Equal Remuneration Convention, 1951 (No. 100) - Türkiye (Ratification: 1967)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), the Turkish Confederation of Employers’ Associations (TISK), the Confederation of Public Servants Trade Unions (MEMUR-SEN), and the Confederation of Public Employees’ Trade Unions (KESK), transmitted with the Government’s report. The Committee also notes the observations of the KESK received on 31 August 2024 and the reply of the Government received on 12 November 2024.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy for equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee notes the Government’s indication that, following the implementation of the 2016–2021 strategy, the Strategy Document for Roma Citizens (2023–2030) and the Phase I Action Plan (2023–2025) were adopted, which: (1) are built on previous strategies and introduce more comprehensive and measurable targets; (2) include measures to promote the completion of compulsory education by Roma children; and (3) include targeted actions for Roma women, including the improvement of assistance and vocational training programmes (i.e. cash support, prioritized training), the location of Social Solidarity Centres (SODAM) in rural areas where Roma citizen populations concentrate, and the offer of playrooms and nurseries to ensure that women with children can participate in trainings. The Committee asks the Government to provide information on: (i) whether the preparation of the new Strategy Document for 2023–2030 was informed by the results from previous strategies and any other research that was undertaken, including research carried out by ISKUR; (ii) the specific measures adopted in the framework of the strategy to promote equality of opportunity and treatment for Roma people in employment and occupation; and (iii) the measures foreseen to regularly monitor and evaluate the application and efficacy of the Strategy. Recalling its previous comment, the Committee also asks the Government to provide information on the situation of Kurdish women in employment and occupation.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of sex. Access to vocational education, training and employment, and occupational segregation. The Committee notes the Government’s detailed information on policy frameworks to promote equality between men and women in employment and occupation, and in particular that the Twelfth Development Plan (2024–2028) includes measures to ensure equal opportunities in employment, the National Employment Strategy 2024–2028 will focus on developing inclusive employment and combat sex-based discrimination, and the “Women’s Empowerment Strategy Document and Action Plan” 2024–2028 has an Economic section aiming to promote women’s employment. The Government and TISK also inform about various initiatives (capacity-building, research, awareness-raising and tax and social security incentives) to promote women’s entrepreneurship, financial literacy and labour force participation, women’s presence in STEM jobs, and the dismantlement of stereotypes around “women’s” and “men’s” work. The Committee particularly takes note of: (1) projects “Supporting Gender Equality Sensitive Employment Policies” 2019–2024 and “More and Better Jobs for Women Programme” implemented with the ILO; (2) projects to support women’s employment through the provision of childcare services and the professionalization of childminders; (3) the inclusion of a new “Gender Equality” clause in the 2023–2025 Group Collective Labour Agreements, whereby the parties commit to jointly identify the factors that negatively impact women’s presence in working life and to raise awareness among employees and monitor ongoing efforts; and (4) training provided to public servants on the integration of gender-responsive planning into public budgeting. The Committee further notes the statistics provided by the Government of the presence of men and women in diverse occupations, as well as the information on three cases in which the TIHEK identified discrimination based on pregnancy in recruitment processes. The Committee notes that KESK and TÜRK-IS highlight that women continue to work mostly in flexible, precarious, part-time jobs, with low wages and limited social rights and continue to lag behind in career advancement, and that perceptions of what jobs are for men or for women still persist. The Committee encourages the Government to continue taking specific measures to promote the effective access of women to adequate education and vocational training and to formal and paid employment, including by: (i) disseminating information and raising awareness, in cooperation with social partners, about gender stereotypes related to employment and occupation; and (ii) to enable both men and women to reconcile work and family responsibilities. It asks the Government to continue providing information on the impact of the measures taken, particularly on the number of men and women who benefit from the different programmes and the number of men and women in employment by sector and position level.

Article 1(2). Inherent requirements of the job. The Government indicates that, according to the Constitutional Court: (1) Article 7(1)(a) of the Labour Law applies to cases where performing a professional activity requires special skills, physical attributes, graduation from certain schools or specific certifications or knowledge; (2) Article 7(1)(b) applies to cases where employing a person of a specific sex is indispensable for the performance of a professional activity; and (3) these articles are applicable to the extent that differential treatment is suitable, necessary and proportional to its purpose, which needs to be assessed for every specific case. The Government also informs that TIHEK mentions examples in its materials (such as the requirement of men performing searches at the entrance and exit of male correctional facilities), and adopted decisions that considered job offers differentiating “female” or “male” lawyers and trainees to be discriminatory, and the working conditions of security officers in a university to not necessarily require the employment of men exclusively. The Committee takes note of this information. It also notes the examples provided of sectors prohibited to women and refers in this regard to its comments under Article 5 of the Convention.

Article 5. Special measures. Employment restrictions for women. The Government refers to certain professions prohibited to women following Article 72 of the Labour Law No. 4857 (underground and underwater jobs, including mining, cable laying, sewage, and tunnel construction). In this regard, the Committee notes TISK’s observation that women who have graduated from specialized and vocational schools can be employed in the sectors referred to in Article 72 of the Labour Law. The Committee further indicates that the “Regulation on the Working Conditions of Female Workers in Night Shifts” limits the night shift hours to seven and a half hours for women, but that some sectors allow female workers to exceed this limit with written consent. The Committee notes that, while women may be allowed to go beyond the maximum night shift hours with written consent, this continues to treat their participation as an exception rather than a right, and that consent obtained in unequal power or economic conditions may not reflect genuine free choice. The Committee asks the Government to provide information on any measures taken: (i) to repeal the blanket prohibition of certain occupations for women contained in Article 72 of the Labour Law and any proactive measures adopted or envisaged; and (ii) to ensure that women have equal access to opportunities in night shift work, without it being conditioned to their written consent, and that any restrictions for women in this regard are justified strictly on maternity protection.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. The gender pay gap. The Committee notes from the Structure of Earning Survey of 2022 transmitted by the Government that the average monthly gross wage was of 11.233TL for men and 10.961 for women, and that the highest earnings were realized in finance and insurance activities, while the lowest were in accommodation and food service activities, and that the gender pay or earnings gap was in favour of men in all occupational groups. The Committee recalls that occupational gender segregation in which women are typically concentrated in lower-paying jobs or sectors remains one of the main underlying causes of gender wage gaps between men and women. The Committee refers in this regard to its comment above on occupational gender segregation.

Articles 1 to 3. Application of the principle of equal remuneration. Collective bargaining. The Committee takes note of the Government’s indication that Article 26 of Law No. 6356 on Trade Unions and Collective Labour Agreements requires organizations to consider gender equality in their activities, that the Government does not intervene in the collective agreement bargaining processes, and that collective agreements ensure equal treatment of men and women. The Government also informs that awareness-raising activities were carried out in this regard, including the publication of technical guides and the organization of a workshop on the prohibition of discrimination in working life that also addressed gender wage discrimination. The Committee notes TISK’s indication that, by virtue of Law No. 6356, it is a legal obligation for organizations to take measures to eliminate discrimination, particularly regarding wage equality. The Committee asks the Government to provide specific examples of collective agreements that apply the principle of equal remuneration, in particular in relation to collective agreements that establish salary scales.

Article 3. Objective job evaluation. The Committee notes with interest the Government’s indication that the Metal Industry Job Evaluation System (MIDS) ensures a fair and objective assessment and remuneration of jobs in the metal industry. It explains it is a point factor method, whereby jobs are scored based on predetermined criteria in light of the level of education, experience and technical knowledge required, the management, supervision and decision-making responsibilities, the physical and mental effort needed, and the working conditions. Hence, each job is assigned a grade, and a corresponding wage scale is determined. MIDS also compares job descriptions and wage levels that are widely accepted within the sector to maintain standardization in remuneration practices across different companies. The Government further indicates that MIDS plays a significant role in collective bargaining agreements in the sector, and refers to the 2023–2025 group Collective Bargaining Agreement between the Türk Metal Union and the Turkish Employers’ Association of Metal Industries. TISK also provides further information on the implementation of the MIDS. The Committee asks the Government to provide information on the promotion of the application of similar systems for the objective evaluation of jobs in other sectors.

