THY Layoff Of Pregnant Staff Disputed

A Turkish Airlines (THY) contract signed with 800 air hostesses allowing the company to unilaterally terminate their employment if and when they are pregnant is being reviewed and likely to be abolished, but has been cited as only one of many developments discriminating against women in the Turkish aviation sector.

A senior spokesperson for the country's Civil Aviation Union (Have Is) has said women in the field, most particularly those who work as cabin crew, have encountered severe discrimination in the past including being encouraged or forced to have abortions to retain their jobs.

"This contract" said Hava Is Deputy Chair Eylem Ates, a former cabin crew herself, "is discrimination against women and a violation of human rights". In her view, it also abolished the right of women for paternity leave.

News of the controversial contract surfaced recently through a written motion to Parliament submitted by main opposition Republic Peoples' Party (CHP) deputy Ozlem Cercioglu demanding an explanation on it.

A subsequent statement by State Minister Nimet Cubukcu, in charge of women affairs and subject to Cercioglu's motion, agreed that the THY contract was not only a violation of the country's constitution but also of principles against sexual discrimination laid down by the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and other international conventions.

Cubukcu promised to start initiatives with the THY General Directorate on the issue last week, sparking off press speculation that the contract would be abolished on grounds of being against the legislation.

Ali Genc from the THY Press Office told bianet on the issue that the reason the relevant article is included in the agreement "is to prevent situations that could hinder flights. But the part related to pregnancy is not being enforced".

He confirmed that the company had received communication from Minister Cubukcu on the issue and was reviewing its stance on the situation, but maintained that the pregnancy rule was not being used for part-time staff.

More discrimination

Ates, who said the relevant article in the contract related to pregnancy of hostesses was an attack on the labor of women, argued that this was not the first time women in the aviation sector had to defend themselves against sexual discrimination.

She said the same practice was put on the agenda in the past too and recalled the union had worked to block it. Although no union member has yet complained over an enforcement of the contract, she said, the union will do whatever is required if and when anyone is aggrieved.

"This is an approach that distances women from the labor force market" Ates said. She added that Minister Cubukcu who made an initiative on behalf of the hostesses "should be active in all women issues is she is sincere".

According to Ates, what THY wants to do is to prevent employers from using their paternity leave where they are already working under demanding conditions and long hours.

"All cabin crew and captains are working up to 14 hours shifts, under flight schedules that frequently change" Ates explained. "The workers disclosed that they would use the right for a one day leave, let alone to have a social life and get away from the weight of work, but because they believed that working without rest was putting the flights at risk. It was after this that this recent development took place".

Ates maintains there are several serious problems that aviation staff and crew at the THY face. She lists these as the frequent changes in flight schedules, unexpected and unscheduled flights abroad for staff expecting domestic flights and a violation of the health rights of the cabin crew who should have periodical monthly health checkups according to regulations but are not offered this service.

"Enforced abortion to those pregnant"

Ates also said that according to information received by the union, women cabin crew up to three years ago were being forced to have abortions in order to retain their jobs but added this practice had come to an end after the reaction that was received.

THY's Genc denied this allegation saying it was not possible for the company to put pressure on pregnant staff to have abortions, noting, "the THY is a 73 year-old institution, it is not a family company".

The union representative says that as in all sectors women are being discriminated against in aviation too but that this discrimination harbors more serious consequences when combined with prejudice over the profession.

Harassment, she says, is one of the most important problem women in the aviation sector face. But the problem stems also from the perception that some private airline companies are encouraging publicly - by showing female crew as sexual meta.

She refers to one instance where an airline company displayed "nice women bodies" in their advertisements accompanied by a slogan "you will fly beautiful with us" and a subsequent incident at the same company where a female crew member was harassed.

"A cabin crew is no different than a secretary, a doctor, an engineer" argues Ates. "These are people who go home in the evening, people who have families. Companies must see this situation".

What next?

At current, says Genc from THY's press office, the company is debating the situation in light of Minister Cubukcu's letter but "no decision has been reached".

Genc refutes Ates' allegation that the contract subject to debate came on the agenda previously and was withdrawn, arguing that in reality it has been a contract in force since 1994. According to him, the relevant article actually does not address part-time staff and this was put into writing by a past director of the company.

Yet, Genc identifies the relevant article as a requirement "to prevent hindering of flights" and refers to it in the light of service, that pregnancy is almost the same as sickness. (EZO/TK/II/YE)