Individual Case (CAS) - Discussion: 1995, Publication: 82nd ILC session (1995)

A Government representative first indicated, concerning the exclusion of home work from the scope of the Labour Act No. 1475 and consequently from the minimum wage-fixing machinery, that the Labour Act excluded from its scope "work performed at home by the members of a family or close relatives, involving handicrafts and without participation of anybody else from outside". He considered, therefore, that all other types of industrial work, as defined in Convention No. 26, were within the scope of the law and that the Convention was fully respected. He added that any international labour standards to be adopted in the future on home work would also be taken into consideration by the Government.

As to the question of fines, he emphasized that an employer who had not paid the statutory minimum wage would not be relieved from the full payment of this wage by having paid the fine, and that the worker would be entitled to recover not only the difference due but also any interest on delay. Referring also to the high inflation rate of about 80 per cent annually, which was causing a problem for any such fines, he stated that a draft amendment to raise the amount of fines concerning the implementation of the Labour Act, according to the present value of the Turkish lira, had already been submitted by the relevant commissions to the General Assembly of Parliament. He added that the minimum wage in Turkey was fixed by means of tripartite participation and assured that a detailed report would be submitted before 1 September 1995 as requested by the Committee of Experts.

The Workers' members pointed out that the first question raised by the Committee of Experts was about the texts which regulate conditions of homeworkers and, in particular, the measures taken to fix the minimum wages for them, and that further information was necessary on this matter. They recalled that Convention No. 26 was of general scope including homeworking trades. The second point was about the measures to ensure the effective enforcement of the minimum wage. If the real value of the amount of fine decreased with inflation, the system of fines would not maintain its deterrent effect against violation of the minimum wage. Especially in the situation of inflation, the minimum wage needed to be reviewed, while the Turkish law provided for such reviews every two years. As raised by the Committee of Experts in the third point, effective consultation became necessary in this regard. Therefore, full information should be requested as to how the employers' and workers' organizations were associated in the operation of the minimum wage-fixing machinery.

The Employers' members considered that under Article 2 of the Convention, member States were free to decide which trades or parts of trades were to be covered by the Convention. As to the second question, they thought that Article 4 of the Convention required the member State to ensure that the wages were not paid at a lower rate than the minimum wage but did not mention the nature of the sanctions. Referring to paragraph 116 of the general part of the report concerning the level of sanctions and fines, they were of the view that only under Conventions which explicitly referred to such sanctions and fines could such demand be made: this was a matter for domestic law. Regarding the third question, they recalled that the actual level of the minimum wage was not laid down in the Convention and the question was how the social partners were participating in the procedure of minimum wage fixing.

Noting that the Committee of Experts had asked the Government to answer these three questions, they thought that the Committee should refrain from making assessment at this stage and should request the Government to provide answers.

The Workers' member of Turkey emphasized the importance of the protection of homeworkers, who were generally treated as self-employed workers in Turkey, because of the increase of informal and precarious employment. The authorities were aware of difficulties in the implementation of the minimum wage and data were necessary on the prosecutions on its violation. Given the importance of clandestine employment, 4 million in number, and 45 per cent of employees, effective measures were especially needed. He referred to the decrease of the minimum wage in terms of US dollars because of the inflation rate of 140 per cent, and urged the Government to ratify the Minimum Wage-Fixing Convention, 1970 (No. 131).

The Government representative explained the form of minimum wage-fixing machinery under section 33 of Act No. 1475: a tripartite body comprising five persons with expertise, five workers' representatives and five employers' representatives fixed the minimum wage, taking into consideration such factors as social and economic conditions, living indices, tendency in wages and economic branches concerned. The quorum was at least ten members and the decision was taken by majority vote.

The Committee took note of the statement of the Government representative, according to which, in his view, the exclusion of homeworkers from the Labour Act was consistent with Convention No. 26, that there was statutory protection as regards minimum wages, that proposals for enhancing the fine for non-payment of minimum wages taking account of inflation were already under tripartite consultation and that a full report would be furnished by 1 September 1995. Considering that the spread of homeworkers in Turkey was rather wide, the Committee urged the Government that, in the report promised by them within the deadline, they should give full information, supplemented by the relevant texts of the law, on all issues raised by the Committee of Experts, establishing that homeworkers were in fact covered by the Labour Act and that the tripartite consultations, reportedly initiated, were effective and meaningful.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 3 of the Convention. Determination of minimum wage levels. The Committee notes that, following consultations with the Minimum Wage Determination Committee, the Government increased the national minimum wage which is set as of July 2013 at 804 Turkish liras (TRY) (approximately €342) per month. The Committee notes, in this regard, the comments made by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS). According to TISK, it would be inappropriate to bring home working trades within the scope of the minimum wage legislation. Home working trades usually take the form of piecework, and it is impossible to determine the minimum wage for piecework in the country. Besides, it is not clear whether those working at home are self-employed or employed as workers. TISK also considers that the inflation rate should cease to be the only factor in the determination of the minimum wage, and other conditions such as an economic slowdown, decline in productivity or rise of unemployment should also be considered. In fixing the minimum wage, attention must be paid to general economic factors, such as increased investment, employment, exports and productivity, combating inflation, shrinking the irregular sector and promoting economic competitiveness. In addition, in order to prevent growing youth unemployment, a lower minimum wage should be established for young workers up to 20 years of age, and not 16. TISK refers to Eurostat statistics which show that the minimum wage in Turkey is much higher than in nine EU Member States among those that have a system of national minimum wage. It also refers to a 2011 Organisation for Economic Co-operation and Development (OECD) publication which lists Turkey as having the highest minimum wage to median wage rate. Finally, TISK indicates that in the period 2007–11 the minimum wage increased at a cumulative rate of 53.8 per cent while the consumer price index went up at a rate of 47.5 per cent.

For its part, TÜRK-IS maintains that the level of the minimum wage is far from adequate to provide a decent standard of living. According to the Turkish Statistical Institute (TUIK), in January 2011, the subsistence minimum for a single worker was TRY900 (approximately €385) per month, and the net minimum wage announced by the Minimum Wage Board was TRY629.95 (approximately €252), which meant an income loss of 270.13 lira (approximately €108) for workers remunerated at the minimum wage rate. During the period 2007–11, the minimum wage increased in real terms by 3.2 per cent whereas during the same period the gross domestic product grew by 9.1 per cent. Today, the minimum daily wage is TRY23.37 (approximately €9.5) which is clearly insufficient to meet the worker’s basic needs. It is estimated that a worker needs to spend three quarters of the minimum monthly wage to cover an average rent. Under the pretext of the economic crisis, more sacrifices are imposed on minimum wage earners. Whereas the difference between the minimum wage and the lowest salary of a civil servant was TRY208 (approximately €83) in December 2003, it has reached TRY701 (approximately €280) today. Finally, TÜRK-IS indicates that social security contributions, income tax and unemployment insurance are deducted from a minimum wage which is already fixed at a very low level, and therefore, from the moment it is set, the minimum wage is inadequate, inconsistent and desultory. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IS.

Article 4. Supervision and sanctions. The Committee recalls its previous comment in which it requested the Government to clarify whether the provisions of the Labour Code relating to the enforcement of the national labour legislation in respect of minimum wages apply to workers engaged in home work and domestic services. In its latest report, the Government indicates that although the national minimum wage is of general application and therefore covers also those workers who fall outside the scope of the Labour Law No. 4857, such as the employees in domestic services, no procedures may be envisaged against the employers who do not make any payment to home workers or domestic workers, or pay them wages at less than the minimum wage rate. The Committee therefore requests the Government to provide additional explanations on any measures taken or envisaged in order to ensure that compliance with the minimum wage legislation is properly controlled and enforced in respect of home workers and domestic workers, as required under Article 4 of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 3 of the Convention. Determination and coverage of minimum wage. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS). Following up on earlier observations submitted in 2002 and in 2007, TISK essentially reiterates that due to the structure of the Turkish society and the specificity of agricultural work (for instance, activities scattered throughout the country, varied and seasonal jobs, and seasonal labour migration between regions), agricultural employment should be regulated by separate legislation. TISK also considers that, in order to reduce unemployment and promote youth employment, a differentiated minimum wage level should apply to workers of between 16 and 20 years of age, that the minimum wage in workplaces with and without collective bargaining agreements should be determined differently, and that the tax burden on minimum wage should be reduced.

For its part, TÜRK-IS indicates that 71 per cent of agricultural workers are employed in enterprises employing less than 50 workers, and 98 per cent of agricultural establishments have less than 50 workers, falling therefore outside the scope of the provisions of the Labour Law No. 4857 regarding inspection measures and sanctions. TÜRK-IS also indicates the prevalence of informal employment in agriculture, and reiterates that, in practice, a large number of agricultural workers are remunerated at less than the minimum wage rate. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IS.

Article 4. Supervision, inspection and sanctions. The Committee recalls its previous comment in which it requested the Government to clarify whether the provisions of the Labour Law No. 4857 referring to labour inspection and sanctions are applicable to agricultural workers of small farms employing less than 50 workers. In its latest report, the Government refers to section 113 of the Labour Law which provides that specific provisions on protection of wages (for instance, the obligation to pay in legal tender and at regular intervals or to provide a wage slip) apply to agricultural enterprises employing less than 50 workers which are otherwise excluded from the scope of application of the Labour Law. The Committee notes, however, that section 113 of the Labour Law, which also provides for penal sanctions in case of failure to comply with those specific provisions on wage protection, does not specify whether enforcement measures with respect to payment of wages at the applicable minimum wage rate are also applicable to small farms of less than 50 workers. Nor do sections 92 and 102 of the Labour Law, which provide for the powers of labour inspectors and monetary fines for failure to pay the national minimum wage, appear to apply to those small farms since they are expressly excluded under section 4(b) of the Labour Code from its scope of application. The Committee therefore requests the Government to provide additional explanations as to how it is ensured in law and in practice that minimum wage rates in force are effectively enforced through measures of supervision, inspection and sanctions, as may be necessary and appropriate to the conditions in agriculture in the country, with respect to agricultural undertakings employing less than 50 workers.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes the Government’s explanations concerning the specific provisions on wages protection contained in the Maritime Labour Act No. 854 for those employed on board Turkish-flagged vessels of more than 100 tons. The Committee notes, however, that no information has been provided regarding other categories of workers which are currently excluded from the scope of application of the Labour Code, including domestic workers, apprentices and workers engaged in air transport activities. The Committee notes, in this regard, the communication of the Turkish Confederation of Employers’ Associations (TISK), dated 20 April 2012, in which reference is made to the new Code of Obligations No. 6098, entered into force on 1 July 2012, that covers domestic workers and air transport employees. According to TISK, the provisions of the new Code of Obligations on service agreements, and in particular section 407 on wage protection, offer a level of protection similar to that afforded by the Labour Code. TISK specifies, for instance, that the new Code of Obligations requires electronic payment to a bank account, and the issue of a pay slip at each pay period. The Committee accordingly requests the Government to provide more detailed information on how the Code of Obligations No. 6098 gives effect to the substantive requirements set out in Articles 3 to 15 of the Convention with respect to those workers currently excluded from the coverage of the Labour Code.

Article 8. Deductions from wages. The Committee notes the Government’s reference to sections 35 and 38 of the Labour Code as well as sections 32, 38 and 39 of the Maritime Labour Act which set out specific limits for certain forms of wage deductions, including deductions in the form of disciplinary fines, deductions for loss or damages and attachment of wages pursuant to a court decision. The Committee observes, however, that there still appears to exist no overall limit to authorized deductions so that wages are protected to the extent necessary for the safeguard of the maintenance of the workers and their families. The Committee wishes to refer, in this respect, to paragraphs 216–258 of its 2003 General Survey on the protection of wages, which highlight the various forms of wage deductions covered by this Article of the Convention including, for instance, wage deductions for taxes, insurance contributions and reimbursement of advance payments that are expressly referred to in section 37 of the Labour Code. In this connection, the Committee also notes that in its 2010 conclusions, the European Committee of Social Rights has concluded that the situation in Turkey is not in conformity with article 4(5) of the Revised European Social Charter on the ground that it has not been established that deductions from wages will not deprive workers and their dependants of their very means of subsistence. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is brought into full conformity with the Convention on this point.

Articles 12 and 15. Non-payment or delayed payment of wages – Enforcement measures. The Committee recalls its previous comments in which it stressed the importance of preventing and punishing cases of non-payment or delayed payment of wages, especially in the light of earlier observations made by the Confederation of Turkish Trade Unions (TÜRK-IS), the Turkish Confederation of Public Workers’ Associations (KAMU-SEN) and TISK. In a new communication dated 17 April 2012, TÜRK-IS indicates that the legal remedies available in the event of non-payment of wages involve a lengthy and very expensive process that requires legal expertise – a situation all the more problematic as irregular employment stands at 42.5 per cent and labour inspection is practically non-existent in the informal sector. TÜRK-IS adds that despite this reality, thousands of cases for back wages are being brought before the labour courts and the Court of Cassation. The Committee notes that the Government’s report does not contain updated information on the number of workers and types of enterprises affected by wage arrears and any progress made in settling outstanding payments in both the public and private sectors. The Committee requests the Government to continue to monitor the situation of deferred payment of wages, its root causes and implications, and to provide detailed information on any measures taken in order to ensure that the legislation on wages protection is effectively enforced.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) and Article 3(1) of the Convention. Minimum wage fixing machinery and coverage of the minimum wage. The Committee notes that, under section 39 of the Labour Law, the national minimum wage is established at least once every two years by the Government upon consulting the tripartite Minimum Wage Determination Committee and applies to workers of all sectors working under employment contracts, whether they are covered by the Labour Law or not. In addition, the Committee notes the Government’s indication that, even though pursuant to section 4 of the Labour Law workers engaged in home work and domestic services fall outside its scope of application, they are nonetheless covered by the national minimum pay rate established in accordance with section 39 of the Labour Law. While noting with interest that the protective coverage of the national minimum wage has been extended to apply to homeworkers – a point on which the Committee has been commenting for a number of years – the Committee requests the Government to clarify whether other provisions of the Labour Law related to enforcement of the national legislation in respect of minimum wages, such as, for instance, section 92 on inspection and section 102 on sanctions apply also to home work and domestic work.