Conventions Nos 100 and 111 – Application in practice

Enforcement. Labour inspection. The Committee notes the Government’s indication that increasing institutional capacity is crucial and, in this context, specific items related to equality and non-discrimination and equal pay between men and women have been introduced in training programmes for the labour inspectorate. The Government also provides updated data: (1) pointing at 53 violations of the “principle of equal treatment” identified by the labour inspection between 2021 and 2014 with a total of 378.000 TL in fines imposed; (2) 101 cases of discrimination related to employment and occupation examined by the TIHEK between 2019 and 2024, including several examples. The Committee asks the Government to continue to provide information on the training provided to the labour inspectorate and other authorities regarding discrimination in employment and occupation and the principle of equal remuneration for work of equal value, as well as on the number of cases examined, the sanctions imposed, and the remedies granted. With a view to better following the application of the Convention, the Committee encourages the Government to take measures to collect disaggregated data on the cases examined based on the type of violation and the ground of discrimination concerned.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Previous comment on Convention No. 111

Previous comment Convention No. 100

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation) together.

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), the Turkish Confederation of Employers’ Associations (TISK), the Confederation of Public Servants Trade Unions (MEMUR-SEN), and the Confederation of Public Employees’ Trade Unions (KESK), transmitted with the Government’s report. The Committee also notes the observations of the KESK received on 31 August 2024 and the Government’s reply.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 and 4. Discrimination based on political opinion. Activities prejudicial to the security of the State. The Committee notes that the Government refers again to the existing legal provisions and provides information about the procedural requirements to issue and enforce arrest decisions, as well as to submit complaints before the Human Rights and Equality Institution of Türkiye (TIHEK) in case of a violation of rights. It also provides data (for the period between June 2021 and May 2024) on the number of cases investigated by the public prosecutor and examined by courts on the application of the Criminal Code and the Anti-Terrorism laws, disaggregated by the defendant’s occupation (i.e. journalists, authors, and columnists). The Committee notes that the KESK points in its observations to the detention of trade unionists and the prevention of peaceful assemblies, including a protest against the Law on Teaching Profession, which its affiliates consider will deepen discrimination among teachers. It also stresses that the criterion of “activities prejudicial to the security of the State” continues to be used as a basis for political discrimination in public employment terminations. The Committee also notes that the United Nations (UN) Human Rights Committee expressed concern at the climate of intimidation and persecution in the country and at reports of prosecution, harassment, intimidation and reprisals against persons perceived as critical of the Government, including human rights defenders, journalists, lawyers and academics (CCPR/C/TUR/CO/2, 28 November 2024, para. 53). The Committee recalls in this regard the 2012 General Survey on the fundamental Conventions, para. 833. The Committee urges the Government to take measures to ensure that the application of the Anti-Terrorism Act and the Penal Code, in cases involving workers, is done in accordance with the Convention and, in particular, that it concerns behaviours that can be considered, on an objective basis, “prejudicial to the security of the State”. In this regard, the Committee also urges the Government to provide detailed information, beyond the charges brought, on the specific actions or conducts for which journalists, writers and publishers are prosecuted under these laws.

Articles 1(1)(a), 2 and 3(d). Discrimination based on political opinion. Public Sector. Archive research, security investigations and oral exams. The Government informs that the Security Investigation and Archive Research Law No. 7315 was enacted in 2021, and that Regulations to Law No. 7315 are under preparation. The Committee notes that, in its observations, KESK stresses that Law No. 7315: (1) mandates archive searches for all persons entering the public sector, therefore ignoring the findings of the Decision No. 30963 (2019) of the Constitutional Court; (2) by requiring security investigations, equates the treatment of public teachers with that of personnel recruited for secret units, armed forces and intelligence units; and (3) archive searches encompass information about candidates’ relatives and on investigations or prosecutions that have yet not been resolved, going beyond the content foreseen by law. The Committee notes the Government’s indication that: (1) Law No. 7315 mandates archive researches and security investigations for those in specific institutions linked to security, defence and law enforcement, as well as for teachers in public institutions and organizations, senior public administrators, and those in services of strategic importance to national security; (2) security investigations include information on any affiliation or contact with terrorist organizations or criminal groups; (3) Evaluation Commissions examine information objectively and issue reasoned assessments; and (4) anyone who considers to be subject to discrimination can present a claim before the TIHEK or access judicial recourse.

The Committee further notes that KESK highlights that, despite the President’s 2023 announcement to abolish interviews in public service recruitment, interviews with questions related to political opinion persist and that they are also used in exams for promotion and title change. It highlights that members of its affiliated unions are often awarded with low interview scores, while those affiliated to confederations close to the Government receive high scores. KESK indicates that most victims do not complain for fear of being barred from future opportunities and that it is necessary to ensure examiners’ impartiality. The Government specifies that civil service exams are required by law and aim to prevent favouritism in recruitment and to ensure objective placement. As regards the recruitment of teachers through the Public Personnel Selection Examination (KPSS), oral examinations are done by officials from all political backgrounds, with pre-prepared questions that concern matters such as educational sciences, general culture, or the ability to comprehend and summarize a topic. The Government informs that the Twelfth Development Plan 2024–2028 foresees a review of the examination system to limit oral exams to cases where required by the nature of the job and to introduce regulations to safeguard the impartiality of examination boards. The Committee asks the Government to take measures to ensure that: (i) archive research, security investigations and oral exams are undertaken in conditions of objectivity and impartiality (for example, mechanisms that exist to monitor, prevent and address possible bias and discrimination in recruitment and promotion); and (ii) that political opinion is only considered where it is necessary in light of the inherent requirements of the job in line with Article 1(2) of the Convention. The Committee hopes that the Government will take the opportunity to do so when reviewing the examination system and when advancing in the adoption of the Regulations to Law No. 7315.

Duties of loyalty, impartiality and neutrality. Recalling the requirements of the Civil Servants Law No. 657, the Government underscores that the duties of loyalty and impartiality align with the principle of non-discrimination and are necessary to avoid actions that could undermine civil servants’ role as neutral public officials. It further adds that the Regulation on Public Officials’ Ethical Behaviour Principles and Application Rules, which complements Law No. 657, establishes an ethical framework for public officials and requires them to refrain from actions that result in a conflict of interest, provide an advantage to any political group or misuse their official position for personal or political gain. The Committee notes KESK’s concerns that members of its affiliated unions were dismissed because they were not considered loyal to the State. In this regard, the Committee recalls the 2012 General Survey on the fundamental Conventions, para. 831. The Committee asks the Government to take measures without delay to limit the restrictions regarding political activities to determined positions, including by adopting a limited list of jobs in the civil service for which political opinion is considered an inherent requirement.

Massive dismissals. Civil servants, teachers and members of the judiciary. The Government reports that the State of Emergency Procedures Inquiry Commission completed its mandate, reinstating 5,972 public servants, and that applicants whose claims were rejected retain the right to appeal before the competent impartial courts. It further indicates that from 2021 to 2024, courts issued 47,253 decisions, 36,472 of which were rejections. The Committee notes from KESK’s observations that: (1) after waiting several years, 84 per cent of the total 127,292 applications before the Commission were rejected; (2) while waiting for the Commission’s decision, workers were prevented from working in the private sector and their ongoing processes were taken into account if their children applied for the public service; and (3) public servants who were reinstated are still subject to security investigations and archive researches. In this regard, the Government specifies that those who have been deemed suitable for reinstatement undergo security investigations due to the period in which they were not on active duty and that the Secretary-General of the Council of Europe, having visited the Commission in 2018, noted that it had clear and straightforward processes and delivered individualized and reasoned decisions. The Committee notes nonetheless that, in 2024, the UN Human Rights Committee expressed concern over reports on the lack of independence of the Commission and the judiciary, lengthy procedures, the absence of sufficiently individualized criteria and of proper means of defence, as well as lack of access to an independent, impartial and effective remedy (CCPR/C/TUR/CO/2, paras 9, 39 and 45). The Committee urges the Government to take measures to ensure that all individuals who had their appeals rejected have their cases reviewed by an independent and impartial judicial body and provide reparation and compensation in cases where the dismissal is found arbitrary.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of sex. Sexual harassment. The Government reiterates the relevant legislative provisions in the Penal Code, Law No. 6701 and the Labour Law, and reports that: (1) one case of sexual harassment was identified by TIHEK following a proactive investigation; (2) between 2021 and 2024, the Criminal prosecutor’s Office investigated approximately 84.000 suspected cases of sexual harassment, of which 35.000 were filed before court and 14.000 led to convictions by criminal courts; and (3) a Legal Support and Victim Services Department was established within the Ministry of Justice. The Committee recalls the need for sexual harassment in employment and occupation to be clearly defined and prohibited in both its forms (quid pro quo – such as blackmailing – and hostile work environment sexual harassment), as well as the need to ensure that the remedies available in case of sexual harassment are not limited to termination of the employment relationship. The Committee also highlights that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law generally does not include the full range of behaviours that constitute sexual harassment in employment and occupation. The Committee notes that TISK highlights that the Group Collective Labour Agreement 2023–2025 includes a new clause on violence and harassment, which provides that the protection of all employees against violence and harassment is a fundamental personal right and that all parties will work towards the promotion of a safe, healthy and decent working environment free from violence and harassment. The Committee therefore asks the Government to, without delay, include in the legislation clear and precise provisions that: (i) define and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation; and (ii) establish appropriate sanctions and safe mechanisms for redress and remedies. The Committee also asks the Government to inform on the measures taken to raise awareness about sexual harassment, including in the framework of the implementation of the Group Collective Labour Agreement 2023-2025, and to indicate whether similar clauses will be included in the agreement that supersedes it.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Application of the principle of equal remuneration. Remuneration system. Family allowances in the civil service. In response to the Committee’s previous request to modify section 203 of the Civil Servants Act, 1965 to ensure that men and women are entitled to family allowances on an equal footing, the Government informs that the rule according to which the allowance is paid to the father if both parents are civil servants aims to simplify bureaucratic processes and to prevent possible oversights in its payment. While taking note of the need to simplify bureaucratic procedures, the Committee notes with regret the lack of progress regarding its requests and recalls that the referenced provision is contrary to the Convention and that alternative measures could be envisaged (such as allowing spouses to indicate who shall receive this allowance). The Committee asks the Government to take the necessary measures without delay so that section 203 of the Civil Servants Act, 1965, is amended to ensure that men and women civil servants are entitled to family allowances on an equal footing.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1, 2(2)(c) and 4 of the Convention. Promotion of equal remuneration for men and women for work of equal value. Training and awareness-raising with the cooperation of the workers’ and employers’ organizations. The Committee notes the Government’s general indication in its report that no discrimination is made between women and men in determining remuneration in collective labour agreements. In this regard, it wishes to recall the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value.The Committee therefore asks the Government to indicate:

