOO^HOCMMNin^OtDiNOOWrHMr'lO o •*H^HCq<MCNCMCOCOCO-*lOlOOC^l>.OOai <3* ••# «^ k^l v^l »J* «^ <*JÍ v# v# »^ «# nJH >>JH « ^ •*# * # •*# C<1C<)(^(^CS(^CN^C<1CS<^1CSCSC<(C^CSC^C<1 CO00COO00OÛO000O0O00GOGOGO000OOO00QO H « H ^ ^ r H r i r ( ^ r i n r ( r i r H r H T H r i r i r H l > O " H ( N ^ l O ( u l > a i O 0 0 t u ^ l N O 0 0 í í i v í TT* o ^Hr>.cocTïiOT^r^coaïCTï0^ooooooûOûooo o t N u : a ) c o i > O s t i > o i O ' í c o ( N H O ' ^ ,_< TH ^ H O O O O O O O O O O O O O O O O O IO r N ^ O O C O C T K U C M C O ^ O t D l N C O ^ O O IO O C 0 t D 0 0 r H C 0 t D Q H C 0 l O r H 0 0 « # r H 0 0 ^ rHrHiM(Ni^(NCOCOCO<ímtUí£)|>OOQOai t Û ( N O O O t Û v i ( N O C O ( Û O l O O l O O ^ a ï < f • M O ^ r ^ H i O O i O i O O l O O í ' Í C O C O t N ^ t l i ^OC^COûOOtDtûlOlOCOTHlOOOiNlOUll^ coiMWOixf'HCoin'McnrN^sHijuucOTi X K 7 5 í ) O O O H H ( N i N M ^ O í O ( N C O ^ O ( u s í C O W f N - H O a i C O I M J i N l O ^ O i M l O f f i O i l O O O r i v t r s O l N l O C O m c O O I M O I N ^ t û OCCCJ>tD(NOOlOTHI>COiJílOTH«5(MCOCOCri ^ » o o m o 5 ^ t u i o o i o o ^ i > o c o ( 0 0 « t u rlOOr^O^OHOCOrNCOOlOINOOlCrHO TH 00 co C N ï O O - ^ Q O C N ' X i O i O i O l O O O ' X î ^ r ^ r ^ C<tiMC0C0C0<í^lOiO-rirNC0CT3lO^t>C0 o tDC^<MlOOO'r*--*[^OOOlOeOOCO<£>CO'^ • H r H C N C N t N C O m C O ' í ^ i O ^ I M X A a J O r i H r H rH ( N s # ( N ( M r H O O i X a ) l > ^ ^ M O X t £ ! ^ M O O O t û r H O i X K Û î i ^ W O X i û v i I N O a x i ) iooocn^(N«torNOOOv#r^^ioa)Oîcûo rHrHriTHrHrH(N(NCSCOCOCO^^iO ^ r f O O W r s O N ^ í U 0 5 ^ a ) ^ O i O O c D ^ rHrHTHHi^íNiNCSiNCOCO^iOlOiu^IN O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O t N ^ O O O C^C^-tf O O O O ^ l O O ^ i O O i í ^ O ^ l O o T-T ^ H " -TH" T H " TH" C - Í <M" CO" CO" «JT <jT I O U Ï t o O O O O O O O O O O O O O O O O O O O O O O O O M » í « OO O (N »# « 00 O^iO o •n^i'HrHTiíNiMfC O O O O O O O O O O O O 10 q w o w o có"-^ *# IO IO O T-H o o c n o o r ^ r ^ t r i v c m c o ( M o o o r ^ i o v # c N co O (MOitOCCiOOCOOI>>#r(C»>D(N05tOCO 00 o f S O i 0 l > O a ) r s O a i r H 0 5 û 0 < û ' # W O 0 0 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o CM K# ç© Q0 0 _ ( N K Í ( D ^ X ^ O ^ W O U0_ O^ VO^ O IO O 276 LABOUR PROBLEMS IN TURKEY T4rNio<fiNOOitMoco^iotuüM>coooo COOOiCOI>!D^n(NrHCOlO(Na>(ÛOîOI> ií5 <f< [ > 00 O H (N ^ U î r » 00 TH IO 00 (N IO Oi (N « : ^ ^ H «-T*-i *H TH'TH'C^ cq es co"co co"** «jí* [^OriOÎ*#lOrMMOiOfOI>OOÎ(DOCO!£> 01>>lOCOT-(CJai>.litifOCMGSCSCOCOCO<í<v3l^ IÍ5 r H l M C C i i r O v # ^ ^ i O l O ( £ ) l > Q O O r ^ ( N CO < ^ 0 anoioco(NcoaiCorMOE^Oí^(N»í<t£irNO) s o rrHrHrHlMfNINCOCOCO^^lOtDíurvOOX o K Ö O rM>çqom»coQococoto^'NO<Nco^io COCOWOOtOCO^-iOOcOCOrNrHlOOìiO'^fOIN !OOî^(N^OOOOirHCOCN(NtûO«JDTHOrH 'riTHTH'HrHrilNINtNCOCC'J^lOiOtD OH p E" be CO C"#cowtuOTHCocoiM>wx^THOirMi) HtÛÛOriWO-dQOCOaiOfNlNCOiOiûrNOO r<rHTHrHrlr<(N(NCOCOeC«í^lO 3 « Cu •J < CO D Q W^IN^COOIMnOCONCOOIN^MNr« oo5*coi>^iccoco¿ditidioo5t¿oiocí CO-^lOtDOOCTiOtNCOlLCOOCSiOCOiNiiOaïCS THrHHrHrHlNtNiNCOCOCO'^ a g <! (M cs<7i(rjr-.c<itr)r^tooi<z>ï£5ooï>.to<z>-rHcro^ COO^lOC^O-lOiNCOtDlOlO^COlO^ttCOCN iNCC*#WtO(>a)OrHNlOCOrH^rsOfO«£) •*rH'rH-r^-^'rHCS(N«SCOCOCO Z iN*#oorN(OcocotûoouîrNtM>0(NiorN r>rMOlO^^>*^COCOOOCOE>rHOO(N(UO H f N K K Í i O c o t s C O a i O ' N i o r N O í N i O r N O 1-1 < E-i t- CU C «S c tÛOOCOr<OitÛlMO'rHNOCOCOCOCO^<t,rN ( N O Q 0 M O * Í C C W O 0 i t H M K Í » n 0 0 O ' H ( N T^fNlNCO'ÎUÎCÛtNXÛOrHCOlOrxOiM^tÛ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o APPENDICES «uiNtuwrNOin^ncDi^aiOO^rNCOH rikßturMOCOiNOOiO(NrN'0(ffqrHa5Cor>[^ ccoo^D)^oooiffiO^Mooi»coi>r>r»i> N TH r i r< rH r i r i io CCCf5aHNrllß^rlOrliO^lI>rlt£)C0OrN o^o^orMo^co(N0050Dooi>rM>tû Oai'ÍCN'ítuOlrl'ÍOlO^OrN^Mrlcri ta O <t • ^ C O l N N N M r i r i n r i r i n r l r i r i r i r i r i H « W Ck •»#«íion^)r^o*JOr^nrs<fii^coco(N(N OiMX^^COmiNINririOOOOOOO ^ ( N r l r l r l r l r i r l r l r i r l r l r l r l ^ r i r l r i Oí <! ce S a S H P3 0. CD co COtûrH^^I>vJiCOr:OOOrs^iût£>liîlOlO oo«rtoa>OiOiaiaicococooocococooo cq ri n ri r» <: » o ^a^r^^riOiCÄr^cOin^-^coe^^cNMcr-i n ri «OiN<},OCMöm'#niO(NMrir'rir;r<0 riOH>t^tOtO«ûtû(ûi0^tûOt£l!