Article 3(2)(2) Consultations with social partners and periodic adjustment of the minimum wage. The Committee notes that, under section 39 of the Labour Law, the worker and employer members of the tripartite consultative minimum wage-fixing body are appointed by the workers’ and the employers’ organization having the highest membership. In this regard, the Committee would be grateful if the Government would specify whether and how smaller workers’ and employers’ organizations are associated in the operation of the minimum wage fixing machinery.

In addition, the Committee notes that the State Statistics Institute (TUIK) establishes a subsistence wage based on the minimum nutritional needs of a worker (3,540 calories per day) to serve as a basis for the tripartite discussions on the minimum wage level. Recalling that the Convention seeks to ensure decent wage levels for workers and their families, covering not only needs with respect to food but also other basic needs such as clothing, housing, medical care, schooling and leisure, the Committee requests the Government to indicate the manner in which the workers’ non-nutritional needs are assessed and are taken into consideration in the minimum wage fixing process.

Article 4. Supervision and sanctions. The Committee notes the Government’s reference to section 102 of the Labour Law prescribing an administrative fine of 100 new Turkish lira (approximately US$83), to be annually adjusted under section 17 of Act No. 5326 of 30 March 2005, for failure to pay the full amount of the minimum wage. The Government explains that, based on these provisions, an employer would currently be liable to a fine of 167 new Turkish lira (approximately US$138) for each month of non-payment or underpayment of the minimum wage and for each worker affected. The Committee would appreciate receiving specific information on: (i) the application of such measures in practice showing the number of inspection visits carried out and violations of the minimum wage legislation reported; (ii) any measures taken or envisaged with a view to strengthening the supervision of the minimum pay rates in force, especially in home-working trades and the informal sector. Moreover, noting that the national monthly minimum wage is currently set at 608 new Turkish lira (approximately US$504), the Committee would be grateful if the Government would provide explanations as to whether the monetary sanctions currently in force may be considered truly dissuasive and adequate for preventing violations of the national legislation in respect of minimum wages.

Part V of the report form. The Committee would appreciate if the Government would continue to provide all available information on the practical application of the Convention, including, for instance, the minimum wage rates in force, the approximate number of workers remunerated at the minimum wage rate, statistics on the evolution of economic indicators such as the inflation rate as compared to the evolution of the national minimum wage in recent years, copies of collective agreements fixing minimum wages for specific sectors or branches of economic activity, extracts from official documents or studies relating to wage policy, such as activity reports of the Minimum Wage Determination Committee or the TUIK, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Turkey has already a national minimum wage of general application (and not only minimum wages for those workers employed in exceptionally low-paid trades where no arrangements for collectively negotiated wages exist, as prescribed by Convention No. 26) and its legislation appears to broadly reflect the provisions of that Convention. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Scope of application. The Committee notes that under section 113 of the Code, most of the provisions on wages protection, and the corresponding provisions on penal sanctions, now apply to two categories of workers which otherwise fall outside the coverage of the Labour Code, i.e. agricultural and forestry enterprises employing 50 employees or less, and small businesses of craftsmen employing three persons or less. Recalling that pursuant to Article 2 of the Convention, all persons to whom wages are paid or payable should be protected in respect of the matters dealt with in Articles 3 to 15 of the Convention, the Committee requests the Government to specify how effect is given in law and practice to all the substantive requirements of the Convention with respect to those workers who remain excluded from the scope of application of the Labour Code, such as for instance domestic workers, apprentices, and workers engaged in sea and air transport activities.

Article 8. Deductions from wages. The Committee notes the Government’s explanations concerning the recent income tax reduction for the low paid in reply to previous comments concerning the overall limits of authorized wage deductions. It also notes the reference to section 37 of the new Labour Code which requires all deductions to appear on the pay slip that the employer is obliged to give to the worker at the time of each payment. The Committee wishes to refer, in this connection, to Paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85), which suggests that an upper limit should be placed on deductions, so as to ensure that they are not so heavy as to deprive the workers of the basic minimum income needed for the maintenance of themselves and their families. As the Committee noted in paragraph 248 of the 2003 General Survey on protection of wages, Article 8 of the Convention imposes an obligation to set limits for permissible deductions which in itself reveals an underlying concern that deductions should not become arbitrary or unreasonably onerous. Recalling that apart from setting specific limits for each type of wage deduction (e.g. income tax or social security contributions), it is also important to establish an overall limit beyond which wages cannot be further reduced, the Committee requests the Government to indicate the manner in which the income of workers is protected in the case of multiple wage deductions or attachments.

Article 11. Privileged protection of wage claims in bankruptcy proceedings. The Committee notes that the new Labour Code in section 33 provides for the establishment of a Wage Guarantee Fund to protect employees’ entitlements in the case of the employer’s insolvency or bankruptcy. The Fund covers up to three months’ unpaid wages and is financed by 1 per cent of the annual employers’ contributions to the Unemployment Insurance Scheme. The Committee further notes the Ministerial Regulations for the operation of the Wage Guarantee Fund which have entered into force in October 2004. Noting that the national legislation has progressively adopted much higher standards of protection than those provided for in Article 11 of the Convention, both in terms of protection by means of a privilege and also protection through a wage guarantee institution, the Committee encourages the Government to give favourable consideration to the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which contains the most relevant standards in relation to the protection of workers’ claims in the event of the employer’s bankruptcy or insolvency. Convention No. 173 was designed as a dual thrust instrument proposing two distinct sets of standards, one dealing with protection by means of a privilege and another dealing with wage guarantee funds, which may be accepted together or separately. As explained in greater detail in paragraphs 331–353 of the abovementioned General Survey, Convention No. 173 offers solid and modern responses to current challenges of corporate insolvency, in that it strengthens the traditional privilege system while exploring new means of protection in the form of wage guarantee institutions and leaving a wide margin of discretion to ratifying countries for the implementation of the standards.

Part V of the report form. The Committee requests the Government to continue to provide up to date information on the application of the Convention in practice, including inspection results, statistics on the number of workers covered by relevant legislation, copies of official documents or studies on wages issues, any difficulties encountered in the implementation of the Convention, etc.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of the minimum wage fixing machinery. The Committee notes that, under section 4 of the Labour Law, enterprises carrying out agricultural and forestry works and employing less than 50 workers are excluded from the scope of application of the Labour Law. In its previous comment, the Committee raised the question whether such a threshold would risk leaving a large number of agricultural workers without minimum wage coverage and asked the Government to provide statistical data on the number of workers concerned. The Government refers, in this connection, to section 39 of the new Labour Law, which provides that the minimum wage seeks to regulate the economic and social conditions of all workers with an employment contract whether they are covered or not by the Labour Law, and concludes that all agricultural workers without exception are therefore covered by the national minimum wage. While noting these explanations, the Committee would appreciate if the Government would clarify whether other provisions of the Labour Law related to minimum wage regulation and compliance, such as, for instance, the provisions on labour inspection and sanctions, are also applicable to agricultural workers of small farms employing less than 50 workers.

In addition, the Committee notes the statistical information provided by the Government, according to which as of July 2007 there were 95,095 workers in agriculture and fishing and 89,796 workers in forestry employed under an employment contract and therefore covered by the provisions of the Labour Law. The Committee requests the Government to indicate the approximate number of agricultural workers falling outside the scope of the Labour Law, and also to specify whether and how minimum wage levels are established for those agricultural workers not benefiting from an employment contract.

Article 5 and Part V of the report form. The Committee would thank the Government for continuing to provide up to date and documented information on the practical application of the Convention, including, for instance, the minimum wage rate currently in force, copies of collective agreements fixing minimum pay rates for specific branches of the agricultural sector, statistics on the number of agricultural workers remunerated at the minimum wage rate, labour inspection results, copies of official documents or studies addressing issues of minimum wage policy, etc.

Moreover, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 99 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Turkey has already in place a minimum wage fixing mechanism that covers all sectors of the economy rather than individual sectors as is the case under Convention No. 99. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 3 of the Convention. Coverage and determination of minimum wage levels. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) concerning the application of the Convention.

TISK continues to consider inadvisable to bring home-based trades within the scope of the minimum wage legislation. Not only is it impossible to determine the minimum wage for piecework, bearing in mind that home working trades are usually engaged in piecework, but it is also not always clear whether those working at home are self-employed or parties to an employment relationship. As regards the periodic readjustment of the minimum wage, TISK maintains that other economic factors apart from the inflation rate should be taken into consideration, such as for instance the economic crisis, market slowdown, decline in productivity, and increased unemployment. TISK suggests that lower minimum wages should apply to young persons as from the age of 20 rather than the age of 16 in an effort to prevent the growing youth unemployment. Finally, TISK considers that the fight against the informal economy would need lower taxation, simplifying bureaucracy and additional incentives for formal employment.

TÜRK-IŞ believes that the level of the minimum wage is far from adequate to provide a humane standard of living and that the country’s economic situation is used as an excuse for keeping the minimum wage exceptionally low. The workers’ organization also states that while the economy has grown by 35 per cent over the past four years, workers remunerated at the minimum pay rate have not been able to share any concrete benefits. According to statistics of the social security institution, two out of every five formal workers are paid at the minimum wage. Moreover, TÜRK-IŞ alleges that at present the minimum wage can hardly cover 64 per cent of the hunger level and 20 per cent of the poverty level, which means that a working family receiving the minimum wage can eat healthily for just 19 days and can enjoy a decent standard of living for only six days per month. Finally, TÜRK-IŞ draws attention to the homeworking trades which are not protected by minimum wage legislation and also to the important ongoing problem of informal employment. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the information contained in the Government’s detailed report and its attachments, in particular the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) on the application of the Convention. It also notes the comments made by the Confederation of Turkish Public Employees Trade Unions (KAMU-SEN), which were appended to the Government’s report received in October 2003. The Committee further notes the adoption of the new Labour Law No. 4857 of 22 May 2003 revising the old Labour Law No. 1475 of 25 August 1971.

Article 12, paragraph 1, of the Convention. Non-payment or delayed payment of wages. The Committee notes that employers’ and workers’ organizations have been commenting for a number of years on problems concerning the non-payment or delayed payment of wages. TÜRK-IŞ indicates that the amounts owed to workers in the form of unpaid or only partially paid wages and social benefits and bonuses are reaching high levels. The situation affects considerable numbers of workers in the private sector but also municipal workers. For KAMU-SEN, the dramatic drop in real wages, mainly because of inflation and increasing production costs, pushes workers to depression. TISK believes that excessive financial obligations, such as high tax and social insurance contributions imposed on registered workers and employers, increase the difference between gross and net wages, and diminish the country’s competitiveness. In fact, Turkey has been on top of the OECD list of countries with the highest labour employment costs: 42.8 per cent of average labour costs have consisted of payroll taxes since 2006, as compared to 27.5 per cent for other OECD countries and 11.7 per cent for EU countries. For TISK, the heavy tax and social insurance burden boost the informal sector and render the economy less competitive.

Concerning these points, the Government states that the delays in the payment of wages are caused mainly by the economic crisis affecting all enterprises or organizations, private or public. The Government also refers to sections 33 and 34 of the new Labour Law as measures to address this situation through legislation. Section 33 establishes a Wages Guarantee Fund within the Unemployment Insurance Fund, which is financed by 1 per cent of the contributions to the unemployment insurance by the employers. Section 34 provides that workers may at their discretion decide not to work if the employer does not pay the wage due within 20 days of the pay day, which must not be construed as a strike or be considered as a ground for termination of the worker’s employment contract, and that an interest at the highest commercial rate must be applied to the sum of wages due to the worker. As regards the situation of wage payment in the public sector, the Government makes reference to the results of a survey by the Ministry of Interior showing that there are nearly 5,500 public officers affected across 188 municipalities involving an amount of approximately 5,781,147 new Turkish liras (approximately US$4.6 million). In this connection, the Government indicates that the legislation regulating the finance and personnel affairs in public administration, such as Act No. 5018 concerning the administration of public finance and audit, and Act No. 5620 on the transfer to permanent posts or contractual personnel status of workers temporarily employed in the public administration, ensures that wages of public officers are paid regularly and in full. The Committee recalls in this connection paragraphs 358 and 366 of its General Survey of 2003 on the protection of wages, in which it pointed out that whatever the intricate causes of the problem of wage arrears, the deferred payment of wages is part of a vicious circle that inexorably affects the entire national economy. The Committee hopes that the Government will continue its efforts for devising appropriate solutions to the problem of delayed or non-payment of wages through social dialogue and better implementation of the labour legislation. The Committee accordingly requests the Government to closely monitor the situation and continue to provide up to date information on the number of workers and types of enterprises affected by accumulated wage arrears and any progress made in settling outstanding payments in both the public and private sector. Finally, the Committee requests the Government to transmit any comments it may wish to make in reply to the latest observations of TISK and TÜRK-IŞ.