• (i)whether effective cooperation between the Government and the social partners has been undertaken to raise awareness and promote a better understanding of the principle of the Convention and the results achieved in the collective bargaining process; and
• (ii)the manner in which it is ensured that, in determining wage rates in collective agreements, the work performed by women is not systematically being undervalued in comparison to that of men who are performing different work and using different skills.

The Committee also requests the Government to provide examples of collective agreements that demonstrate how the principle of equal pay for work of equal value is taken into account.

Article 3. Objective job evaluation. The Committee recalls that “[t]he concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions” (see 2012 General Survey on the fundamental Conventions, paragraph 695). In the absence of information in this regard, the Committee asks the Government to take steps:

• (i)to develop and promote the use of objective job evaluation methods in all sectors; and
• (ii)to ensure that the principle of equal remuneration for men and women for “work of equal value”, and not only for “equal work”, is made an explicit objective of the methods developed.

In addition, the Committee requests the Government to provide updated information on:

• (i)the results of the review of the Metal Industry Job Evaluation System, which was based on the principle of “equal pay for equal work” and referred to by the TİSK, including details on the criteria established and any results obtained in terms of wage adjustments; and
• (ii)any other job evaluation system currently used or being developed in other sectors.

Enforcement. Labour inspection. The Committee notes the general information provided by the Government indicating that 46 violations of the “principle of equal treatment” had been identified and a total of 82.811,00 TL in fines had been imposed for such violations, from 1 June 2017-31 May 2021. The Committee reiterates its request that the Government take the necessary steps :

• (i)to collect and publish information in relation to cases involving the application of the principle of the Convention examined by the Labour Inspectorate and the Human Rights and Equality Institution, indicating the number, nature and outcome of such cases; and
• (ii)to ensure that labour inspectors are provided with specific training to ensure effective enforcement of section 5 of the Labour Law No. 4857 which provides that “[d]ifferential remuneration for similar jobs or for work of equal value is not permissible”.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the observations of the Confederation of Turkish Trade Unions (TÜRK-IS) transmitted by the Government with its report are identical to those communicated with its previous report, which were addressed in the Committee’s 2019 comments.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap. The Committee welcomes the detailed information provided by the Government in its report on the various programmes and projects being implemented, which aim to increase women’s access to employment and addressing vertical and horizontal occupational gender segregation, including the Project of Supporting Employment Policies Sensitive to Gender Equality 2019–22, the Project of Supporting Decent Jobs of the Future Approach with a Gender Equality Focus 2020–23, the Mother at Work Project, and the Project to Support Women’s Access to More and Better Job Opportunities – second phase 2019–22. In this context, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes from the Structure of Earning Survey of 2018 transmitted by the Government that, taking into account the remuneration of women at all education levels, the overall gender pay gap stood at 7.7 per cent in 2018, with the widest gap (28.8 per cent) recorded at the vocational high school level in 2018. The Committee also refers to the report “Measuring the Gender Wage Gap” prepared jointly by the Turkish Statistical Institute (TURKSTAT) and the ILO Office for Türkiye, which shows how and why the gender pay gap varies when alternative sources of data are used. The report provides detailed data on the gender wage gap, including by occupation, sector of the economy, type of economy (private, public, formal, informal) as well as information on the motherhood wage gap. According to this report, the wage gap between women with children, and those without, is 11 per cent; moreover, when comparing the median wage level of mothers to that of fathers, the wage gap rises to 19 per cent. The Committee also notes the indication that the Strategy Document and Action Plan on Women’s Empowerment 2018–23 establishes a number of actions aimed at reducing the existing gender pay gap. The Committee recalls that occupational gender segregation, in which women are typically concentrated in lower paying jobs or sectors remains one of the main underlying causes of gender wage gaps between men and women. Accordingly, the Committee asks the Government to intensify and expand its efforts to effectively address occupational segregation across the labour market, including through tackling gender stereotypes regarding women’s professional aspirations, preferences and capabilities. The Committee asks the Government to provide detailed updated information on: (i) the nature and impact of specific measures taken or envisaged under the Strategy Document and Action Plan on Women’s Empowerment 2018–23, as well as under any other frameworks, to reduce the gender pay gap; and (ii) statistical data on occupation by sector and level of occupation disaggregated by sex and on the gender pay gap, by sector if possible.

Article 1(a). Additional emoluments. Family allowances. Civil Service. The Committee recalls that section 203 of the Civil Servants Act, 1965, provides that family allowances are paid to the father if both parents are civil servants. It notes once again with regret the Government’s indication in its report that no change was made in this regard. Once again, the Committee reiterates that the definition of remuneration in the Convention includes allelements that workers may receive in exchange for their work and arising from their employment, whether paid in cash or in kind, and directly or indirectly by the employer. TheCommittee asks the Government once again to take the necessary measures so that section 203 of the Civil Servants Act, 1965, is amended to ensure that men and women civil servants are entitled to family allowances on an equal footing and to provide information on the progress made to this end. In this regard, the Committee asks the Government to consider the possibility of allowing both spouses to choose who would benefit from such allowances, rather than starting from the principle that they should systematically be paid to the father.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1, 2(2)(c) and 4 of the Convention. Promotion of equal remuneration for men and women workers for work of equal value. Training and awareness-raising with the cooperation of the workers’ and employers’ organizations. The Committee recalls that, according to the Labour Law No. 4857, “[d]ifferential remuneration for similar jobs or for work of equal value is not permissible”. The Committee further recalls that giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important, but not sufficient to achieve the goal of the Convention and that effective measures need to be taken in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value. It further recalls that the application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, including to address new issues and difficulties (see 2012 General Survey on the fundamental Conventions, paragraphs 670–61 and 710). The Committee notes that the Government’s report only refers once again to the Platform for Equity in Business of which 85 leading companies are now members, but does not indicate whether specific awareness and training activities to promote a better understanding of the principle of equal remuneration for men and women for work of equal value as provided for by the Convention and the Labour Law were carried out in collaboration with the social partners. With respect to collective agreements, the Government provides only general information on such agreements and states that there is no discrimination between women and men in determining remunerations in collective agreements. The Committee asks the Government to promote the application of the principle of the Convention in the collective bargaining process, among workers’ and employers’ organizations, and to provide specific information on the manner in which it cooperates with the social partners to give effect to the Convention. It also asks the Government to take specific and effective steps to carry out, in consultation with workers’ and employers’ organizations, activities to promote and raise awareness of the principle of equal remuneration for men and women for work of equal value, including through training, among workers and employers and in cooperation with their organizations. The Committee asks the Government to provide information on the measures taken in this regard as well as extracts of clauses of collective agreements incorporating the principle of equal remuneration for men and women for work of equal value or providing for objective job evaluation.