û5ÛtD«û >J <! tOa>OitDiO-*COCOCq(Mrlrir<OrtOOO t- SD C et c COCqoOt£>í£><0KOlO^Otf5<í«<t<<í«<t<^^<t*^ <û i n - ^ ^ »jî -& <& <^î ** i^î «ji <jî ^ «*#* ** -#* -# *** o o o o o o o O O O O O O O M <t* <Û oo OR(N ^ r i r i ^H o o o o o o o o o o o O O O O O O O O O O O cûcûoinoioomoioo r T n C^ (M CO CO -& *& IO*" IO to" 277 APPENDIX III EXTRACTS FROM THE TURKISH INDUSTRIAL HEALTH AND SAFETY REGULATIONS, DATED 17 FEBRUARY 1941 (DECREE No. 2/15,156) REGULATION 34 The following diseases arising from the nature and peculiarities of the work carried out shall be deemed to be occupational diseases: (a) Poisoning by lead, its alloys or compounds and the sequelae of such poisoning, such as cramps, paralysis, inflammation of the kidneys, heart ailments, discolouration of the skin, cerebral inflammations, anaemia and the like. (These may occur among workers employed in lead mining and occupations related thereto, lead smelting and refining; the production of acetate of lead, red lead, litharge, white lead and other lead compounds ; the manufacture of lead paints and the grinding of such paints ; lead soldering; lead tinning; painting with lead paints; polishing with lead powder; the manufacture and use of lead accumulators and lead varnish; the manufacture of china and pottery and enamelled vessels the glaze of which contains lead, and such occupations as the casting of small shot, type casting and the like.) (b) Poisoning by mercury, its amalgams and compounds and the sequelae of such poisoning, such as stomatitis, rash, anaemia, inflammation of the kidneys and similar ailments. (These may occur among workers employed in such processes as the distillation of mercury and the manufacture of mercury compounds ; the use of mercury pumps in the manufacture of such technical appliances as incandescent lamps and radiography bulbs and such measuring instruments as mercury thermometers, barometers and manometers; and the manufacture of bulbs with mercury vapour; the treatment of animal skins with nitrate acid of mercury in the manufacture of felt hats and in felting; use of mercury salts in fur and leather work and the stuffing of animals; the use of mercury in gilding, silvering and mirror-making; the manufacture of fulminate of mercury primers; the manufacture and repair of accumulators ; the use of mercury salts in the bronzing and ornamenting of iron and steel and similar work.) (c) Anthrax, both malignant pustule and internal (anthrax of the lungs and digestive organs), contracted from animals infected with anthrax, as well as from the handling of animal carcases or part of such carcases. (These may occur among workers employed in slaughterhouses, the butchery trade and the rag trade, in various processes in the dressing of furs and the making of saddles, harness, combs and brushes, and in similar work involving the handling of such animal products as wool, hides and skins, hair, bones and horns.) (ç) Silicosis (with or without tuberculosis of the lungs) resulting from the inhalation of silica dusts; asthma, inflammation of the pharynx and chalicosis resulting from the inhalation of various dusts; APPENDICES 279 and other diseases of the respiratory system belonging to the pneumoconiosis group, such as anthracosis, tabacosis, asbestosis and baker's tuberculosis. (Silicosis may occur among workers employed in coal and other mines, in the cutting of silica rock and in glass factories; chalicosis among stone-cutters; anthracosis among coal miners or among workers inhaling chimney smoke or graphite dusts in smelting places ; asbestosis among asbestos workers; tabacosis among tobacco workers; baker's tuberculosis among those employed in bakeries and flour mills.) (d) Phosphorus poisoning by white phosphorus or its compounds, and its sequelae. (May occur among workers employed in the manufacture of cartridges and toys, dynamite fuses and similar objects.) (e) Arsenic poisoning by arsenic or its compounds, and its sequelae. (May occur among workers employed in any process involving the production, liberation or utilisation