Article 15. Enforcement and legal remedies. According to TÜRK-IŞ the difficulties experienced in the protection of workers’ wages are mainly due to the considerable difference between the legal provisions in place and their practical application, or in other words to the lack of effective penalties. In contrast, TISK considers that legal provisions on penalties are sufficient. It also states that the increase of administrative fines would not safeguard the full respect of the wage legislation, as long as the employers are deprived of their financial strength to secure resources for the payment of wages. In this regard, the Government refers to section 102 of the new Labour Law prescribing an administrative fine of 100 Turkish New Lira (TRY) (approximately US$83), to be annually readjusted under section 17 of Act No. 5326 of 30 March 2005, for failure to pay the wages in full. The Government explains that based on these provisions, an employer would currently be liable to a fine of TRY167 (approximately US$138) for each month of non-payment or underpayment of the worker’s wage. It also refers to the possibility to file a complaint with the labour courts under section 61 of Act No. 2822 on collective labour agreements which provides for a lawsuit for payment that carries payment of interest at the highest commercial rate. The Committee would be thankful to the Government for providing statistical information on the number of wage-related cases heard by labour courts and the amounts of wages recovered.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 4 of the Convention. Scope of application and enforcement of minimum wage in agriculture. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ), concerning the application of the Convention.

TISK basically reiterates points it has raised in earlier observations, in particular that bringing partially agricultural enterprises and agricultural workers within the scope of the Labour Law creates problems of application and that a separate legislation would be preferable due to the special characteristics of agricultural work and the social structure in the country.

As for TÜRK-IŞ, it considers that the measures for control, inspection, and sanctions in the agricultural sector are completely inadequate and, as a result, large numbers of agricultural workers are remunerated at rates below the minimum wage. TÜRK-IŞ calls, accordingly, for better implementation of Article 4 of the Convention. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ. It would also appreciate receiving a copy of the Statute concerning work regarded as industry, commerce, agriculture and forestry of 28 February 2004 and of the Statute concerning working conditions of workers in agriculture and forestry of 6 April 2004 to which reference was made in TISK’s comments.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information contained in the Government’s report, in particular, the adoption of the new Labour Law No. 4857 of 22 May 2003, and its provisions regarding the determination of the national minimum wage.

Article 1, paragraph 1, and Article 3, paragraph 1, of the Convention. Minimum wage fixing machinery and coverage of the minimum wage. The Committee notes that, under section 39 of the new Labour Law, the national minimum wage is established at least once every two years by the Government upon consulting the tripartite Minimum Wage Determination Committee and applies to workers of all sectors working under employment contracts, whether they are covered by the Labour Law or not. In addition, the Committee notes the Government’s indication that, even though pursuant to section 4 of the Labour Law workers engaged in home work and domestic services fall outside its scope of application, they are nonetheless covered by the national minimum pay rate established in accordance with section 39 of the Labour Law. While noting with interest that the protective coverage of the national minimum wage has been extended to apply to homeworkers – a point on which the Committee has been commenting for a number of years – the Committee requests the Government to clarify whether other provisions of the Labour Law related to enforcement of the national legislation in respect of minimum wages, such as, for instance, section 92 on inspection and section 102 on sanctions apply also to home work and domestic work.

Article 3, paragraph 2(2). Consultations with social partners and periodic adjustment of the minimum wage. The Committee notes that, under section 39 of the Labour Law, the worker and employer members of the tripartite consultative minimum wage-fixing body are appointed by the workers’ and the employers’ organization having the highest membership. In this regard, the Committee would be grateful if the Government would specify whether and how smaller workers’ and employers’ organizations are associated in the operation of the minimum wage fixing machinery.

In addition, the Committee notes that the State Statistics Institute (TUIK) establishes a subsistence wage based on the minimum nutritional needs of a worker (3,540 calories per day) to serve as a basis for the tripartite discussions on the minimum wage level. Recalling that the Convention seeks to ensure decent wage levels for workers and their families, covering not only needs with respect to food but also other basic needs such as clothing, housing, medical care, schooling and leisure, the Committee requests the Government to indicate the manner in which the workers’ non-nutritional needs are assessed and are taken into consideration in the minimum wage fixing process.

Article 4. Supervision and sanctions. The Committee notes the Government’s reference to section 102 of the Labour Law prescribing an administrative fine of 100 new Turkish lira (approximately US$83), to be annually adjusted under section 17 of Act No. 5326 of 30 March 2005, for failure to pay the full amount of the minimum wage. The Government explains that, based on these provisions, an employer would currently be liable to a fine of 167 new Turkish lira (approximately US$138) for each month of non-payment or underpayment of the minimum wage and for each worker affected. The Committee would appreciate receiving specific information on: (i) the application of such measures in practice showing the number of inspection visits carried out and violations of the minimum wage legislation reported; (ii) any measures taken or envisaged with a view to strengthening the supervision of the minimum pay rates in force, especially in home‑working trades and the informal sector. Moreover, noting that the national monthly minimum wage is currently set at 608 new Turkish lira (approximately US$504), the Committee would be grateful if the Government would provide explanations as to whether the monetary sanctions currently in force may be considered truly dissuasive and adequate for preventing violations of the national legislation in respect of minimum wages.

Part V of the report form. The Committee would appreciate if the Government would continue to provide all available information on the practical application of the Convention, including, for instance, the minimum wage rates in force, the approximate number of workers remunerated at the minimum wage rate, statistics on the evolution of economic indicators such as the inflation rate as compared to the evolution of the national minimum wage in recent years, copies of collective agreements fixing minimum wages for specific sectors or branches of economic activity, extracts from official documents or studies relating to wage policy, such as activity reports of the Minimum Wage Determination Committee or the TUIK, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Turkey has already a national minimum wage of general application (and not only minimum wages for those workers employed in exceptionally low-paid trades where no arrangements for collectively negotiated wages exist, as prescribed by Convention No. 26) and its legislation appears to broadly reflect the provisions of that Convention. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the detailed information provided in the Government’s report, in particular the adoption of the new Labour Code (Act No. 4857 of 22 May 2003).

Article 2 of the Convention. Scope of application. The Committee notes with interest that under section 113 of the Code, most of the provisions on wages protection, and the corresponding provisions on penal sanctions, now apply to two categories of workers which otherwise fall outside the coverage of the Labour Code, i.e. agricultural and forestry enterprises employing 50 employees or less, and small businesses of craftsmen employing three persons or less. Recalling that pursuant to Article 2 of the Convention, all persons to whom wages are paid or payable should be protected in respect of the matters dealt with in Articles 3 to 15 of the Convention, the Committee requests the Government to specify how effect is given in law and practice to all the substantive requirements of the Convention with respect to those workers who remain excluded from the scope of application of the Labour Code, such as for instance domestic workers, apprentices, and workers engaged in sea and air transport activities.

Article 8. Deductions from wages. The Committee notes the Government’s explanations concerning the recent income tax reduction for the low paid in reply to previous comments concerning the overall limits of authorized wage deductions. It also notes the reference to section 37 of the new Labour Code which requires all deductions to appear on the pay slip that the employer is obliged to give to the worker at the time of each payment. The Committee wishes to refer, in this connection, to Paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85) which suggests that an upper limit should be placed on deductions, so as to ensure that they are not so heavy as to deprive the workers of the basic minimum income needed for the maintenance of themselves and their families. As the Committee noted in paragraph 248 of the 2003 General Survey on protection of wages, Article 8 of the Convention imposes an obligation to set limits for permissible deductions which in itself reveals an underlying concern that deductions should not become arbitrary or unreasonably onerous. Recalling that apart from setting specific limits for each type of wage deduction (e.g. income tax or social security contributions), it is also important to establish an overall limit beyond which wages cannot be further reduced, the Committee requests the Government to indicate the manner in which the income of workers is protected in the case of multiple wage deductions or attachments.

Article 11. Privileged protection of wage claims in bankruptcy proceedings. The Committee notes with interest that the new Labour Code in section 33 provides for the establishment of a Wage Guarantee Fund to protect employees’ entitlements in the case of the employer’s insolvency or bankruptcy. The Fund covers up to three months’ unpaid wages and is financed by 1 per cent of the annual employers’ contributions to the Unemployment Insurance Scheme. The Committee further notes the Ministerial Regulations for the operation of the Wage Guarantee Fund which have entered into force in October 2004. Noting that the national legislation has progressively adopted much higher standards of protection than those provided for in Article 11 of the Convention, both in terms of protection by means of a privilege and also protection through a wage guarantee institution, the Committee encourages the Government to give favourable consideration to the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173) which contains the most relevant standards in relation to the protection of workers’ claims in the event of the employer’s bankruptcy or insolvency. Convention No. 173 was designed as a dual thrust instrument proposing two distinct sets of standards, one dealing with protection by means of a privilege and another dealing with wage guarantee funds, which may be accepted together or separately. As explained in greater detail in paragraphs 331–353 of the abovementioned General Survey, Convention No. 173 offers solid and modern responses to current challenges of corporate insolvency, in that it strengthens the traditional privilege system while exploring new means of protection in the form of wage guarantee institutions and leaving a wide margin of discretion to ratifying countries for the implementation of the standards.

Part V of the report form. The Committee notes that according to the statistical information provided by the Government, in 2002, out of a total number of 34,580 inspections conducted, approximately 75 per cent were related to complaints or inquiries about the non-payment or deferred payment of wages. It also notes that, in 2006, 30.5 million new Turkish liras (approximately US$24.5 million) worth of administrative fines were imposed for violations of the labour legislation. The Committee requests the Government to continue to provide up to date information on the application of the Convention in practice, including inspection results, statistics on the number of workers covered by relevant legislation, copies of official documents or studies on wages issues, any difficulties encountered in the implementation of the Convention, etc.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information contained in the Government’s report, in particular the adoption of the new Labour Law No. 4857 of 22 May 2003 and its provisions regarding the determination of the national minimum wage.

Article 1(1) of the Convention. Scope of the minimum wage fixing machinery. The Committee notes that, under section 4 of the new Labour Law, enterprises carrying out agricultural and forestry works and employing less than 50 workers are excluded from the scope of application of the Labour Law. In its previous comment, the Committee raised the question whether such a threshold would risk leaving a large number of agricultural workers without minimum wage coverage and asked the Government to provide statistical data on the number of workers concerned. The Government refers, in this connection, to section 39 of the new Labour Law, which provides that the minimum wage seeks to regulate the economic and social conditions of all workers with an employment contract whether they are covered or not by the Labour Law, and concludes that all agricultural workers without exception are therefore covered by the national minimum wage. While noting these explanations, the Committee would appreciate if the Government would clarify whether other provisions of the Labour Law related to minimum wage regulation and compliance, such as, for instance, the provisions on labour inspection and sanctions, are also applicable to agricultural workers of small farms employing less than 50 workers.

In addition, the Committee notes the statistical information provided by the Government, according to which as of July 2007 there were 95,095 workers in agriculture and fishing and 89,796 workers in forestry employed under an employment contract and therefore covered by the provisions of the Labour Law. The Committee requests the Government to indicate the approximate number of agricultural workers falling outside the scope of the Labour Law, and also to specify whether and how minimum wage levels are established for those agricultural workers not benefiting from an employment contract.

Article 5 and Part V of the report form. The Committee would thank the Government for continuing to provide up to date and documented information on the practical application of the Convention, including, for instance, the minimum wage rate currently in force, copies of collective agreements fixing minimum pay rates for specific branches of the agricultural sector, statistics on the number of agricultural workers remunerated at the minimum wage rate, labour inspection results, copies of official documents or studies addressing issues of minimum wage policy, etc.

Moreover, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 99 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Turkey has already in place a minimum wage fixing mechanism that covers all sectors of the economy rather than individual sectors as is the case under Convention No. 99. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 3 of the Convention. Coverage and determination of minimum wage levels. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) concerning the application of the Convention.

TISK continues to consider inadvisable to bring home-based trades within the scope of the minimum wage legislation. Not only is it impossible to determine the minimum wage for piecework, bearing in mind that home working trades are usually engaged in piecework, but it is also not always clear whether those working at home are self-employed or parties to an employment relationship. As regards the periodic readjustment of the minimum wage, TISK maintains that other economic factors apart from the inflation rate should be taken into consideration, such as for instance the economic crisis, market slowdown, decline in productivity, and increased unemployment. TISK suggests that lower minimum wages should apply to young persons as from the age of 20 rather than the age of 16 in an effort to prevent the growing youth unemployment. Finally, TISK considers that the fight against the informal economy would need lower taxation, simplifying bureaucracy and additional incentives for formal employment.