Labour inspection and enforcement. The Committee notes the Government’s indications regarding the number of employers (38) who have violated the “principle of equal treatment” from 2014 to 31 May 2017 and the amount of administrative penalties imposed. The Committee however notes that it is not possible to determine from the report whether the violations concerned the principle of the Convention or, more generally, the principle of equality. In addition, while noting the general duty of training for labour inspectors mentioned by the Government, the Committee notes that the Government’s report does not contain information specifically concerning equal remuneration for work of equal value. The Committee asks the Government to adopt the necessary measures for the collection and publication of information on the nature and outcome of equal remuneration complaints examined by the labour inspectors or the Human Rights and Equality Institution. It further asks the Government once again to ensure that labour inspectors are effectively aware of the principle of equal remuneration for men and women for work of equal value and receive appropriate training thereon and to provide detailed information in relation to that training.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Turkish Confederation of Employer Associations (TİSK), communicated with the Government’s report. It further notes that the observations made by TİSK were supported by the International Organisation of Employers (IOE) in a communication received on 31 August 2017.

Articles 1 to 3 of the Convention. Women’s employment and job segregation. Gender wage gap. In its previous comments, the Committee asked the Government to take proactive measures to address job segregation and to provide statistics on employment by sector and occupation disaggregated by sex. The Committee notes from the Labour Force Statistics published in March 2019 by the Turkish Statistical Institute that the employment rate of women above the age of 15 years was 29.1 per cent in 2018 and is 28.8 in 2019 (against 65.5 per cent and 62.4 per cent for men, respectively). The Committee notes that the 2016 statistics provided by the Government show both an important occupational gender segregation by sector of activity – horizontal occupational segregation (in 2016, women represented around 24 per cent of the workers in wholesale and retail trade, in transportation and storage, in information and communication, arts, entertainment and recreation, and in manufacturing; and 70.8 per cent of the workers in human health and social work activities and 52.8 per cent in education) and by level of occupation – vertical occupational segregation (in 2016, 15 per cent of the managers were women and they represented 41.2 per cent of workers in the elementary occupations). With respect to public employment, the Committee notes from the statistics provided by the Government that women represented only 37.31 per cent of all public personnel in 2016. The Committee further notes from the statistics provided by the Government that public employment is highly segregated by sex, as women are in a minority in all service classes, except in “Education and Training” (54.44 per cent) and “Health and Auxiliary Health Services” (66.29 per cent). The Committee notes from the information provided in the scope of the Programme “More and Better Jobs for Women” implemented by the ILO with funding from the Swedish International Cooperation Development Agency (SIDA) that the difference in average wages between men and women who are engaged in paid employment is 12.9 per cent overall and, that in sectors where the feminization rate is higher the hourly gender wage gap is also higher (for example, 56.6 per cent in health and 60.5 per cent in care services). The Committee recalls that some of the underlying causes of pay inequality have been identified as the following: horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (General Survey of 2012 on the fundamental Conventions, paragraph 712).

The Committee notes from the TÜRK-IŞ’s observations that differentiation in wages between female and male employees may be explained by the low level of wages in sectors where women commonly work (textile, food, tourism) and the level of women’s education, their literacy rate and their low rate of participation in employment. The Committee notes from the Government’s report that women benefit from vocational training courses, on-the-job and entrepreneurship training programmes organized by the Turkish Employment Agency (ISKUR) and that various programmes, including the Programme “More and Better Jobs Women”, the “Engineer Girls Project”, the “Women Masters Projects” (2016–17) and the Project on “Increasing Access of Women to Economic Activities”, are being or have been implemented to increase employment opportunities and access to qualified employment for women and develop concrete solutions and policies in this regard. The Committee also notes that research and activities have been carried out on the development of childcare to better balance work and family responsibilities. In this respect, the Committee refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In addition, the Committee wishes to stress the importance of regularly monitoring and assessing the results achieved with a view to reviewing and adjusting existing measures and strategies on reducing the gender pay gap. Recalling that occupational segregation, with women in lower paying jobs or sectors, is an underlying cause of remuneration gaps and noting the steps already taken in this regard, the Committee asks the Government to: (i) increase its efforts to address effectively both vertical and horizontal occupational segregation of men and women in the labour market as well as gender stereotypes; (ii) promote the access of women to a wider range of occupations and to higher positions both in the public and the private sectors, including through the development of lifelong learning; and (iii) provide information on the impact of these measures on the employment rate of women and the occupational gender segregation by sector of activity and by level of occupation. The Committee also asks the Government to continue to provide statistics on occupation by sector and level of occupation disaggregated by sex and to provide any recent study or statistics available on the gender pay gap, by sector if possible.

Article 1(a) of the Convention. Additional emoluments. Family allowances. Civil Service. The Committee recalls that section 203 of the Civil Servants Act, 1965, which provides that family allowances are paid to the father if both parents are civil servants, was being reviewed and in previous comments it has requested the Government to ensure that the new provision will adequately take the Convention into consideration and that the decision concerning which of the two parents will receive the family allowances is left to the parents in each case. It notes with regret that the Government indicates that no change was made to this section. The Committee recalls that, in order to ensure the application of the principle of equal remuneration for men and women for work of equal value, the definition of remuneration established by the Convention is to include all elements that workers may receive in exchange for their work and arising from their employment, regardless of whether the employer pays in cash or in kind, and directly or indirectly. The Committee draws the Government’s attention to paragraph 693 of its General Survey of 2012 on the fundamental Conventions in which the possibility of allowing both spouses to choose which of them should receive the family allowances, rather than establishing the principle that they should be paid systematically to the husband. The Committee asks the Government to take the necessary measures so that section 203 of the Civil Servants Act, 1965, is amended with a view to ensuring that men and women civil servants are entitled to family allowances on an equal footing. The Committee asks the Government to provide information on the progress made to this end.

Article 3. Objective job evaluation. The Committee notes the information provided by TİSK describing the Metal Industry Job Evaluation System (MIDS), which has been in use for 35 years, and the current review of this system since it has become insufficient to meet the needs of the enterprises in the sector. In this regard, the Committee notes that, according to TİSK, the MIDS is a system based on the principle of “equal pay for equal work”, which assesses jobs according to 12 different factors under the four main factors (i.e. skill, responsibility, effort and business conditions). The Committee would like to recall that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012, paragraph 673). The Committee asks the Government to continue to take steps to develop and promote the use of objective job evaluation methods in all sectors and to ensure that the principle of equal remuneration for men and women for “work of equal value”, and not only for “equal work”, is made an explicit objective of such an evaluation method. The Committee also asks the Government to provide information on the review of the Metal Industry Job Evaluation System mentioned by TİSK, including details on the criteria and the principle established and any results obtained in terms of wage adjustments, as well as information on any other job evaluation system currently used in other sectors of the economy.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comment, the Committee requested the Government to confirm that the equal pay provisions of the Labour Act (section 5(4)) applied to agricultural and forestry workers and to indicate the manner in which the principle of the Convention applied in practice in these sectors. It further requested the Government to ensure that the equal pay provisions in the draft Civil Aviation Act fully reflected the principle of the Convention. With respect to the agriculture and forestry sectors, the Committee notes the Government’s indication that establishments and enterprises operating in the forestry and agriculture sectors and employing a minimum of 50 employees are subject to the provisions of the Labour Act. Otherwise, the Code of Obligations applies. Section 411 of this Code provides that employers are obliged to pay workers the wage specified in the contract or collective bargaining agreements, or if not provided for, the wage should be the equivalent to the wage paid to their peers, on the condition that it is not less than the minimum wage. The Committee notes, however, that section 111 of the Labour Act provides that “Working conditions, employment contracts, wages and organization work of those employed in activities deemed as agricultural and forestry work shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security”. The Committee requests the Government to provide information on the regulations adopted by the Ministry of Labour and Social Security concerning working conditions and wages in the agricultural and forestry sectors and how it is ensured that section 5(4) of the Labour Act is effectively applied to these sectors. Noting that the Government provides no information on the adoption of the Civil Aviation Act, the Committee requests the Government once again to indicate if the principle of the Convention has been fully taken into account in the Act.

Civil service. In its previous comments the Committee noted that section 203 of the Civil Servants Act – which provides that family allowances are paid to the father if both parents are civil servants – was being examined. The Committee notes that no further information was provided by the Government. The Committee requests the Government to ensure that the new provision will adequately take the Convention into consideration and that the decision concerning which of the two parents will receive the family allowances is left to the parents in each case.