of arsenic or its compounds.) (f) Poisoning by benzene or its homologues, their nitro- and amidoderivatives, and its sequelae. (May occur among workers employed in any process involving the production, liberation or utilisation of benzene or its homologues, or their nitro- and amido-derivatives.) (g) Various troubles and poisoning affecting the stomach and intestines, nervous system, skin, or eyes of those handling and inhaling such halogen derivatives of hydrocarbons of the aliphatic series as petroleum, oil of turpentine and the like. (g) Such pathological manifestations as inflammation of the skin, abscesses and malignant formations destroying the skin and the tissues of the dermis, resulting from exposure to the action of radium or radioactive substances and X-rays. (h) Primary epitheliomatous cancer of the skin. (May occur among workers employed in any process involving the handling or use of tar, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances, and among chimney-sweeps and dustmen.) (i) Various abscesses and ulcerations in the bucai or nasal mucus membrane, hands, or other parts of the body caused by irritant dusts, liquids or gases, and such chronic skin inflammations as eczema. (May occur among workers employed in the chemical industry, gilding work, mud-bath establishments, mines and stone-quarries or engaged in cutting, grinding and breaking stone.) (i) Ankylostomiasis caused by hookworm. (May occur among workers employed in mining of all kinds, stone cutting, the making of bricks and tiles, and tunnel construction.) (j) Cataract and other eye troubles and diseases which occur in glass factories and melting work. (k) Poisoning caused by the inhalation of carbon bisulphide and the sequelae of such poisoning. (May occur among those employed in the production of carbon bisulphide; in institutions where fumigation with a mixture of carbon bisulphide and carbonic gas is applied by means of hot-air stoves to kill the worms in dry fruit and cereals ; in factories where such material as olive fruit pulp is pressed for oil; in artificial silk factories; and in the vulcanisation of indiarubber at a low temperature and making of indiarubber solution. 280 LABOUR PROBLEMS IN TURKEY REGULATION 36 The principal protective measures to be taken against the risks and dangers to which workers employed in occupations giving rise to occupational diseases are exposed shall be in conformity with the nature of such occupations. These measures are as follows: (a) In the case of processes involving the handling of lead, its alloys or compounds, care shall be taken to prevent the raising of dust, by avoiding draughts during the ventilation of workplaces; floors and walls shall be wiped clean with wet cloths or washed. In lead smelting, the furnace ashes shall not be removed before they have been wetted. In places where lead compounds are manufactured, workers shall wear rubber gloves; the compounds shall be kept in covered containers, and while they are being packed measures shall be taken to avoid the raising of dust. In the event of work likely to cause the sudden rise of dust, masks shall be used. In undertakings engaged in the production of lead and its compounds, baths and showers shall be installed for workers, and arrangements shall be made for workers to take a bath once a month in water containing sulphur medicaments. Workers employed in painting with products containing lead and in varnish work, type casting, type setting, enamelling and similar occupations, should' be supplied with closely fitting working clothes protecting the arms and legs, and care should be taken to see that such workers always wash their hands and mouth after work. (b) In the case of processes involving the handling of mercury, the ventilation system in the workplace shall be adequate and in conformity with technical requirements; water spraying instruments shall be used when the temperature is high in summer; cast-iron stoves shall not be used in winter, as these diffuse heat rapidly and excessively. In places where such processes as the distillation of mercury or the