TÜRK-IŞ believes that the level of the minimum wage is far from adequate to provide a humane standard of living and that the country’s economic situation is used as an excuse for keeping the minimum wage exceptionally low. The workers’ organization also states that while the economy has grown by 35 per cent over the past four years, workers remunerated at the minimum pay rate have not been able to share any concrete benefits. According to statistics of the social security institution, two out of every five formal workers are paid at the minimum wage. Moreover, TÜRK-IŞ alleges that at present the minimum wage can hardly cover 64 per cent of the hunger level and 20 per cent of the poverty level, which means that a working family receiving the minimum wage can eat healthily for just 19 days and can enjoy a decent standard of living for only six days per month. Finally, TÜRK-IŞ draws attention to the homeworking trades which are not protected by minimum wage legislation and also to the important ongoing problem of informal employment. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information contained in the Government’s detailed report and its attachments, in particular the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) on the application of the Convention. It also notes the comments made by the Confederation of Turkish Public Employees Trade Unions (KAMU-SEN), which were appended to the Government’s report received in October 2003. The Committee further notes the adoption of the new Labour Law No. 4857 of 22 May 2003 revising the old Labour Law No. 1475 of 25 August 1971.

Article 12, paragraph 1, of the Convention. Non-payment or delayed payment of wages. The Committee notes that employers’ and workers’ organizations have been commenting for a number of years on problems concerning the non-payment or delayed payment of wages. TÜRK-IŞ indicates that the amounts owed to workers in the form of unpaid or only partially paid wages and social benefits and bonuses are reaching high levels. The situation affects considerable numbers of workers in the private sector but also municipal workers. For KAMU-SEN, the dramatic drop in real wages, mainly because of inflation and increasing production costs, pushes workers to depression. TISK believes that excessive financial obligations, such as high tax and social insurance contributions imposed on registered workers and employers, increase the difference between gross and net wages, and diminish the country’s competitiveness. In fact, Turkey has been on top of the OECD list of countries with the highest labour employment costs: 42.8 per cent of average labour costs have consisted of payroll taxes since 2006, as compared to 27.5 per cent for other OECD countries and 11.7 per cent for EU countries. For TISK, the heavy tax and social insurance burden boost the informal sector and render the economy less competitive.

Concerning these points, the Government states that the delays in the payment of wages are caused mainly by the economic crisis affecting all enterprises or organizations, private or public. The Government also refers to sections 33 and 34 of the new Labour Law as measures to address this situation through legislation. Section 33 establishes a Wages Guarantee Fund within the Unemployment Insurance Fund, which is financed by 1 per cent of the contributions to the unemployment insurance by the employers. Section 34 provides that workers may at their discretion decide not to work if the employer does not pay the wage due within 20 days of the pay day, which must not be construed as a strike or be considered as a ground for termination of the worker’s employment contract, and that an interest at the highest commercial rate must be applied to the sum of wages due to the worker. As regards the situation of wage payment in the public sector, the Government makes reference to the results of a survey by the Ministry of Interior showing that there are nearly 5,500 public officers affected across 188 municipalities involving an amount of approximately 5,781,147 new Turkish liras (approximately US$4.6 million). In this connection, the Government indicates that the legislation regulating the finance and personnel affairs in public administration, such as Act No. 5018 concerning the administration of public finance and audit, and Act No. 5620 on the transfer to permanent posts or contractual personnel status of workers temporarily employed in the public administration, ensures that wages of public officers are paid regularly and in full. The Committee recalls in this connection paragraphs 358 and 366 of its General Survey of 2003 on the protection of wages, in which it pointed out that whatever the intricate causes of the problem of wage arrears, the deferred payment of wages is part of a vicious circle that inexorably affects the entire national economy. The Committee hopes that the Government will continue its efforts for devising appropriate solutions to the problem of delayed or non-payment of wages through social dialogue and better implementation of the labour legislation. The Committee accordingly requests the Government to closely monitor the situation and continue to provide up to date information on the number of workers and types of enterprises affected by accumulated wage arrears and any progress made in settling outstanding payments in both the public and private sector. Finally, the Committee requests the Government to transmit any comments it may wish to make in reply to the latest observations of TISK and TÜRK-IŞ.

Article 15. Enforcement and legal remedies. According to TÜRK-IŞ the difficulties experienced in the protection of workers’ wages are mainly due to the considerable difference between the legal provisions in place and their practical application, or in other words to the lack of effective penalties. In contrast, TISK considers that legal provisions on penalties are sufficient. It also states that the increase of administrative fines would not safeguard the full respect of the wage legislation, as long as the employers are deprived of their financial strength to secure resources for the payment of wages. In this regard, the Government refers to section 102 of the new Labour Law prescribing an administrative fine of 100 Turkish New Lira (TRY) (approximately US$83), to be annually readjusted under section 17 of Act No. 5326 of 30 March 2005, for failure to pay the wages in full. The Government explains that based on these provisions, an employer would currently be liable to a fine of TRY167 (approximately US$138) for each month of non-payment or underpayment of the worker’s wage. It also refers to the possibility to file a complaint with the labour courts under section 61 of Act No. 2822 on collective labour agreements which provides for a lawsuit for payment that carries payment of interest at the highest commercial rate. The Committee would be thankful to the Government for providing statistical information on the number of wage-related cases heard by labour courts and the amounts of wages recovered.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 4 of the Convention. Scope of application and enforcement of minimum wage in agriculture. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ), concerning the application of the Convention.

TISK basically reiterates points it has raised in earlier observations, in particular that bringing partially agricultural enterprises and agricultural workers within the scope of the Labour Law creates problems of application and that a separate legislation would be preferable due to the special characteristics of agricultural work and the social structure in the country.

As for TÜRK-IŞ, it considers that the measures for control, inspection, and sanctions in the agricultural sector are completely inadequate and, as a result, large numbers of agricultural workers are remunerated at rates below the minimum wage. TÜRK-IŞ calls, accordingly, for better implementation of Article 4 of the Convention. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ. It would also appreciate receiving a copy of the Statute concerning work regarded as industry, commerce, agriculture and forestry of 28 February 2004 and of the Statute concerning working conditions of workers in agriculture and forestry of 6 April 2004 to which reference was made in TISK’s comments.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information contained in the Government’s report, received in October 2003, which included comments supplied by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Turkish Public Employees Trade Unions (KAMU-SEN). The Committee will examine the Government’s report and the comments of the organizations in detail at its next session and welcomes any additional information that the Government may wish to provide.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the report provided by the Government, and the comments made by the Turkish Confederation of Employer Associations (TISK), the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ).

I.  Application of minimum wage fixing machinery
  to home-based industries

1. With regard to the question of home work, TISK considers, in its comments provided in 2001 and 2002, that regulations in this field must take into account the differences in conditions and practices in each region, sector and enterprise. According to TISK, any form of standardization in the field of home work would affect the competitiveness of enterprises and would to a large extent eliminate the function fulfilled by this flexible form of employment. There is also a risk, if home work is subjected to regulations that are too strict, that jobs in the sector would shift to the informal sector of the economy. TISK considers, in this respect, that regulations in this field could not be based on the Labour Act No. 1475, since home work cannot be qualified as an employment relationship in the absence of the element of dependence by workers on the employer. TISK believes that it is unclear whether homeworkers can be considered as "employees", or rather as being "self-employed". Moreover, as home work is generally paid on the basis of piece-work, the establishment of a minimum wage would be impossible in view of the disparate nature of the work performed. TISK considers that, for all these reasons, an amendment of the national regulations on minimum wages with a view to including home work is not appropriate.

2. The Committee notes that the Government indicates in its report, with regard to home work, that the preparation of legal provisions respecting minimum wages in non-standard forms of work has not progressed adequately during the Seventh Five-Year Development Plan. For this reason, the Eighth Five-Year Plan, covering the period from 2001 to 2005, continues to have the objective of limiting unregistered employment, which continues to have an adverse effect on industrial relations and enterprises. The Government indicates in this respect that home work and domestic work are the two main fields in which the preparation of legislative texts is envisaged. However, it adds that difficulties have been encountered in defining the terms "worker", "employer" and "workplace". The Government also indicates that this issue has been the subject of reflection by the Supreme Court of Appeal, which found in a decision issued in June 2000 that, where the work is carried out under the instructions of an employer, it could constitute work performed under a contract of employment, even though it is paid at piece-rates.

3. The Committee recalls that, by virtue of Article 1 of the Convention, machinery must be created whereby minimum rates of wages can be fixed for workers employed in trades in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low, and particularly in trades or parts of trades carried on at home. The Committee regrets that, despite the commitments made in this respect on several occasions, the Government has still not succeeded in adopting laws or regulations extending the scope of the minimum wage to the above industries. It firmly hopes that the Government will make every effort to ensure that these categories of particularly vulnerable workers benefit, as soon as possible, from the provisions of the national legislation relating to minimum wages.

II.  Consultation and participation of employers’ and workers’
organizations for the determination and operation of
minimum wage fixing machinery

4. The Confederation of Progressive Trade Unions of Turkey (DISK) considers, in the comments made in 2001 and 2002, that the national legislation is not in accordance with Article 3, paragraph 2, of the Convention. Certain trade unions, such as DISK and the Confederation of Real Trade Unions of Turkey (HAK-IŞ), are not represented on the Minimum Wage-Fixing Board, which was established under section 33 of the Labour Act and is composed of five members representing each of the parties, with employers’ and workers’ organizations being selected from among the most representative. In view of the fact that the decisions of this Board are adopted by majority and that the Turkish State is the largest employer in the country, in the view of DISK there is an obvious imbalance between workers’ representatives, on the one hand, and employers’ representatives, on the other. DISK therefore considers that consultations have not been held within the meaning of Article 3, paragraph 2(1), of the Convention, and that all the organizations of employers and workers concerned have not been consulted, in accordance with Article 3, paragraph 2(2).

5. The Committee notes with concern that the Government’s report does not contain information on the comments made by this organization. It recalls that, under the terms of Article 3, paragraph 2(1) and (2), of the Convention, all the organizations of employers and workers concerned shall be consulted for the purposes of determining the minimum wage fixing machinery and shall participate in its application. While waiting for the Government to provide its observations on the comments made by DISK, the Committee urges the Government to take all appropriate measures to ensure that the social partners participate on an equal footing in both the determination and operation of minimum wage fixing machinery.

III.  Revision of the minimum wage fixing machinery

6. In the comments made in 2001 and 2002, TISK expresses the hope that the Government will be able to complete the amendment of the national legislation reviewing the minimum wage fixing machinery. TISK indicates that it is in favour of differenciated treatment, based on whether or not a collective agreement is applicable in the workplace. It also hopes that an amendment will be made as soon as possible allowing derogations from the minimum-wage legislation where a collective agreement is applicable by permitting the determination of minimum wages by means of collective bargaining. TISK recalls that, under the terms of Article 1 of the Convention, minimum wage fixing machinery has to be created where no arrangements exist for the effective regulation of wages by collective agreement. It therefore considers that, a contrario, where collective agreements exist, the minimum wage should not be applicable.

7. With regard to the revision of the minimum wage fixing machinery, the Government indicates that the national Constitution was amended on 3 October 2001 and that article 55 of the Constitution now provides for the determination of minimum wages on the basis of the living conditions of workers, which should enable workers to maintain their standards of living. The Government adds that its Action Plan for 2001 provided for studies to be undertaken concerning the amendment of regulations on minimum wage fixing machinery. As it was not possible to complete these studies on time, this objective was also included in its Action Plan for 2002 with the target of adopting the amendments respecting minimum wage fixing machinery before the end of 2002.

8. The Committee notes that the Government’s report does not reply directly to the points raised by TISK and it therefore requests it to indicate its position on these matters in its next report. Furthermore, it recalls that under the terms of Articles 1 and 3, paragraph 2(3), of the Convention, read together, where a minimum wage has been established by law as being applicable to certain trades or parts of trades, it becomes compulsory for the employers and workers concerned, who cannot lower it either by individual agreements or, unless the competent authority gives general or specific authorization, by collective agreement. Furthermore, the Committee requests the Government to keep the International Labour Office informed of any technical measures taken in future to modify the minimum wage fixing machinery and continues to hope that the Government will make every effort to achieve a consensus on the proposed amendment to the minimum wage fixing machinery, and that it will soon be in a position to announce practical improvements in this respect.

IV.  Application of the Convention in practice

9. The Committee notes that TÜRK-IŞ reiterates the comments attached to the Government’s previous report. According to TÜRK-IŞ, the system of home work, which includes domestic workers as well as "subcontracted" workers, is the most common form of evading the protection provided for workers by the labour legislation and the national legislation on minimum wages should also apply to these two categories of employment. Furthermore, TÜRK-IŞ considers that the system of supervision of minimum wages is ineffective and the penalties very inadequate to prevent cases of non-compliance with the legislation, particularly when account is taken of the proliferation of clandestine employment and the growing numbers of small enterprises created in the informal sector.

10. With reference to the Committee’s observation in 2001 with regard to the measures taken or envisaged for the reinforcement of the supervisory and inspection machinery, especially in relation to homeworkers and workers employed in the informal sector, TISK considers that such measures are not the only means of combating in an effective manner practices which are mainly caused by economic factors. TISK considers that it is necessary to introduce greater flexibility into the national legislation and reduce the liability of employers, which adversely affects the workforce.

11. The Government indicates in this respect in its report on the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), that, since the entry into force on 1 August 1999 of Act No. 4421, the amount of the fines envisaged by Labour Act No. 1475 has been multiplied twelve fold. It also recalls that the Labour Inspection Department of the Ministry of Labour and Social Security has been carrying out studies with a view to modifying its inspection methods and to making labour inspection more effective. In this respect, it has targeted the implementation of sectoral inspections and inspections in small-scale enterprises. The Government adds that the recruitment of 100 new assistant labour inspectors was completed in 2001. With regard to the penalties imposed in cases of violations of the legislation on minimum wages, the Government states that it does not have detailed statistical information on the number of workers who have been the victims of such violations. However, it indicates that the work of compiling statistical data is currently under way with a view to achieving a better evaluation of the results of inspections. While awaiting the latter, the Government indicates that, of the 28,217 enterprises inspected in 2001, a total of 21 enterprises were penalized for violations of section 33 of the Labour Act respecting the minimum wage and that the total amount of the penalties imposed was around 196,000 million Turkish lira.