Collaboration with workers’ and employers’ organizations. The Committee notes that, according to the Confederation of Turkish Real Trade Unions (HAK-IŞ), wage differentials do not exist where collective agreements prevail and that the unionization of women should be encouraged. The Committee requests the Government to provide information on how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account when negotiating new collective agreements and to send a copy of any collective agreement that takes into account the principle of the Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s report, as well as the observations from the Turkish Confederation of Employer Associations (TİSK) received on 1 September 2014 which were supported by the International Organisation of Employers (IOE). The Committee also notes the observations from the Confederation of Public Employees Trade Unions (KESK) received on 1 September 2014 and the reply from the Government received on 12 November 2014. Furthermore, the Committee notes the observations from the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Confederation of Turkish Real Trade Unions (HAK-IŞ) and the KESK, as well as of the TİSK, which were attached to the Government’s report.

Job segregation and gender wage gap. The Committee notes that, according to TÜRK-IŞ, employers may be exonerated from applying statutory provisions in certain sectors with a high proportion of women, such as the textile industry, food sector and tourism, where workers are paid “in accordance with the work performed”. TÜRK-IŞ further indicates that, due to lack of education, women occupy unskilled low-paid jobs. The Committee also notes that KESK indicates that flexible and insecure forms of employment are widening the gender wage gap and perpetuating the gender-based division of labour within the family. The Committee also notes that, according to the country profile prepared in 2013 for the use of the European Commission “The current situation of gender equality in Turkey”, the female employment rate between 2002 and 2012 increased from 22.7 per cent to 28.7 per cent. However, horizontal segregation is more pronounced than in the European countries for both sectors and occupations, even though the rate of tertiary education attainment of women in Turkey has increased from 6.6 per cent in 2002 to 10.6 per cent in 2012. According to the study, the figures show a gender-typical distribution of fields of study with most Turkish women being present in health and welfare (61.0 per cent). The Committee further notes that, according to the statistics provided by the Government the wage gap is 19.4 per cent among professionals; 7.4 per cent among technicians and subsidiary professionals; 7.4 per cent among clerks, service and sales workers; 16.6 per cent among craftsmen; and 24.1 per cent among plant and machine operators and assemblers. The Committee requests the Government to ensure that all sectors, including those where women are most represented, apply the legislation in force with respect to wages. The Committee further requests the Government to continue to take proactive measures to address gender job segregation, including through the promotion of women’s studies and vocational training in sectors where men are predominantly occupied in order to increase women’s participation in the labour market. Please provide statistics on men and women’s occupation by sector and occupation disaggregated by sex.

Articles 1 and 4 of the Convention. Equal remuneration for men and women workers for work of equal value. Training and awareness raising with the cooperation of the workers’ and employers’ organizations. In its previous comments, the Committee urged the Government to carry out specific activities to improve understanding and raise awareness of the principle of the Convention. The Committee notes that the Government refers to the establishment of the Platform for Equality at work established in 2013 with the aim of reducing the gender equality gap, with the participation of enterprises. In April 2013, 78 companies became members of the Platform and signed a Declaration of Equality at Work, one of its objectives being “equal pay for equal work”. The Government also refers to the Gender Equality in Working Life Award which has the objective of rewarding enterprises that implement equal pay. The Government also indicates that between 2009 and 2013, 26 training sessions were held. The Committee recalls in this respect that according to section 5(4) of the Labour Act “Differential remuneration for similar jobs or for work of equal value is not permissible” and that is in conformity with the Convention that provides for “equal remuneration for men and women workers for work of equal value”. The Committee recalls that the concept of “work of equal value” which is provided for in section 5(4) of the Labour Act lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality and that it goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee once again urges the Government to carry out, in consultation with workers’ and employers’ organizations, specific activities, to improve understanding and raise awareness of the principle of the Convention. Please ensure that these are not restricted to equal pay for equal work but refer to “work of equal value”, and to provide information thereon.

Article 3. Objective job evaluation. In its previous comment, the Committee noted the information from TİSK on the training and use of objective job evaluation by its affiliates. The Government had also indicated that the draft Turkish Code of Obligations which included provisions regarding the Convention was being discussed by the General Assembly. The Committee notes that the Government’s report contains no new information in this regard. Moreover, TİSK indicates that the work initiated continued throughout 2014. Recalling the importance of developing and implementing objective job evaluation methods to address persistent gender pay gaps, the Committee requests the Government to take specific steps, without delay, to promote such methods as envisaged in Article 3 of the Convention, in the public and the private sectors. The Committee also requests the Government to provide information on any development concerning the draft Turkish Code of Obligations to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of any job evaluation.

Labour inspection and enforcement. The Committee notes that the Government’s report contains no new information in this regard. The Committee stresses once again the fundamental role of labour inspectors in the implementation of the principle of the Convention, as well as of section 5(4) of the Labour Act and highlights in this respect the importance of providing adequate training to labour inspectors. The Committee requests the Government once again to take the necessary measures for the collection and publication of information on the specific nature and outcome of discrimination and equal remuneration complaints examined by the labour inspectors. It further requests the Government to ensure that labour inspectors are aware of the principle of the Convention and to provide information on any measures or activities carried out to address gender equality and especially equal remuneration for work of equal value by the Turkish Human Rights Institution and the Ombudsman Institution recently established.

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

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

The Committee notes the observations of the Turkish Confederation of Employer Associations (TISK).

Legislative developments. The Committee notes that the Act on the Committee on Equal Opportunities for Women and Men entered into force in March 2009. The Committee also notes the Government’s indication that the draft Civil Aviation Act is still pending before the Grand National Assembly and that section 16/5 provides that different wages shall not be paid to women and men flight personnel working in the same quality job with the same efficiency in a workplace, due to discrimination based on gender. The draft Act also provides that section 40 or the provisions of the Labour Act shall apply in the absence of any provision. The Committee once again recalls that the Convention requires that men and women receive equal remuneration not only for the same type of work but also for entirely different work that is nevertheless of equal value, and further that the principle applies beyond the level of the workplace. The Committee urges the Government to take the necessary steps to ensure that the equal pay provisions in the Civil Aviation Act fully reflect the principle of the Convention, and to report on the progress made in this regard.

Scope of application of the Labour Act. The Committee notes the Government’s explanations regarding the annulment of the “Regulation Regarding the Work Conditions of the Employees Working in the Job that is considered to be Among Agriculture and Forestry” (Official Gazette dated 6 April 2004, No. 25425), pursuant to the Regulation published in the Official Gazette dated 9 October 2009, No. 27019, and notes that the Labour Act and the provisions of all the regulations based on the Act shall be enforced with respect to agricultural and forestry workers within the scope of the Labour Act. The Committee asks the Government to confirm that the equal pay provisions of the Labour Act apply to agricultural and forestry workers, and to indicate how the principle of equal remuneration for men and women for work of equal value is applied in practice in these sectors.

Civil service. Noting the Government’s indication that section 203 of the Civil Service Act – which provides that family allowances are paid to the father if both parents are civil servants – is being examined, the Committee hopes that progress will soon be made to bring this provision into conformity with the Convention, and asks the Government to provide information on the progress made in this regard.

Statistical information. The Committee welcomes the detailed statistical data and analysis on wages and earnings in the Structure of Earnings Survey, 2006. The Survey indicates that there was a direct relationship between wage and education for both male and female workers, and that wages increased with education, age and seniority. The data, which covered full-time employees, show that vocational high school graduate male employees received 5.3 per cent more monthly gross wages compared to “all employees” with this educational attainment. Female employees with this educational attainment obtained 23.4 per cent less monthly gross wages compared to “all employees” with the same education. The monthly average gross wages for male employees was higher than that of their female counterparts in all occupational groups except legislators, senior officials and managers. The Committee encourages the Government to collect and analyse detailed statistics disaggregated by sex on the earnings of men and women with a view to assessing the evolution of the gender pay gap since 2006, and to provide information on the progress made in reducing any differences in earnings between men and women.

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

The Committee notes the observations of the Turkish Confederation of Employer Associations (TISK), which were attached to the Government’s report.