manufacture of mercury compounds are carried out, workers shall be provided with tunics or clothes well dusted with sulphur or dipped in a solution of sulphur of potassium and with masks or goggles, whenever these are considered necessary. At nights the floors of such places shall be spread with sawdust wetted with ammonia or a solution of hypochloride of lime, or sprayed with 100-200 grams of ammonia in liquid form. Workers shall not be allowed to enter distilleries before such places are cooled. Workers employed in processes involving the distillation of mercury or the manufacture of mercury compounds shall be given every day a small amount of potassium iodide, or two grams of sublimated sulphur, or a cup of slightly acidified lemonade (sulphuric acid); arrangements shall be made for such workers to take baths in water containing sulphur medicaments and brush their teeth every day. (c) In processes where exposure to anthrax infection is probable, raw materials derived from animals and rags shall be disinfected by scientific methods, and a continuous campaign against dust shall be maintained; sweepings shall be burnt after having been wetted with antiseptic substances. Such raw materials shall not be kept in a disorderly manner; they shall be kept in stores and the breaking of bales and preliminary sorting APPENDICES 281 and selecting shall be made in such stores, and great care shall be taken to have these stores washed and whitewashed frequently. Care shall be taken to see that workers keep their hands, mouths, noses, and bodies clean; workers must be supplied with uniforms, headgear or rubber gloves whenever these are considered necessary; persons suffering from abscesses or bronchitis may not be employed. A sublimate solution (one per thousand) shall be maintained in such workplaces and any slight abrasion of the skin shall be washed with this solution; anthrax serum also shall be maintained in sufficient amount to be used forthwith in doubtful cases. (ç) In processes where exposure to the risk of silicosis or infections in the pneumoconiosis group is probable, in order to prevent as much as possible the diffusion of dust, measures shall be taken in conformity with the nature of the work carried out, and the employer shall see to it that the ventilation system is adequate. (d) In the case of processes involving the handling of phosphorus, necessary measures shall be taken to absorb fumes, odour and gas; white phosphorus shall be kept in strong cement containers filled with plenty of water. Workers employed in such processes shall be subjected to frequent dental examination and urinary analysis and those with decayed teeth and urine with albumen content shall be treated forthwith. (e) In the case of processes involving the handling of arsenic, care shall be taken to see that workers are well nourished and protected against alcoholism and that they keep themselves clean; the employer shall see that workers wash their mouth and brush their teeth frequently in a place situated some distance from the regular place of work. Before beginning a process involving the handling of arsenic, hands should be rubbed with talc powder; if caustic substances with arsenic contents are used, gloves should be worn. Workers with chapped hands or with abscesses on their hands shall not be allowed to work. In such workplaces importance shall be attached to the ventilation system, and a sufficient amount of hydrate of magnesia, or ferric hydroxide, or fresh eggs (the white of eggs to be given with water) shall be maintained to be used forthwith in cases of poisoning. (f) In processes involving the handling of benzene or its homologues or their derivatives, workplaces shall be well ventilated and stores shall be equipped with large ventilating fans for the absorption and removal of the benzene vapour over the top of the roof. Workers employed in processes involving the use of poisonous paints made of such derivatives of benzene as nitrobenzene and aniline shall frequently apply glycerine to their hands and use rubber gloves. Workers with chapped hands or with abscesses