12. The Committee notes this information and hopes that the Government will continue to take all other appropriate measures with a view to strengthening the system of supervision and inspection. It notes that the Government does not specify whether the studies undertaken by the Labour Inspection Department, concluding that it is necessary to undertake sectoral inspections, have had the result of strengthening the supervision and inspection machinery, particularly with regard to homeworkers and workers in the informal sector. The Committee therefore requests the Government to provide more information on the means used to reinforce inspections in these fields, in which evasion of the legislation protecting workers and on minimum wages is reported to be most common.

13. Furthermore, the Committee requests the Government to provide further information on the work carried out on the machinery for determining and applying minimum wages by the Committee of Academics, which has been established to review national law with a view to bringing it into conformity with ILO standards, and which is composed of nine academicians representing the Government and the social partners on an equal footing.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the appended submissions from the Turkish Confederation of Employer Associations (TISK), the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) containing observations on the application of this Convention. The Committee notes with satisfaction the adoption of Act No. 4773 on 9 August 2002 to amend the Labour Code by extending its scope to agricultural and forestry workers. It requests the Government to provide the Office with a copy of the above Act. It also asks the Government to send information in future reports on progress made in applying the Convention to workers in craft trades and small businesses who are not yet covered by the legislation and to all categories of persons to which it plans to extend the wage protection afforded by the Convention, in accordance with Article 2, paragraph 4, of the Convention.

I.  Non-payment or delayed payment of wages

1. In its comments, appended to the Government’s report, the workers’ organization, TÜRK-IŞ, raised the same objections to the application of the Convention as in its previous observations, in which it pointed out that employers frequently defer payment of workers’ wages and fringe benefits due to financial problems, while in local governments it is widespread practice to delay for months the payment of wages, overtime pay, bonus and other benefits.

2. The workers’ organization, DISK, repeats the observations it made last year which the Committee was unable to examine not having received the Government’s comments on them. DISK also reports practices such as failure to pay wages and late payment of wages, particularly in the public sector as well as in other sectors. The result is a drop in the value of the wages of those concerned in view of the high inflation rate in Turkey due to the effect of the economic crisis in the country. Furthermore, according to DISK, even the Government, which is supposed to monitor implementation of the Convention and control infringements, is using the economic crisis to gain acceptance of the late payment of the wage increases laid down in public sector collective agreements.

3. The Committee notes with concern that the Government provides no response in its report to either the previous or the latest observations by TÜRK-IŞ and DISK. The Committee recalls that, pursuant to Article 12 of the Convention, wages must be paid at regular intervals. In the Committee’s view, the right to be paid one’s wages on time is an essential right arising from the labour relationship, particularly in periods of crisis when workers and the members of their families rely entirely on income from their wages. The Committee therefore expresses the hope that the Government will take all appropriate steps to solve the problems of non-payment or late payment of wages as soon as possible. The Committee also asks the Government to provide in its next report up-to-date, precise and detailed information on the number of workers affected in the public service and the number and nature of the enterprises in which there are delays in the payment of wages.

II.  Deductions from wages for the payment of   social contributions and other taxes

4. In the observations it sent in 2000 and 2002 on the application of this Convention, TISK considers that the main factor hindering wage protection in Turkey is the excessive income tax burden, 50 per cent of gross wages being deducted for social contributions and other taxes. In TISK’s view, such a system is not compatible with the Convention’s objective of protecting wages creating, consequently, a need to reduce permanently - not just temporarily as prescribed by the Employment Promotion Act of April 2002 - the amount deducted from wages for social contributions and income tax.

5. The Government indicates in its report that with the tax legislation reform enacted on 22 July 1998, income tax rates which apply to wages and salaries have been lowered. It further indicates that the Employment Promotion Act grants temporary and partial tax deferment to employers as an incentive to employment.

6. The Committee understands that, under Act No. 4369, income tax rates range from 15 to 40 per cent depending on the level of earnings. It requests the Government to give particulars of the limits placed by the national legislation on all authorized deductions from wages, including sickness and unemployment insurance contributions, and to specify how workers are informed of the conditions under which and the extent to which deductions may be made from their wages, in accordance with Article 8  of the Convention.

III.  Application of the Convention in practice

7. In comments on the application of the Convention, DISK observes that breaches of the law on collective agreements go unpunished as there are no means of redress under which complaints may be filed in such cases. The TÜRK-IŞ, for its part, is of the view that the lack of effective penalties for non-payment or late payment of wages can only encourage practices of this kind.

8. In its observations of 2001 and 2002, TISK asks the Government to provide information on the operation of the inspection machinery, the nature and number of infringements recorded and the penalties imposed.

9. On this last point, the Government indicates that the inspections carried out with a view to ensuring regular payment of wages were continued during the period covered by the report; the number of enterprises fined for non-compliance, inter alia, for non-payment or late payment of wages, was 97 and the total amount of fines charged was approximately TRL300 million in the public sector and TRL5.3 billion in the private sector; and fines for breaches of the Labour Act rose by 56 per cent in 2001 as compared to the previous year.

10. The Committee notes the statistical information supplied by the Government. It points out, however, that according to the DISK, breaches of the obligation to pay wages on time occurred largely in the public sector. According to the information sent by the Government on the practical effect given to the Convention, however, only a small portion of the penalties imposed were in the public sector. The Committee recalls that under Article 2, paragraph 1, of the Convention, the latter applies to all persons to whom wages are paid or payable regardless of whether they are employed in the public sector or the private sector. It accordingly asks the Government to indicate the measures taken to give full effect to the Convention both in law and in practice, inter alia, through effective supervision by the labour inspectorate in sectors where problems are noted. In this connection, the Committee observes that the Government’s report does not respond to the observation made by DISK to the effect that breaches of the law and collective agreements go unpunished because there are no means of redress allowing complaints to be filed in such circumstances. It requests the Government to send its comments on this point and recalls that the Convention intends that, where rights arising from the Convention are disregarded, the worker should have access to a court or other body established by law in order to secure their enforcement. The Committee trusts that the Government’s next report will contain precise and detailed information on the manner in which workers are enabled to assert their rights regarding the protection of their wages.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the report provided by the Government, as well as the comments by the Turkish Confederation of Employer Associations (TISK) attached to the report. The Committee notes with interest the adoption, on 9 August 2002, of Act No. 4773 extending the scope, as of 15 March 2003, of Labour Act No. 1475 to cover agricultural and forestry workers. It notes with satisfaction the adoption of Act No. 4421, which entered into force on 1 August 2002, increasing twelvefold the fines initially prescribed in the Labour Act No. 1475.

1. Article 1 of the Convention. The Committee notes the comments made by the TISK, on the effects of the adoption of Act No. 4773 extending the scope of the Labour Act No. 1475 to workers employed in agricultural enterprises with over 50 employees. According to TISK, the inclusion of agricultural workers within the scope of the Labour Act has drawbacks due to the characteristics of the sector and the social structure. TISK considers that this Act is contrary to the basic principles of social law in so far as it requires the adoption of separate regulations covering, among other areas, working conditions, service contracts and wages. TISK also considers that, with a view to increasing employment levels, the minimum wage should only be applied to workers aged 20 years and over, and not 16 years as provided for under the current law, and that enterprises in which collective agreements are applicable should be exempted from the provisions. Also according to TISK, taxes on the minimum wage should be reduced and a common system of minimum wages established for the public and the private sectors.

2. The Committee notes that the report provided by the Government does not contain information relating to the comments made by TISK and requests it to provide its observations thereon with its next report. The Committee also requests the Government to indicate whether the adoption of the above Act arose from consultation with the most representative organizations of employers and workers concerned, in accordance with paragraph 2 of this provision of the Convention. Furthermore, the Committee wonders whether in practice the threshold of 50 workers, above which minimum wage provisions become applicable to agricultural and forestry workers, will actually permit a large number of workers in these two sectors to benefit from the minimum wage provisions. In this respect, it requests the Government as from March 2003, to provide statistical data on the number of workers covered by the protection afforded by the Labour Act, as amended.

3. Article 3, paragraphs 2 and 3. The Committee notes the Government’s response to the previous comments made by TISK, and particularly the fact that the comments made by this organization were discussed in the tripartite minimum wage fixing committees and that certain of them were included in the recommendations made by these committees, which were published in the Official Gazette.

4. The Committee further notes the Government’s indication that the work of revising the minimum wage fixing regulations is still continuing and that a working group, including representatives of employers’ and workers’ organizations, has been established for this purpose by the above committees. The Committee requests the Government to indicate whether all the most representative organizations have participated or are participating in the activities of this working group.

5. Article 4, paragraph 1, and Article 5. The Committee notes that, by virtue of Act No. 4421, which entered into force on 1 August 2002, the fines initially prescribed by the Labour Act No. 1475 have been increased twelvefold. It also notes that, according to the Government, the implementation of Act No. 4421 will undoubtedly result in the scope of inspections being broadened. The Committee requests the Government in this respect to provide information with its next report on the number and results of the inspections carried out in the agricultural and forestry sectors with a view to ensuring, by means of measures appropriate to the conditions obtained in these sectors, that the wages actually paid are not lower than the applicable minimum rates.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report as well as the comments made by the Confederation of Turkish Trade Unions (TÜRK-IS), the Confederation of Turkish Employers’ Associations (TISK), and the Confederation of Progressive Trade Unions of Turkey (DISK). Because of the problem of translation, the Committee intends to analyse the comments made by the TISK and the DISK, together with the Government’s response, in its next report.

1. The Committee has been commenting for many years on the need to amend the national legislation to specifically extend the coverage of the Labour Act to include homeworkers and domestic workers. The Committee regrets to note that the Government is still unable to report any progress in this respect other than stating that according to the Government Plan of Action of 2000 such atypical forms of employment should be regulated, and that a homeworker experiencing problems related to minimum wages might seek protection through the labour inspection or labour courts. The Committee urges the Government to take all necessary action in order to bring the national legislation into full conformity with the Convention with respect to homeworkers, and to provide information on any further developments in this regard.

2. The Committee notes that the comments of TÜRK-IS reiterate in substance those attached to the Government’s previous report. The TÜRK-IS considers that the home-working system, including domestic workers and workers engaged in "contract labour", is the most common form of evasion of the protective labour legislation, and that the national legislation on minimum wages should be extended to encompass these two categories of home-working trades. The TÜRK-IS is also of the opinion that supervision and sanctions in matters of minimum wages are totally insufficient, especially in the light of the spread of clandestine employment and the increasing number of establishments in the informal economy.

In this connection, the Government states in its report that the difficulty in the supervision of home work is a reality because of the nature of the work, and mainly because of the inviolability of the home asylum. The Government indicates that the intervention of labour inspectors is only possible in the case of a complaint or specific demand, but that no such complaint or demand has been submitted to the authorities from the workers concerned. It also states that the direct intervention of labour inspectors will only be possible after appropriate regulations to this effect come into force and that the regulation of flexible or non-standardized types of work is among its medium-term priorities.

The Committee further notes that according to the Government’s report, ad hoc working committees have been established in the Labour Inspection Board in order to improve the efficiency of labour inspection, for instance, by changing the methods of intervention and inspection and targeting the most vulnerable groups of workers. The Government also indicates that the recruitment of 100 new assistant labour inspectors is on the agenda of the Ministry of Labour and Social Security. Further to its previous comments, the Committee again requests the Government to supply detailed information in its next report on the measures taken or envisaged regarding the reinforcement of the supervisory and inspection machinery, especially in relation to homeworkers and workers employed in the informal sector.

3. Regarding the ongoing process of revising the minimum wage-fixing machinery, in relation to which meetings with the social partners have been held since 1997, the Committee notes that such revision should be completed under the Government Plan of Action of 2001. The Committee hopes that the Government will make every effort to reach a consensus on the proposed amendment of the minimum wage-fixing machinery and that it will soon be in a position to report concrete progress to this end.

The Committee notes with interest the information provided by the Government in its report concerning the minimum wage rates fixed for 2000-01 and requests it to continue providing, in accordance with Article 5 of the Convention and Part V of the report form, general information on the manner in which the Convention is applied in practice, including for example changes in the minimum wage rates in force, available statistical data on the number and categories of workers covered by the minimum wage regulations and inspection results, e.g. violations reported and penalties imposed.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report as well as the comments made by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Progressive Trade Unions of Turkey (DISK). The Committee will analyse in detail at its next session the comments of the aforementioned employers’ and workers’ organizations together with the response of the Government.

In its comments dated 5 June 2000, which were attached to the Government’s previous report, the Confederation of Turkish Employers’ Associations (TISK) expressed the view that reforms should be undertaken to reduce the amounts of compulsory contributions deducted from wages. According to TISK, the sums currently deducted from workers’ wages amount to over 50 per cent due to considerable social security contributions and increasing taxation. Moreover, TISK is of the opinion that calculating the social security contributions on the basis of the worker’s basic earnings, and thus requiring employers to pay contributions for wages that are not actually paid to workers, is not compatible with the objective of the Convention which is to protect wages. In its reply, the Government states that new legislation on taxation reform was enacted on 22 July 1998. The Committee asks the Government to provide in its next report full particulars on the new legislation and its repercussions on the overall amount of authorized wage deductions.