Training and awareness raising. On several occasions the Committee has asked the Government to undertake awareness-raising and training activities specifically addressing the principle of equal remuneration for work of equal value, as set out in the Convention and in the Labour Act. The Committee notes that according to the Government, the Prime Ministry Circular on Increasing Women’s Employment and Achieving Equality of Opportunity No. 2010/14 has the objective of strengthening the socio-economic status of women, achieving equality between women and men in social life, increasing the employment of women and ensuring equal wages for men and women. It also creates a National Monitoring and Coordination Committee on Employment of Women. The Government further indicates that the gender equality branch of the General Directorate of Disadvantaged Groups created within the Ministry of Labour and Social Security is responsible for raising awareness regarding measures to promote and apply the principle of equal pay for men and women. While taking due note of the National Action Plan on Gender Equality (2008–13), the above initiatives and structures, as well as the information on activities to promote greater access of women to employment in general, the Committee notes the absence of information on any concrete awareness-raising activities regarding the principle of the Convention. The Committee urges the Government to carry out, in consultation with workers’ and employers’ organizations, specific activities, including activities carried out by the gender equality branch, to improve understanding and raise awareness among relevant target groups, including labour inspectors and judges, of the principle of equal remuneration for men and women for work of equal value, and to report in detail on the progress made in this regard.

Labour inspection. Regarding the ability of the labour inspection services to identify and establish data on the number, nature and outcome of infringements of section 5(4) of the Labour Act with regard to equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that complaints-based investigations comprise the major part of the inspections, for which no classification of violations exist. Hence, data on the number, nature and outcomes of cases addressed by the labour inspectorate under section 5(4) are unavailable. The Committee stresses the need to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and infringements, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms, and asks the Government to take appropriate measures to this end. Recalling that inadequate supervision by the labour administration may be one of the reasons for the persistence of unequal pay between men and women, the Committee asks the Government to take adequate measures to increase the capacity of labour inspectors to prevent, detect and remedy infringements of section 5(4) of the Labour Act.

Article 3 of the Convention. Objective job evaluation. The Committee welcomes the information provided by TISK on the training and use of job evaluation by its affiliates, in particular the information that the Metal Industry Job Classification System (MIDS) was revised in July 2007 to bring it into line with new job structures and that workplace visits and presentations were given to introduce the system during 2008–10. It also notes the information provided by TISK regarding the usefulness of the Occupational Proficiency System for determining remuneration. The Committee further notes the Government’s indication that the draft Turkish Code of Obligations includes provisions regarding the Convention and is being discussed by the General Assembly of the Grand National Assembly. The Committee recalls the importance of developing and implementing objective job evaluation methods to address persistent gender pay gaps, and asks the Government to take specific steps to promote such methods as envisaged in Article 3 of the Convention, in the public and the private sectors. In this context, the Committee also asks the Government to provide specific information on the measures taken, including for example in the context of the draft Turkish Code of Obligations, to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of any job evaluation.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Legislative developments. The Committee noted in its previous comments that the draft Civil Aviation Act provides in section 16 that a woman and a man performing, in a workplace, the same type of work with the same output shall not receive a different salary for reasons of their sex. The Committee recalls that: (1) the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that men and women receive equal remuneration not only for the same type of work, but also for entirely different work that is nevertheless of equal value; and (2) the Convention’s principle also applies beyond the level of the workplace. In its report, the Government merely states that the draft Act is pending before Parliament, without indicating whether section 16 has been brought into conformity with the Convention. The Committee urges the Government to ensure that the equal pay provisions of the draft Civil Aviation Act are brought into conformity with the Convention, and to indicate the measures taken to this end.

Scope of application of the Labour Act. The Committee previously noted that, according to the Government, workers excluded from the scope of the Labour Act pursuant to its section 4 were covered by the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers. In the absence of a reply from the Government to its previous comments on this matter, the Committee once again asks the Government to explain how the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers ensure the application of the principle of equal remuneration for men and women for work of equal value.

Civil service. The Committee recalls that section 203 of the Civil Service Act provides that family allowances are paid to the father if both parents are civil servants. The Committee asks the Government to provide information on the progress made to bring this provision into conformity with the Convention.

Statistical information. The Committee welcomes the detailed statistical information by the Government and asks it to provide similar information in its future reports.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Training and awareness raising. In its previous observation, the Committee asked the Government to provide information on any measures taken to promote awareness and understanding of the principle of equal remuneration for men and women for work of equal value as set out in the Convention and section 5(4) of the Labour Act, among relevant target groups, including labour inspectors. In its report, the Government provides information on a number of activities and projects aimed at the promotion of gender equality more generally and greater access to employment for women. However, the information does not indicate whether any specific activities were undertaken to promote understanding and awareness of the principles of the Convention. In this context, the Committee notes that according to the Confederation of Turkish Trade Unions (TÜRK-IS), inadequate supervision by the labour administration is one of the reasons for unequal pay between men and women. The Committee hopes that the Government, in consultation with the workers’ and employers’ organizations, will carry out training and awareness-raising activities specifically addressing equal remuneration for men and women for work of equal value among relevant target groups, including labour inspectors, and asks it to provide information on the measures taken in this regard.

Labour inspection. The Committee notes the Government’s indication that there is currently no system for classifying infringements identified by the labour inspectorate according to the related provisions of the labour legislation. However, it indicates that a new system is to be established allowing for such a classification. The Committee welcomes this information and hopes that the new system will allow the labour inspectors to establish data on the number, nature and outcome of infringements of section 5(4) with regard to equal remuneration of men and women for work of equal value. The Committee asks the Government to provide information on the number, nature and outcomes of the cases addressed by the labour inspectorate under section 5(4) of the Labour Code, as soon as possible.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government has provided no information in reply to its previous comments on the issue of objective job evaluation. However, it welcomes the information provided by the Turkish Confederation of Employers’ Associations (TISK) on the use of objective job evaluation systems by its affiliates. For instance, the Metal Industry Job Classification System (MIDS) examines jobs on the basis of twelve factors which are classified under four main factors, namely dexterity, responsibility, effort and working conditions. In 2007, the Union of Turkish Metal Industrialists organized seminars for heads of human resources departments in four cities with a view to making the MIDS known, and assessing problems in its application and possible solutions to them. The Committee asks the Government once again to provide information on any steps it is taking to promote objective job evaluation as envisaged in Article 3 of the Convention, both in the private and public sectors, including information on any measures taken to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of job evaluation.

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 2009, published 99th ILC session (2010)

Legislative developments. The Committee noted in its previous comments that the draft Civil Aviation Act provides in section 16 that a woman and a man performing, in a workplace, the same type of work with the same output shall not receive a different salary for reasons of their sex. The Committee recalls that: (1) the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that men and women receive equal remuneration not only for the same type of work, but also for entirely different work that is nevertheless of equal value; and (2) the Convention’s principle also applies beyond the level of the workplace. In its report, the Government merely states that the draft Act is pending before Parliament, without indicating whether section 16 has been brought into conformity with the Convention. The Committee urges the Government to ensure that the equal pay provisions of the draft Civil Aviation Act are brought into conformity with the Convention, and to indicate the measures taken to this end.

Scope of application of the Labour Act. The Committee previously noted that, according to the Government, workers excluded from the scope of the Labour Act pursuant to its section 4 were covered by the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers. In the absence of a reply from the Government to its previous comments on this matter, the Committee once again asks the Government to explain how the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers ensure the application of the principle of equal remuneration for men and women for work of equal value.

Civil service. The Committee recalls that section 203 of the Civil Service Act provides that family allowances are paid to the father if both parents are civil servants. The Committee asks the Government to provide information on the progress made to bring this provision into conformity with the Convention.

Statistical information. The Committee welcomes the detailed statistical information by the Government and asks it to provide similar information in its future reports.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Training and awareness raising. In its previous observation, the Committee asked the Government to provide information on any measures taken to promote awareness and understanding of the principle of equal remuneration for men and women for work of equal value as set out in the Convention and section 5(4) of the Labour Act, among relevant target groups, including labour inspectors. In its report, the Government provides information on a number of activities and projects aimed at the promotion of gender equality more generally and greater access to employment for women. However, the information does not indicate whether any specific activities were undertaken to promote understanding and awareness of the principles of the Convention. In this context, the Committee notes that according to the Confederation of Turkish Trade Unions (TÜRK-IS), inadequate supervision by the labour administration is one of the reasons for unequal pay between men and women. The Committee hopes that the Government, in consultation with the workers’ and employers’ organizations, will carry out training and awareness-raising activities specifically addressing equal remuneration for men and women for work of equal value among relevant target groups, including labour inspectors, and asks it to provide information on the measures taken in this regard.