on their hands shall have treatment; and those suffering from liver or kidney trouble, malaria or any nervous disease, and also alcoholics, shall not be employed in processes involving the use or handling of benzene. (g) Workers employed in processes involving the use or handling of halogen derivatives of hydrocarbons of the aliphatic series shall be supplied with goggles or rubber gloves, or closely fitting uniforms protecting the arms and legs, according to the nature of the work they perform. Workplaces in which such processes are carried out shall be well ventilated and measures shall be taken to avoid dust; importance should be attached to washing places for workers. 282 LABOUR PROBLEMS IN TURKEY (g) In processes involving exposure to the action of radium and X-rays, the provisions of the Regulations dated 27 April 1939 concerning radiology, radiotherapy, and electrotherapy institutions shall apply. (h) Workers employed in processes causing primary epitheliomatous cancer of the skin shall be provided, in cases of excessive dust, with overalls fitting closely at the neck, wrists and ankles and with goggles and headgear. The process oí breaking pitch shall be carried out in the open air in the shade of a temporarily erected and portable roof; measures shall be taken to prevent the spreading of dust while pitch is being ground in factories. Employers shall see to it that workers employed in such workplaces keep themselves clean and take daily showers ; a slight burn or abrasion should be treated forthwith. (i) In order to prevent chronic skin troubles caused by irritant dusts, liquids, or gases, the following devices shall be used according to the nature of the irritant and the place in which work is carried out, in order to avoid the diffusion of such irritant matters in the workplace and to protect workers against their harmful effects: dust- or gasabsorbing openings, or ventilators, or an adequate ventilation system, or well enclosed and solid chambers in which to carry out the processes causing excessive dust; and such equipment as rubber gloves, workers' uniforms with attached caps, or masks. Employers shall see to it that those employed in such processes wash frequently, apply glycerine to chaps on the skin and receive immediate treatment in the event of abrasions or abscesses. (i) Necessary measures shall be taken to prevent ankylostomiasis among workers employed in mines of all types and in stone cutting, brick and tile making and tunnel building, by keeping the floors of such places as dry as possible ; the floors in such workplaces should be spread with salt in powder form, and other measures should be taken to keep the air in the galleries sufficiently cool. Employers shall see to it that workers employed in such processes keep themselves clean and wash their hands thoroughly before and after meals; in addition, a sufficient number of containers full of salt water (5 per cent.) shall be maintained in workplaces, and workers shall wash their hands occasionally both during and after working hours. In addition, from time to time faeces of some of the workers shall be examined for ankylostoma eggs; if such eggs are discovered the other workers also shall be subjected to the same examination and those suffering from this disease shall be isolated. (j) Measures shall be taken to rid workplaces of dust, gas, vapour and fumes which are injurious to the eyes, in order to avoid cataract and other eye troubles, and the mouths of furnaces and kilns shall be well ventilated and equipped with wholly or partly automatic lids which can be opened and shut easily. Workers shall be equipped with appropriate goggles or masks for use while working against the strong light of molten glass or metals. (k) In order to protect workers against the injurious effects of carbon bisulphide, workplaces where processes involving its use are carried out shall be throroughly ventilated and, as the vapours are heavier than air, machines shall be installed at some height from the floor so that the escaping vapours may not come into contact with the legs of workers.