The Committee recalls the comments of the Confederation of Turkish Trade Unions (TÜRK-IS), received in October 2000, in which it was pointed out that wage-earners in the agricultural sector and small commercial enterprises are not covered by protective legislation. The TÜRK-IS alleges that employers frequently defer the payment of workers’ wages and other fringe benefits due to financial problems while in local governments it is widespread practice to delay the payment of wages, overtime pay, bonuses and other benefits for months. The TÜRK-IS further considers that the absence of effective sanctions in the case of non-payment or delayed payment of wages may only encourage such practices. On this last point, the Committee also notes the observation of TISK which expressed the view that the Ministry should supply information on the functioning of the inspection machinery, the nature and number of infringements observed and the sanctions imposed. In its response, the Government indicates that a draft bill extending the application of the Labour Act, including the provisions on wage protection, to the agricultural sector has been submitted to the Parliament. The Committee requests the Government to provide information on any further developments in this respect and to transmit a copy of the new legislation once it is adopted. The Committee also notes the Government’s reference to the draft bill concerning job security which was submitted to the Parliament on 19 September 2000, and to new legislation on bankruptcy currently under preparation, both of which are expected to enhance protection of workers’ wages. The Committee asks the Government to indicate in its next report any progress made with respect to the adoption of the above draft laws.

With regard to sanctions for violations of sections 26 and 99 of the Labour Act on the regular payment of wages, the Committee notes the information supplied by the Government according to which, in the course of 2000, 66 enterprises were fined by labour inspection services for non-payment or delayed payment of wages, and the total amount of fines charged reached TL 113.7 million for public undertakings and TL 2.8 billion for private undertakings. In this connection, the Committee recalls that the Government referred in its previous report to the possibility of increasing the monetary penalties imposed on employers for non-compliance with the legislation on wage protection. The Committee asks the Government to supply information on any further developments in this regard.

The Committee hopes that the Government will respond specifically to the observations made by the employers’ and workers’ organizations with respect to the application of the Convention in practice. It again requests the Government to continue to supply, in accordance with Article 16 of the Convention and Part V of the report form, all available information on the practical fulfilment of the requirements of the Convention, with particular reference to the agricultural sector, including information on inspection results, infringements observed and sanctions imposed as well as any statistics on the amounts of wages due, the length of delay in payment and the number of workers affected.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report, as well as the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Turkish Confederation of Employer Associations (TISK).

The Committee observes, however, that the Government’s report provides no answers to the questions raised in its previous comments. The Committee is therefore bound to repeat its previous observation, which read as follows:

1.  The Committee notes that the report of the Government was only received in March 1999, thus after the Committee’s session in 1998. The Committee takes note of the indication provided by the Government in this report according to which although the term "home work" is not defined and thus not specifically regulated in the Labour Act, it is assumed that there exists a contract of employment between an employer and an employee working at home and engaged in manufacture and commerce that falls under the scope of the Labour Act and the Regulation on Minimum Wage. The Government also states that the Ministry of Labour and Social Security is empowered in section 6, paragraph (III), of the said Act to decide which works other than those enumerated in the same section are to be classified as industrial or commercial. The Committee therefore trusts that the next report of the Government will state that the legislation has been amended to specifically include "home work" within the works enumerated in the section of the Labour Act referred to.

2.  The Committee also notes the information provided by the Government that there are difficulties in supervising home work, that work is recently initiated on home work with a view to determine its practical dimensions and that social partners have been contacted for this purpose. The Committee trusts that the Government will make every effort to ensure in the very near future that the employers and workers concerned are informed of the minimum rates of wages in force, and that wages are not paid at less than these rates in cases where they are applicable (Article 4 of the Convention). Thus, the Committee hopes that the Government will be in a position to supply information with its next report on the organization and working of inspection in relation to home workers (Part III of the report form).

3.  The Committee also notes the information supplied by the Government according to which:

-  since 1987 minimum wages are fixed in shorter spans than the two-year term provided by section 33 of the Labour Act No. 1475; from 1 January 1999, minimum wages are fixed on calendar year basis with six-monthly increases;

-  in 1995-96 the Minimum Wage Board concluded that it would be desirable to establish a tripartite commission to study the methods and principles to be applied for fixing the minimum wages, and the adaptation of the relevant regulation in the light of the results of the studies of this commission;

-  programmes for 1996 and 1997 foresaw the identification of methods to be applied for fixing the minimum wages and the problems in the existing structures, as well as their remedies, requiring preparations for new arrangements;

-  since 1998 several meetings with the participation of social partners have been held within the context of the studies to modify the regulations for fixing the minimum wages and to consider the required amendments together with the proposals of the TISK.

The Committee recalls that the TISK referred to this issue in the comments received in 1998, the content of which was summarized in the Committee’s previous observation. The Committee notes that the comments of the TISK attached to the Government’s latest report, reiterate in substance the content of the previous one. The Committee requests the Government to report on any progress achieved in relation to the above meetings and on the follow-up of the comments of the TISK.

4.  The TÜRK-IŞ states that the home working system is the most common form of evasion of the protective labour legislation. In this respect the TÜRK-IŞ reiterates that the scope of the Turkish minimum wage legislation should be extended to encompass the above categories of "homeworking trades". The TÜRK‑IŞ also refers to the application of Article 4 of the Convention and states that the supervisory system is not working properly because the number of inspectors is insufficient to control the increasing number of small workplaces and clandestine employment, without effective action of the Government in order to strengthen the supervisory mechanism.

The Committee requests the Government to communicate its observations on the comments made by the TÜRK-IŞ.

The Committee will analyse in detail the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Turkish Confederation of Employers’ Associations (TISK) together with the Government’s reply to them in its next report.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the information contained in the Government’s report as well as the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Confederation of Turkish Employers’ Associations (TISK). The Committee will analyse in detail at its next session the comments of the abovementioned employers’ and workers’ organizations, together with the response of the Government.

The Committee states, however, that the Government’s report does not reply to the questions raised in its previous comments. The Committee, therefore, is bound to reiterate its previous observation, which reads as follows:

The Committee has been commenting on the application in practice of the provisions, and in particular Article 12 of the Convention. It notes that the Government’s report was received on 4 November 1998 with comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ), and by the Confederation of Turkish Employers’ Associations (TISK). The comments from TISK dated 24 June 1998 are in Turkish and would seem to mention the need for tax reform so as to protect wages. The Committee may come back to them at its next session when the complete translation has been available.

The Committee notes that TÜRK-IŞ is of the opinion (i) that wage earners in agriculture, homeworking and in small establishments of artisans and petty tradesmen are not covered by the protective legislation, and (ii) that it has been a widespread practice to delay the payment of wages and other benefits for months, due to the absence of effective sanctions and the reluctance of the victims to take action against the employer because of job insecurity.

Regarding the first point, the Committee recalls that it earlier noted the adoption of Act No. 3528 of 12 April 1989, which extended the scope of the provisions of Labour Act No. 1475, concerning the protection of wages to workers in the agricultural sector and to those in small commercial and artisanal enterprises. It asks the Government to include particular reference to workers in these sectors when supplying information on the application in practice of the Convention.

On the second point concerning the delayed payment of wages, the Committee notes the Government’s indications that wage arrears observed from time to time in some municipalities irrespective of region are the results of imbalance between municipal revenues and expenditure. The Government further refers to the provisions of sections 26 and 99 of the Labour Act on the regular payment of wages and sanctions in case of violation. According to the report, during the calendar year 1997, 134 undertakings were fined by the labour inspectorate under section 26 of the Labour Act, and the total of fines charged amounted to TL208,900,000 for public undertakings, and TL659,200,000 for private undertakings.

The Committee requests the Government to continue to supply, in accordance with Article 16 of the Convention and Part V of the report form, information on the application of the Convention in practice, including information on the numbers of inspections made, infringements of the relevant provisions observed and penalties imposed, as well as any statistics of the amounts of wages due, the length of the delay in payment and the workers affected.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) and the Turkish Confederation of Employer Associations (TISK).

1. The Committee notes that the report of the Government was only received in March 1999, thus after the Committee's session in 1998. The Committee takes note of the indication provided by the Government in this report according to which although the term "home work" is not defined and thus not specifically regulated in the Labour Act, it is assumed that there exists a contract of employment between an employer and an employee working at home and engaged in manufacture and commerce that falls under the scope of the Labour Act and the Regulation on Minimum Wage. The Government also states that the Ministry of Labour and Social Security is empowered in section 6, paragraph (III), of the said Act to decide which works other than those enumerated in the same section are to be classified as industrial or commercial. The Committee therefore trusts that the next report of the Government will state that the legislation has been amended to specifically include "home work" within the works enumerated in the section of the Labour Act referred to.

2. The Committee also notes the information provided by the Government that there are difficulties in supervising home work, that work is recently initiated on home work with a view to determine its practical dimensions and that social partners have been contacted for this purpose. The Committee trusts that the Government will make every effort to ensure in the very near future that the employers and workers concerned are informed of the minimum rates of wages in force, and that wages are not paid at less than these rates in cases where they are applicable (Article 4 of the Convention). Thus, the Committee hopes that the Government will be in a position to supply information with its next report on the organization and working of inspection in relation to home workers (Part III of the report form).

3. The Committee also notes the information supplied by the Government according to which:

-- since 1987 minimum wages are fixed in shorter spans than the two-year term provided by section 33 of the Labour Act No. 1475; from 1 January 1999, minimum wages are fixed on calendar year basis with six-monthly increases;

-- in 1995-96 the Minimum Wage Board concluded that it would be desirable to establish a tripartite commission to study the methods and principles to be applied for fixing the minimum wages, and the adaptation of the relevant regulation in the light of the results of the studies of this commission;

-- programmes for 1996 and 1997 foresaw the identification of methods to be applied for fixing the minimum wages and the problems in the existing structures, as well as their remedies, requiring preparations for new arrangements;

-- since 1998 several meetings with the participation of social partners have been held within the context of the studies to modify the regulations for fixing the minimum wages and to consider the required amendments together with the proposals of the TISK.

The Committee recalls that the TISK referred to this issue in the comments received in 1998, the content of which was summarized in the Committee's previous observation. The Committee notes that the comments of the TISK attached to the Government's latest report, reiterate in substance the content of the previous one. The Committee requests the Government to report on any progress achieved in relation to the above meetings and on the follow-up of the comments of the TISK.

4. The TURK-IS states that the home working system is the most common form of evasion of the protective labour legislation. In this respect the TURK-IS reiterates that the scope of the Turkish minimum wage legislation should be extended to encompass the above categories of "homeworking trades". The TURK-IS also refers to the application of Article 4 of the Convention and states that the supervisory system is not working properly because the number of inspectors is insufficient to control the increasing number of small workplaces and clandestine employment, without effective action of the Government in order to strengthen the supervisory mechanism.

The Committee requests the Government to communicate its observations on the comments made by the TURK-IS.

[The Government is asked to report in detail in 2000.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. However, it notes the new observation made by the Confederation of Turkish Employers' Associations (TISK) concerning the application of the Convention. In its comments, the TISK states that the Minimum Wage Fixing Board is based on a tripartite structure. It also observes, inter alia, that: (i) since 1989, minimum wage in the agricultural sector is the same as that of industrial and services sectors; (ii) although a period of two years is contemplated by the legislation, the Board meets and determines new minimum wages every year; and (iii) the Board has proposed to the Government the establishment of a tripartite committee, which would carry out work on wage-fixing methods and principles in order to adjust the Minimum Wage Regulation accordingly; this Committee has already been established, but its work has not yet been completed. According to the TISK, the entire legislation, including the Minimum Wage Regulation, does not meet with the requirements of the country and that it impedes harmonization with today's economic and social conditions. The TISK believes that the present minimum wage practice encourages particularly the growth of unemployment and informal sector and weakens the power of trade unions. It requests major changes to be made in the legislation in respect of minimum wage practice, minimum wage fixing and revision, and tax burden on minimum wage.

The Committee notes that, although the observation made by the TISK was supplied with the Government's report for Convention No. 99, the Government does not provide any response to this observation. The Committee requests the Government to provide information as regards this observation, as well as in reply to the Committee's previous observation concerning the points below.

The Committee noted the observation made by the Confederation of Turkish Employers' Associations (TISK) concerning the implementation of the minimum wage provisions in the country. The TISK states that the form and application of the minimum wage regulations, which is based on Labour Act No. 1475/71, has nothing contrary to the Convention. However, it makes various requests for changes to be made in the relevant legislation as concerns: (i) the determination of minimum wages by collective bargaining in the establishments covered by collective labour agreements; (ii) the need for redefinition of the minimum wage; (iii) the criteria for minimum wage determination; (iv) the renewal period for minimum wage; (v) the age limit for minimum wage; (vi) the tax burden on minimum wage; (vii) the relationship between legal fines and minimum wage; and (viii) the need for further consultation of employers' and workers' organizations in the framework of the Minimum Wage Fixing Board.

The Committee noted that the reports do not contain the Government's comments in response to this observation. It requests the Government to provide information in this respect.