Labour inspection. The Committee notes the Government’s indication that there is currently no system for classifying infringements identified by the labour inspectorate according to the related provisions of the labour legislation. However, it indicates that a new system is to be established allowing for such a classification. The Committee welcomes this information and hopes that the new system will allow the labour inspectors to establish data on the number, nature and outcome of infringements of section 5(4) with regard to equal remuneration of men and women for work of equal value. The Committee asks the Government to provide information on the number, nature and outcomes of the cases addressed by the labour inspectorate under section 5(4) of the Labour Code, as soon as possible.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government has provided no information in reply to its previous comments on the issue of objective job evaluation. However, it welcomes the information provided by the Turkish Confederation of Employers’ Associations (TISK) on the use of objective job evaluation systems by its affiliates. For instance, the Metal Industry Job Classification System (MIDS) examines jobs on the basis of twelve factors which are classified under four main factors, namely dexterity, responsibility, effort and working conditions. In 2007, the Union of Turkish Metal Industrialists organized seminars for heads of human resources departments in four cities with a view to making the MIDS known, and assessing problems in its application and possible solutions to them. The Committee asks the Government once again to provide information on any steps it is taking to promote objective job evaluation as envisaged in Article 3 of the Convention, both in the private and public sectors, including information on any measures taken to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of job evaluation.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the draft Civil Aviation Act provides in section 16 that a woman and a man performing, in a workplace, the same type of work with the same output shall not receive a different salary for reasons of their sex. The Committee recalls that the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that men and women receive equal remuneration not only for the same type of work, but also for different work that is nevertheless of equal value. The Convention’s principle also applies beyond the level of the workplace. The Committee, therefore, asks the Government to bring the draft Civil Aviation Act into conformity with the Convention.

2. Scope of application of the Labour Act. In its previous comments, the Committee asked the Government to indicate the measures taken in law and in practice to apply the Convention with respect to categories of employment excluded from the scope of the Labour Act, as provided for under section 4. In reply, the Government indicates that the Code of Obligations applies to workers who are not covered by the Labour Act. The report also states that the Ministry of Labour and Social Security has issued a regulation relating to the working conditions of agricultural and forestry workers, as envisaged in section 111 of the Labour Act. Stressing that, under the Convention, the principle of equal remuneration must be applied to all workers, the Committee asks the Government to elaborate further on the manner in which the Code of Obligations and the abovementioned regulation ensure the application of the principle of equal remuneration for women and men for work of equal value.

3. Civil service. Recalling its previous comment concerning the need to ensure that men and women in the civil service receive allowances on an equal basis, the Committee notes the Government’s statement that the efforts to revise section 203 of the Civil Service Act, which provides that family allowances are paid to the father if both parents are civil servants, are still ongoing. The Committee asks the Government to indicate the measures taken or envisaged to ensure that section 203 of the Civil Service Act is brought into line with the principle of equal remuneration for men and women for work of equal value.

4. Objective job evaluation. The Committee notes from the Government’s report that the National Productivity Centre is responsible for carrying out objective job evaluations and that civil service jobs had been evaluated using an analytical method. The Committee asks the Government to continue to provide information on job evaluation in the civil service, including indicating whether such evaluation has led to the adjustment of remuneration for jobs or positions predominantly occupied by women. Please also indicate whether any efforts are being made to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

5. Statistical information. The Committee notes the statistical information provided by the Government indicating the average annual income of men and women in 2003 according to age group. According to this data, women earned more than men in all but three age groups. While appreciating the information provided, the Committee asks the Government to provide more detailed statistical information on the remuneration received by men and women, as far as possible in accordance with the 1998 general observation concerning the present Convention, which sets out the data that should be collected and analysed in order to monitor the impact of the measures taken to promote and ensure equal remuneration for men and women.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. In its previous observation, the Committee noted that section 5(4) of the Labour Act of 22 May 2003 (No. 4857) provides that a lower wage cannot be fixed for the same work or work of equal value on the ground of sex and asked the Government to provide information on the practical application and enforcement of this provision. In its report, the Government confirms that the labour inspectors have the responsibility of monitoring the application of section 5(4) of the Labour Act. However, no cases concerning section 5(4) had been detected through labour inspection so far.

2. The Committee notes that, while appropriate legislation setting out the principle of equal remuneration for men and women for work of equal value is an important means to apply the Convention, it is equally important to ensure that these legal provisions are applied in practice. To this end, it is crucial to undertake training and awareness-raising activities to promote a full understanding of the meaning and implications of the principle of equal remuneration for work of equal value among labour inspectors, judges, public officials responsible for labour and gender equality matters, as well as workers and employers and their organizations. In this context, it is particularly important to emphasize that the principle of the Convention does not only require equal remuneration to be paid to men and women when they perform the same work, but also when they perform different work that is nevertheless of equal value. The Committee draws the Government’s attention to its 2006 general observation which elaborates further on these issues and hopes that it will be used by the Government for training and awareness-raising purposes with a view to further promoting the application of the Convention. The Committee asks the Government to provide information on any measures taken to promote awareness and understanding of the Convention’s principle and section 5(4) of the Labour Act among relevant target groups, including labour inspectors. The Government is also asked to continue to provide information on administrative and judicial decisions involving section 5(4) of the Labour Act.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. Recalling its previous comments concerning the need to ensure the application of the Convention to all workers, including those in atypical employment relationships, the Committee notes that the new Labour Act (No. 4857) of 22 May 2003 covers part-time, fixed-term, and stand-by work. However, the Committee also notes that section 4 of the Act excludes certain activities and types of employment relationships from its scope, including agricultural enterprises of up to 50 employees, homework, domestic services and apprentices (section 4, paragraphs (b), (d), (e), and (f)). The Committee asks the Government to indicate the measures taken, in law and in practice, to apply the Convention in respect to the categories of employment excluded from the scope of the Labour Act.

2. Equal remuneration in the public sector. The Committee recalls its previous comments concerning the need to ensure equal treatment of men and women in respect of the payment of allowances and benefits in the civil service. The Committee notes from the Government’s report that efforts to amend the Civil Service Act, in the light of the recent changes made in the Civil Code regarding gender equality, are still ongoing. The Government is asked to provide information on the progress made in amending the Civil Service Act to ensure equal remuneration, including allowances and benefits, for men and women for work of equal value, and to provide a copy of any amendments adopted.

3. Article 3. Objective job evolution. The Committee asks the Government to provide information on the measures taken to promote the development and use of methods for the objective evaluation of work as a tool to promote the application of the principle of equal remuneration for work of equal value, as established under section 5(4) of the new Labour Act and the Convention.

4. Part V of the report form. Earnings differentials between men and women. The Committee notes that the Government did not provide any statistical information on the earnings of men and women. It recalls that the collection and analysis of statistical data on earnings, disaggregated by sex, is an important tool in progressing the application of the Convention. The Government is asked to indicate the measures taken to collect and analyse statistical data on remuneration, disaggregated by sex, and to supply such data as soon as it becomes available.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 26(4) of Labour Act No. 1474, which provided for equal wages for men and women for work of the same nature with the same output, has been repealed by the new Labour Act of 22 May 2003 (No. 4857). Recalling its previous comments concerning section 26(4) of Act No. 1474, the Committee notes with satisfaction that section 5(4) of the new Labour Act provides that a lower wage cannot be fixed for the same work or work of equal value on the ground of sex, which is in accordance with the Convention. A violation of section 5 constitutes an administrative offence punishable with a fine of 50 million Turkish liras (section 99). The Committee asks the Government to provide information in its future reports on the practical application and enforcement of section 5(4) of the Labour Act. Such information should include indications concerning the measures taken by the labour inspectors to monitor compliance with section 5(4), relevant judicial and administrative decisions and any sanctions imposed for non-compliance.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 15 December 2003, which relates to issues previously raised by the Committee under this Convention. The Committee will further consider the communication together with the Government’s next report and any observation the Government may wish to make in reply.

Further, 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:

The Committee notes the information contained in the Government’s report, as well as the comments on the application of the Convention submitted by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ).

1. The Committee notes with interest that the revised Civil Code (Act No. 4721) which entered into force on 1 January 2002 repeals a number of provisions of the Civil Code of 1926 which had been considered contrary to gender equality. With reference to its previous comments on discrimination in the payment of certain benefits to public servants for reasons which are linked to their gender, the Committee notes that under the new Civil Code equality of spouses has been established, including in respect to representing the conjugal community in legal matters. The Committee notes the Government’s statement that the legal basis for discriminatory payment of certain benefits to the husband, such as family allowances, no longer exists and that work was under way to reflect these changes in the Civil Service Act No. 657. The Committee asks the Government to keep it informed of the progress made in this regard and to provide a copy of any amendments to the Civil Service Act to ensure equal remuneration, including allowances, of men and women in the civil service in accordance with the Convention. Noting that the Turkish Confederation of Employers’ Associations (TISK) expects that the establishment of equality of spouses will have a favourable effect on the application of the Convention in practice, the Committee invites the Government to provide information, more generally, on the impact of the new equality provisions on the enjoyment of men and women of equality of opportunity and treatment in employment and occupation under Convention No. 111.