Homeworkers and domestic workers. The Committee previously requested the Government to indicate the measures taken to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for categories of homeworkers considered to be workers under the terms of the Code of Obligations. It also requested the Government to indicate the measures adopted to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for domestic workers who respond to the criteria set out in Article 1, paragraph 1, of the Convention (absence of arrangements for the effective regulation of wages and the low level of wages).

The Government considered that as the persons under these categories of workers are not covered by Labour Act No. 1475, it is not possible for them to benefit from the minimum wages. Despite being a new form of labour resulting from the developments in technology, on the one hand, and in the labour market, on the other, there is neither any reliable data available to the extent of the practice of such new form of employment nor any legal arrangement regulating them in Turkey. Therefore, the Government has started to study, with an open mind, the measures that can be adopted so as to bring the legislation and related implementation in line with the standards set by the ILO by taking into account all the Committee's comments. Pending the outcome of this undertaking, the Government requested the Committee to postpone taking a stand on this matter.

The Committee notes these indications and requests the Government to provide information concerning this review process so as to bring the legislation and practice for homeworkers and domestic workers into conformity with the Convention.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has been commenting on the application in practice of the provisions, and in particular Article 12 of the Convention. It notes that the Government's report was received on 4 November 1998 with comments made by the Confederation of Turkish Trade Unions (TURK-IS), and by the Confederation of Turkish Employers' Associations (TISK). The comments from TISK dated 24 June 1998 are in Turkish and would seem to mention the need for tax reform so as to protect wages. The Committee may come back to them at its next session when the complete translation has been available.

The Committee notes that TURK-IS is of the opinion (i) that wage-earners in agriculture, home working and in small establishments of artisans and petty tradesmen are not covered by the protective legislation, and (ii) that it has been a widespread practice to delay the payment of wages and other benefits for months, due to the absence of effective sanctions and the reluctance of the victims to take action against the employer because of job insecurity.

Regarding the first point, the Committee recalls that it earlier noted the adoption of Act No. 3528 of 12 April 1989, which extended the scope of the provisions of the Labour Act No. 1475, concerning the protection of wages to workers in the agricultural sector and to those in small commercial and artisanal enterprises. It asks the Government to include particular reference to workers in these sectors when supplying information on the application in practice of the Convention.

On the second point concerning the delayed payment of wages, the Committee notes the Government's indications that wage arrears observed from time to time in some municipalities irrespective of region are the results of imbalance between municipal revenues and expenditure. The Government further refers to the provisions of sections 26 and 99 of the Labour Act on the regular payment of wages and sanctions in case of violation. According to the report, during the calender year 1997, 134 undertakings were fined by the labour inspectorate under section 26 of the Labour Act, and the total of fines charged amounted to TL208,900,000 for public undertakings, and TL659,200,000 for private undertakings.

The Committee requests the Government to continue to supply, in accordance with Article 16 of the Convention and point V of the report form, information on the application of the Convention in practice, including information on the numbers of inspections made, infringements of the relevant provisions observed and penalties imposed, as well as any statistics of the amounts of wages due, the length of the delay in payment and the workers affected.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous observation, and the comments respectively made by the Confederation of Turkish Employers' Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) concerning the application of the Convention in the agricultural and forestry sector.

Article 1 of the Convention. The Committee notes again the Government's indication that the draft Bill on the amendment and the repeal of certain sections of the Labour Act (No. 1475) which provides for the inclusion of agriculture and forestry workers within the scope of the Labour Act, is still under review. It requests the Government to continue to communicate information in this respect, in particular with regard to minimum wage fixing in the agricultural and forestry sector.

Article 3, paragraph 3. In its previous comments concerning association on equal footing of employers and workers in the agriculture sector in the working of the Minimum Wage Fixing Board, the Committee requested the Government to send a copy of the text appointing the present members of this Board, along with other regular members.

The Committee notes the list of the members and alternate members of the Minimum Wage Fixing Board composed of five government representatives, five employers' representatives and five workers' representatives. It also notes the Government's indication that: (i) these employers' and workers' representatives are respectively selected from different branches of activity by the confederation of employers and the confederation of workers that have the highest representation; and (ii) the Board meets with the participation of at least ten members and acts by majority vote at every stage of its deliberations.

In its comments under Convention No. 26, the TISK confirms that the Minimum Wage Fixing Board is based on a tripartite structure. It also states, inter alia, that: (i) since 1989, application of minimum wage in the agricultural sector is the same as that of industrial and services sectors; (ii) although a period of two years is contemplated by the legislation, the Board meets and determines new minimum wages every year; and (iii) the Board has proposed to the Government the establishment of a tripartite committee, which would carry out work on wage-fixing methods and principles in order to adjust the Minimum Wage Regulation accordingly; this Committee has already been established, but its work has not been completed yet. According to the TISK, the entire legislation, including the Minimum Wage Regulation does not meet with the requirements of the country and that it impedes harmonization with today's economic and social conditions. The TISK believes that the present minimum wage practice encourages particularly the growth of unemployment and informal sector and weakens the power of trade unions. It requests major changes to be made in the legislation in respect of minimum wage, minimum wage fixing and revision, and tax burden on minimum wage.

The Committee notes that, although the observation made by the TISK was supplied with the Government's report for Convention No. 99, the Government does not provide any response to these observations. The Committee requests the Government to provide information as regards this observation to be dealt with in the comments made by the Committee concerning the application of Convention No. 26 in the country.

Article 4, paragraph 1, and Article 5, in conjunction with point V of the report form. In its previous comments, the Committee requested the Government to provide information in respect of the observation made by the TURK-IS concerning lack of information, supervision and sanctions with regard to the enforcement of minimum wage rates in the agricultural and forestry sector. This observation has been renewed by the TURK-IS.

In reply to these comments, the Government indicates that section 33 of Labour Act No. 1475 provides that the decisions of the Minimum Wage Board become effective only after their publication in the Official Gazette. Section 9 of the Minimum Wage Regulation also provides that the decisions of the Board become effective after their publication in the Official Gazette and that they are put into force as of the first day of the month following their publication in the Official Gazette. The minimum wages fixed by the Board are disclosed by the Ministry of Labour and Social Security, and immediately spread nationwide by mass media. According to the Government, there exist no deficiencies, as alleged by the TURK-IS, in publicizing the Board's decisions. As regards the supervision of minimum wages in the agriculture and forestry sector, the Government specifies that section 4 of Labour Act No. 1475 provides that labour inspectors of the Ministry of Labour and Social Security carry out general controls at the workplaces or upon complaints. During these inspections, the employers who are found in breach of section 33 of Labour Act No. 1475 are sanctioned to pay an administrative fine in accordance with section 99/B(2) of the same Act. However, the Government states that no statistical data are kept with regard to supervision held in the agricultural sector. It also indicates that the draft Bill to multiply by five the amounts of the fines set out in Labour Act No. 1475 is still on the agenda of the Grand National Assembly.

The Committee hopes that the draft Bill to multiply by five the amounts of the fines set out in Labour Act No. 1475 will be soon adopted and that the Government will send a copy of the relevant text as soon as it is adopted. It also requests the Government to provide information on the results of the inspections carried out, in particular in the agricultural and forestry sector (e.g. the number of the violations reported concerning minimum wage provisions, the sanctions imposed, etc.).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Supervisory machinery and sanctions. The Committee notes from the Government's report that inspections were carried out country-wide and from 1 January 1995 to 30 April 1996 a total of 65 workplaces were found to be in violation of the provisions of article 33 (minimum wages) of Labour Act No. 1475/71 and a total amount of 30,100,000 lira of administrative fines was imposed. In 1996, fines totalling an amount of 51,700,000 lira were imposed on 119 workplaces for the same category of violations.

The Committee requests the Government to continue to supply information on the system of supervision and the sanctions established to ensure compliance with provisions respecting minimum wages, including the total number of workplaces that have been inspected in this respect. It also requests the Government to provide information on the statement in its earlier report that "a Bill to multiply by five the amounts of the fines set out in Act No. 1475 has been included on the agenda of the National Assembly".

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report, due in September 1997, was only received in December 1997, during the Committee's session, but without the observation of the Confederation of Turkish Trade Unions (TURK-IS) which, according to the Government, was attached to the report.

The Committee notes the observation made by the Turkish Confederation of Employers' Associations (TISK) concerning the implementation of the minimum wage provisions in the country. The TISK states that the form and application of the minimum wage regulations, which is based on the Labour Act No. 1475/71, has no aspects that are contrary to the Convention. However, it makes various requests for changes to be made in the relevant legislation as concerns: (i) the determination of minimum wages by collective bargaining in the establishments covered by collective labour agreements; (ii) the need for redefinition of the minimum wage; (iii) the criteria for minimum wage determination; (iv) the renewal period for minimum wage; (v) the age limit for minimum wage; (vi) the tax burden on minimum wage; (vii) the relationship between legal fines and minimum wage; and (viii) the need for further consultation of employers' and workers' organizations in the framework of the Minimum Wage-Fixing Board.

The Committee notes that the report does not contain the Government's comments in response to this observation. It requests the Government to provide information in this respect.

Homeworkers and domestic workers

The Committee previously requested the Government to indicate the measures taken to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for categories of homeworkers considered to be workers under the terms of the Code of Obligations. It also requested the Government to indicate the measures adopted to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for domestic workers who respond to the criteria set out in Article 1, paragraph 1, of the Convention (absence of arrangements for the effective regulation of wages and the low level of wages).

The Government considers that as the persons under these categories of workers are not covered by the Labour Act No. 1475, it is not possible for them to benefit from the minimum wages. Despite being a new form of labour resulting from the developments in technology on the one hand, and in the labour market, on the other, there is neither any reliable data available to the extent of the practice of such new form of employment, nor any legal arrangement regulating them in Turkey. Therefore, the Government has started to study, with an open mind, the measures that can be adopted so as to bring the legislation and related implementation in line with the standards set by the ILO by taking into account all the Committee's comments. Pending the outcome of this undertaking, the Government requests the Committee to postpone taking a stand on this matter.

The Committee notes these indications and requests the Government to provide information concerning this review process so as to bring the legislation and practice for homeworkers and domestic workers into conformity with the Convention.

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the observation made by the Turkish Municipal and General Workers' Union (BELEDIYE-IS, Diyarbakir Department) concerning the application of the Convention in their region, especially in towns which Kurds live in great numbers, where workers of municipalities have not received regular payments for a period of up to three to four years.

The Committee notes the comments of the Government on this issue received during its session. The Government underlines that in the above observation, neither any concrete example of alleged violation is given nor any specific municipality, workplace or trade union member whose rights are violated is referred to, making it impossible for the Government to comment on the matter. It adds that for the same reason, it is impracticable for the competent authorities to initiate an inspection to verify the issue and to react accordingly. According to the Government, the competent authorities nevertheless requested, upon the receipt of the above observation through the ILO, Diyarbakir branch office, to supply particulars in order to make a thorough examination of the case. The Government stresses that, while six inspections were carried out in southern and eastern regions since 1 January 1997 upon complaints of BELEDIYE-IS, none of them was from the Diyarbakir branch. The Government considers that the national legislation concerning the wages and the frequency of its payment is in conformity with the Convention, and that the labour inspectorate acts promptly on any complaints of violations of labour laws.

Regarding the application of Article 12 of the Convention, the Committee noted in the previous observation, in relation to the observation made by the Confederation of Turkish Trade Unions (TURK-IS), the importance, for the effective application of the Convention, of the supervision of the compliance in practice with the national provisions giving effect to it, including appropriate provision and imposition of penalties for infringements. It again requests the Government to supply, in accordance with Article 16 of the Convention and point V of the report form, information on the application of the Convention in practice, with particular reference to the municipalities, the agricultural sector and the small commercial and artisanal enterprises. The Committee asks the Government to provide, in particular, information on the numbers of inspections made, infringements of the relevant provisions observed and penalties imposed.

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government and the observation made by the Confederation of Turkish Trade Unions (TURK-IS) concerning lack of information, supervision and sanctions with regard to the enforcement of minimum wage provisions in the agricultural and forestry sector. It notes that the report does not contain the Government's comments in response to this observation.

Article 1 of the Convention. The Committee noted previously the Government's indication that studies to draft a new Agricultural and Forestry Work Bill were being carried out and that the Bill would be submitted to the Grand National Assembly after consultation with, inter alia, the social partners.

The Committee notes that, according to the Government, the draft law on the amendment and the repeal of certain sections of the Labour Act (No. 1475), providing for the inclusion of agriculture and forestry workers within the scope of the Labour Act is foreseen. The views of the social partners and the relevant ministries are being evaluated by a commission established for this purpose.

The Committee requests the Government to continue to supply information on any development in this regard in so far as it concerns minimum wage fixing in the agricultural and forestry sector.

Article 3, paragraph 3. In its previous comments, the Committee requested the Government to indicate the manner in which employers and workers in the agricultural sector were associated in the working of the Minimum Wage Fixing Board.

The Committee notes that, according to provisional section 4 of Labour Act No. 1475 and section 15 of the Minimum Wage Regulation, representatives from the Ministry of Forestry, the Ministry of Agriculture and Rural Affairs, the Turkish Chamber of Agriculture and the most representative trade union in the field of agriculture and forestry participate in the work of the Minimum Wage Fixing Board, along with the other regular members.

The Committee recalls that, under Article 3, paragraph 3, of the Convention, the employers and workers concerned should take part in the operation of the minimum wage fixing machinery on a basis of complete equality. It requests the Government to send a copy of the text appointing the present members of the Minimum Wage Fixing Board.

Article 4, paragraph 1, and Article 5, in conjunction with point V of the report form. According to TURK-IS, the Government has taken no serious steps to inform the hundreds of thousands of agricultural workers on the minimum wage rates in force. Furthermore, there is no effective supervision, inspection and sanctions for the enforcement of the minimum wage rates in agriculture and this situation is further aggravated by the absence of labour law for agricultural and forestry workers in spite of numerous bills and promises.

The Committee requests the Government to provide information in respect of the above observation. It also requests the Government to supply information on the effect given in practice to the Convention in the agricultural and forestry sector: (i) by supplying the available statistical data on the number and various categories of workers covered by the minimum wage regulations; and (ii) by indicating, for example, the results of the inspections carried out, the violations reported and the sanctions imposed.

In addition, the Committee recalls that in a previous report the Government stated that a Bill to multiply by five the amounts of the fines set out in Act No. 1475 had been included on the agenda of the National Assembly. The Committee asks the Government to supply information on the adoption of the said Bill.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee hopes that the Government will continue in its future reports to supply information on the application in practice of the Convention, in accordance with Article 5, including the number of inspections made, infringements of the minimum wage observed, and the penalties imposed.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report, the information provided orally to the Conference Committee in June 1995 and the ensuing discussions in that Committee. It also notes the observations made by the Turkish Confederation of Employers' Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS).

Homeworkers. The Committee refers to the above comments by the TURK-IS to the effect that homeworkers are excluded from the scope of minimum wage-fixing machinery. It requested the Government to indicate the texts governing the terms and conditions of employment of homeworkers and the measures taken to determine the minimum wages applicable to them.

In its report, the Government recalls that the Labour Act No. 1475 applies to all persons working under an employment contract in return for remuneration in any type of employment, and that the term "contract of employment" is defined not by the above Act, but by the Code of Obligations as an agreement whereby the worker undertakes to perform work, with or without an indication of time, and the employer undertakes to pay remuneration. The Government states that homeworkers who principally perform piece-work are not, by virtue of case-law established by the Supreme Court, covered by Act No. 1475, on the grounds that the work is not performed at the premises of the employer, who is not therefore able to exercise authority and control. The Government also states that, although homeworkers are considered to be workers under the terms of the Code of Obligations, they do not benefit from statutory minimum wages, but do have the right to establish and join occupational organizations to defend their interests and can negotiate the minimum wage rates applicable to them.

The TISK states that the nature of home work is such that it is not possible to apply a minimum wage due to the fact that in Turkey this type of work is not paid at an hourly rate, but at piece-work rates. The TISK also refers to an ILO report on home work (ILC, 82nd Session, Report V(1)) in which emphasis is placed on the difficulties involved in supervising this form of employment. The TISK draws the conclusion that the workers concerned must not be considered as falling within the scope of labour legislation.

In its observations on this matter, the TURK-IS states that there are two categories of homeworkers: those who work at home under the terms of a contract providing for the payment of a wage, who are covered by labour legislation, and those who work at home under the terms of a contract which is not legally a contract of employment, but a contract for services. Although the latter are considered under the law to be self-employed workers, in practice they are regarded as employees, although they are not covered by Act No. 1475 and are not covered by minimum wage rates.

It can be deduced from this detailed information that as to the homeworkers, even though they are considered to be workers under the terms of the Code of Obligations, the existing minimum wage-fixing machinery does not apply to them. In the first place, the Committee recalls that Article 1 of the Convention requires that machinery be created or maintained "whereby minimum rates of wages can be fixed for workers employed in certain of the trades or parts of trades (and in particular in homeworking trades) in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low". The fact that homeworkers, although they might be considered workers under the terms of the Code of Obligations, are excluded from the scope of Act No. 1475, is an additional reason for measures to be taken by the Government to achieve the objective of the Convention. The Government is free to decide upon the means of achieving this aim, subject to holding the consultations provided for by the Convention and respecting the principle of equality of representation of employers and workers. In the second place, the Committee recalls that the method of calculating minimum wage rates, on an hourly or piece-work basis, is not covered by the Convention and that minimum wage rates can be fixed for piece-work rates. With regard to the difficulties of supervising home work, the Committee also recalls that Article 4, paragraph 1, of the Convention provides for the adoption of the necessary measures to ensure that wages are not paid at less than the applicable minimum wage rates.

The Committee requests the Government to indicate the measures which have been taken to ensure the existence of minimum wage-fixing machinery and the effective fixing of minimum wages for categories of homeworkers considered to be workers under the terms of the Code of Obligations.

Domestic workers. The Committee notes the information provided concerning domestic staff working at the residence of the employer, who are not covered by Act No. 1475 and who do not therefore benefit from minimum wages. With reference to the information that it provided above, the Committee requests the Government to indicate the measures which have been adopted to ensure the existence of minimum wage-fixing machinery and the effective fixing of minimum wages for domestic workers who respond to the criteria set out in Article 1, paragraph 1, of the Convention (absence of arrangements for the effective regulation of wages and the low level of wages).

Supervisory machinery. The Committee notes from the Government's report that during the course of 1994 a total of 58 workplaces were inspected under the legislation respecting minimum wages and that fines were imposed to a total amount of lira 27,500,000. The Government states that a Bill to multiply by five the amounts of the fines set out in Act No. 1475 has been included on the agenda on the National Assembly. It also notes the observations of the TURK-IS to the effect that in September 1993 there were a total of 610,127 workplaces registered with the authorities and paying social security contributions in respect of their employees. The TURK-IS considers that there are not enough inspectors and that they do not have sufficient powers to ascertain that the requirements of the Convention are being met.

The Committee requests the Government to supply information on the system of supervision and the sanctions established to ensure compliance with the provisions respecting minimum wages.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the observations made by the Confederation of Trade Unions of Turkey (TURK-IS). TURK-IS points out that homeworkers are excluded from the scope of the Labour Act No. 1475 and the minimum wage fixing machinery, while the Convention clearly covers "home working trades" (Article 1 of the Convention). Recalling that the Government has not replied to its previous direct requests on this question, the Committee again requests the Government to indicate the texts which regulate conditions of homeworkers, and the measures taken to fix the minimum wages for them.

The Committee also notes that, according to TURK-IS, the amount of fine to be imposed in the case of non-payment of the minimum wage is only TL500,000 (about US$15), which is less than a quarter of the monthly minimum wage. It asks the Government to provide information on any measures taken in accordance with Article 4 to ensure the enforcement of the minimum wage.

2. In its previous observation, the Committee noted the observations made by the Turkish Confederation of Employers' Associations (TISK). The TISK stated that the rate of increase of the minimum wage had been above the rate of increase in consumer prices. It also expressed dissatisfaction with the factors taken into account at the latest adjustment of the minimum wage which took effect on 1 August 1992. The Committee would be grateful if the Government would indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery in accordance with Article 3, paragraph 2(2), of the Convention.

[The Government is asked to report in detail by 1 September 1995, at the latest.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report as well as the copies of two court decisions concerning wages, and the comments made by the Confederation of Turkish Trade Unions (TURK-IS).

Regarding the application of Article 12 of the Convention, TURK-IS alleges that, in municipalities and other public sector establishments, wages are not paid regularly, with the amount of wages owed to workers reaching trillions of liras, and that such payments, as those of bonuses and of overtime, among others, are delayed considerably. It refers, in particular, to the inadequacy of the sanctions prescribed for such infringements of the right. TURK-IS also points out the non-application of the Convention to the agricultural sector and small commercial or artisanal enterprises who are not covered by relevant legislation.

As to the first point, the Government admits the existence of some cases in which wages are not paid in time by some municipalities. Regarding the second point, the Government refers to the amendment made to the scope of Labour Act No. 1475 (its extension to the agricultural sector and the small commercial and artisanal enterprises), which the Committee noted in its observation in 1990.

The Committee would emphasize the importance, for the effective application of the Convention, of the supervision of the compliance in practice with the national provisions giving effect to it, including appropriate provision and imposition of penalties for infringements. It requests the Government to supply, in accordance with point V of the report form, information on the application of the Convention in practice, with particular reference to the municipalities mentioned above, and to the agricultural sector and the small commercial and artisanal enterprises. The Committee asks the Government to provide, in particular, information on the numbers of inspections made, infringements of the relevant provisions observed and penalties imposed.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes with interest that the minimum wage rates applicable to all sectors of the economy have been fixed annually since July 1989 by the Minimum Wage Fixing Board.

2. Further to its previous comments, the Committee notes the information concerning domestic services, namely a copy of the relevant part of the Code of Obligations and the summary of verdicts of the High Court of Appeal. It again requests the Government to indicate the texts which regulate work performed at home by members of a family or close relatives involving handicrafts and without any outside help, which is excluded from the scope of Labour Act No. 1475, in virtue of its section 5, paragraph (3).

3. The Committee hopes that the Government will continue to supply information on the effect given in practice to the Convention, in accordance with Article 5.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the observations made by the Turkish Confederation of Employers' Associations (TISK) which were communicated with the Government's report. The TISK states that the rate of increase of the minimum wage has been above the rate of increase in consumer prices. It also expresses dissatisfaction with the factors taken into account at the latest adjustment of the minimum wage which took effect on 1 August 1992. The Committee would be grateful if the Government would indicate the means by which the employers and workers concerned are associated with the operation of the minimum wage-fixing machinery in accordance with Article 3, paragraph 2(2), of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. With reference to the previous comments, the Committee notes the Government's indication that since June 1989 minimum wages have been annually fixed to cover all sectors of the economy, including agriculture, by the Minimum Wage Fixing Board. It would be grateful if the Government would indicate the manner in which employers and workers in the agricultural sector are associated in the working of the Minimum Wage Fixing Board (Article 3, paragraph 3, of the Convention). The Committee also refers to the comments it is making under Convention No. 26, in which it has noted the observations made by the Turkish Confederation of Employers' Associations (TISK) concerning the application of Convention No. 26.

2. The Committee notes the Government's indication, in reply to the previous comments, that studies to draft a new Agricultural and Forestry Work Bill are being carried out and that the Bill will be submitted after consultation, inter alia, with social partners to the Grand National Assembly. The Committee requests the Government to continue supplying information on any development in this regard in so far as it concerns minimum wage fixing in the agricultural and forestry sector.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments concerning Article 4 of the Convention in relation to section 26 of the Labour Act No. 1475, the Committee notes the information supplied by the Government.

Furthermore, the Committee notes the comments made by the Turkish Confederation of Employers' Associations (TISK) on 30 July 1990, which were transmitted with the Government's report, indicating that the provisions of the Convention are applied by the national legislation and that the problems that had been raised have been resolved.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes from the information provided by the Government concerning Convention No. 100 that article 26 of the Labour Act, No. 1475 provides that wages shall be paid in cash, whatever the nature of work, and that payment of wages in kind or "trucking" is prohibited, in conformity with Article 4 of the Convention. The Government adds that payment of wages in kind does not constitute a problem.

The Committee hopes that the Government will indicate in future reports any problems which may arise from the payment of wages in kind.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments, the Committee notes with satisfaction the adoption of Act No. 3528, of 12 April 1989, which extends the scope of the provisions of Labour Act No. 1475, respecting the protection of wages to workers in the agricultural sector and to those in small commercial and artisanal enterprises, and prohibiting the payment of wages in taverns or other similar establishments, and in shops or stores for the retail sale of merchandise, thereby giving effect to the provisions of Articles 2 and 13, paragraph 2, of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in reply to its previous observation and direct requests concerning the comments made by the Turkish Confederation of Employers' Associations (TISK) on the minimum wage-fixing machinery in agriculture, the machinery being a Joint Minimum-Wage Board in which, in addition to a Government representative, an employers' and a workers' representative from the agricultural sector participate. The Committee also notes the new statements by the above Confederation, which were transmitted by the Government with its report (received in October 1989) and with its communication of 4 January 1990. In these statements, the Confederation of Employers' Associations indicates that its previous comments were merely the explanation of the actual legal framework for the fixing of minimum wages in agriculture.

2. Referring to its previous comments the Committee also notes, from the information supplied by the Government, that the Agriculture and Forestry Work Bill, which had been submitted to the competent commission of the Grand National Assembly, was not approved and that it was therefore rejected. The Committee requests the Government to indicate the measures that have been taken for the formulation of a new draft text in this area which would also establish minimum wage-fixing machinery in the sense of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report.

1. The Committee also notes the Government's statement, in reply to its 1985 general observation, in which it indicates that workers in the homeworking trades are not covered by the provisions respecting minimum wages under section 5, paragraph 4, of the Labour Act No. 1475 and that there are no plans in view with the intention of extending this coverage to them. The Committee believes that section 5, paragraph 4, of the Labour Act No. 1475 covers domestic services and that the only workers in the homeworking trades excluded from the scope of the Act are those referred to in paragraph 3 of section 5. The Committee recalls the breadth of the definitions contained in Articles 1 and 2 of the Convention, and it requests the Government to indicate the texts which regulate work in the homeworking trades.

2. The Committee notes that, although there are no precise statistics on the number of workers covered by the minimum wage-fixing machinery, these represent around 10 per cent of the total number of workers. It hopes that the Government will continue to supply information on the effect given in practice to the Convention, in accordance with the provisions of Article 5 of the Convention.