2. The Committee notes that TISK refers to section 6, paragraph 4, of the Labour Act No. 1474 which provides for equal wages for men and women for "work of the same nature with the same output". According to TISK this provision did not quite reflect the principle of "equal remuneration for work of equal value" and that it would be appropriate if the provision in question would be brought into line with the wording of the Convention. The Committee notes the Government’s view that for the purpose of the implementation of the Convention there was no substantial difference between the terms "work of equal nature" and "work of equal value". However, the Committee considers that the meaning of "work of the same nature with the same output" and the principle of "equal remuneration for work of equal value" are not identical, having different connotations, and that in practice interpretations of the two concepts may well differ. The Committee believes that formally reflecting the principle of equal remuneration for men and women for work of equal value in the Labour Act would positively contribute to the application of the Convention and encourages the Government to undertake further consideration in this regard, in close cooperation with the social partners.

3. Recalling its previous comments concerning the application of the Convention to all workers, including self-employed workers, the Committee notes from the Government’s report that no legislative amendment respecting atypical work, such as homework, as envisaged by the Eighth Five-Year Development Plan, has yet been adopted. The Committee hopes that any future legislation on atypical work will incorporate the principle of equal remuneration of men and women for work of equal value and asks the Government to provide copies of any amendments made. Please also provide information on any other measures taken in the context of the current Five-Year Development Plan aiming at the reduction of wage inequalities.

4. With reference to its previous comments, the Committee thanks the Government for providing statistical information on the employment of women and men according to occupational groups, economic activity, educational status, and actual hours worked. The Committee notes that in 2001, 61 per cent of all employed women were engaged in the occupational group of agricultural workers, while only 0.8 per cent were employed in the category of "administrative, executive and managerial workers". In comparison, some 30 per cent of all employed men were engaged in agricultural occupations, while some 3.3 per cent were in administrative, executive and managerial occupations. Among the persons being employed in the latter category, only 8 per cent were women. The data concerning the participation of men and women in the various fields of economic activities likewise reveals a very high degree of concentration of women in agriculture. The Committee recalls that horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women and requests the Government to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities). The Government is also asked to continue to provide statistical information on the participation of men and women in employment, including, if available, data on average hourly earnings of men and women in the different occupational groups and sectors of economic activity. Please also provide statistical information on the participation of men and women in employment at the various levels of the civil service.

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

The Committee notes the information contained in the Government’s report, as well as the comments on the application of the Convention submitted by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ).

1. The Committee notes with interest that the revised Civil Code (Act No. 4721) which entered into force on 1 January 2002 repeals a number of provisions of the Civil Code of 1926 which had been considered contrary to gender equality. With reference to its previous comments on discrimination in the payment of certain benefits to public servants for reasons which are linked to their gender, the Committee notes that under the new Civil Code equality of spouses has been established, including in respect to representing the conjugal community in legal matters. The Committee notes the Government’s statement that the legal basis for discriminatory payment of certain benefits to the husband, such as family allowances, no longer exists and that work was under way to reflect these changes in the Civil Service Act No. 657. The Committee asks the Government to keep it informed of the progress made in this regard and to provide a copy of any amendments to the Civil Service Act to ensure equal remuneration, including allowances, of men and women in the civil service in accordance with the Convention. Noting that TISK expects that the establishment of equality of spouses will have a favourable effect on the application of the Convention in practice, the Committee invites the Government to provide information, more generally, on the impact of the new equality provisions on the enjoyment of men and women of equality of opportunity and treatment in employment and occupation under Convention No. 111.

2. The Committee notes that TISK refers to section 6, paragraph 4, of the Labour Act No. 1474 which provides for equal wages for men and women for "work of the same nature with the same output". According to TISK this provision did not quite reflect the principle of "equal remuneration for work of equal value" and that it would be appropriate if the provision in question would be brought into line with the wording of the Convention. The Committee notes the Government’s view that for the purpose of the implementation of the Convention there was no substantial difference between the terms "work of equal nature" and "work of equal value". However, the Committee considers that the meaning of "work of the same nature with the same output" and the principle of "equal remuneration for work of equal value" are not identical, having different connotations, and that in practice interpretations of the two concepts may well differ. The Committee believes that formally reflecting the principle of equal remuneration for men and women for work of equal value in the Labour Act would positively contribute to the application of the Convention and encourages the Government to undertake further consideration in this regard, in close cooperation with the social partners.

3. Recalling its previous comments concerning the application of the Convention to all workers, including self-employed workers, the Committee notes from the Government’s report that no legislative amendment respecting atypical work, such as home work, as envisaged by the Eighth Five-Year Development Plan, has yet been adopted. The Committee hopes that any future legislation on atypical work will incorporate the principle of equal remuneration of men and women for work of equal value and asks the Government to provide copies of any amendments made. Please also provide information on any other measures taken in the context of the current Five-Year Development Plan aiming at the reduction of wage inequalities.

4. With reference to its previous comments, the Committee thanks the Government for providing statistical information on the employment of women and men according to occupational groups, economic activity, educational status, and actual hours worked. The Committee notes that in 2001, 61 per cent of all employed women were engaged in the occupational group of agricultural workers, while only 0.8 per cent were employed in the category of "administrative, executive and managerial workers". In comparison, some 30 per cent of all employed men were engaged in agricultural occupations, while some 3.3 per cent were in administrative, executive and managerial occupations. Among the persons being employed in the latter category, only 8 per cent were women. The data concerning the participation of men and women in the various fields of economic activities likewise reveals a very high degree of concentration of women in agriculture. The Committee recalls that horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women and requests the Government to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities). The Government is also asked to continue to provide statistical information on the participation of men and women in employment, including, if available, data on average hourly earnings of men and women in the different occupational groups and sectors of economic activity. Please also provide statistical information on the participation of men and women in employment at the various levels of the civil service.

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

The Committee notes the information contained in the Government’s report, as well as the comments on the application of the Convention submitted by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS) confirming the application of the Convention by constitutional and legislative provisions.

1. The Committee notes the comments made by TISK that the collective agreements which it concludes provide that men and women workers shall obtain equal remuneration for work of equal value as regards both wages and social benefits. It further notes TISK’s comments that the legislation should be amended to establish the principle of equal pay for work of equal value and that the Government should also provide copies of the statistical information compiled by the State Statistical Institute and the Ministry of Labour and Social Affairs on men and women workers, disaggregated according to branch of activity, level of training, occupational category, seniority, age group and actual hours worked. Recalling its previous requests for information, the Committee would be grateful if the Government would provide the available statistical information with its next report in order to enable it to assess the application in practice of the principle set out in the Convention.

2. The Committee recalls its previous requests for information on the measures taken, within the context of the various five-year development plans, to reduce wage inequalities between men and women workers, as well as its suggestion that the Government should take the opportunity to ensure the application of the principle of equal pay for men and women in the implementation of the recommendations in the Seventh Five-Year Development Plan to reduce wage inequalities. In this respect, and further to its previous comments on the application of the Convention to self-employed workers, the Committee notes the Government’s statement that the Eighth Five-Year Development Plan (published on 5 July 2000 in the Official Journal) includes the amendment of the legislation respecting atypical work, such as home work. Recalling that the provisions of Article 2, paragraph 1, of the Convention provide for the application to all workers of the principle of equal remuneration for men and women workers for work of equal value, the Committee asks the Government to provide copies of the amended legislation in its next report.

3. Recalling its previous comments on discrimination in the payment of certain benefits to public servants for reasons which are linked to their gender, the Committee notes the Government’s statement that these inequalities are based on regulations in civil law, that the preparatory work to amend this legislation has been completed and that a bill was presented by the Government to Parliament in December 1999, which will nullify the discriminatory provisions to which the Committee has made reference. The Committee hopes that this bill will be adopted soon and that a copy will be provided with the next report.

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

The Committee notes the information supplied by the Government. It also notes new comments on the application of the Convention submitted by the Turkish Federation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS) which reiterate to a large extent the comments from previous years.

1. In previous direct requests, the Committee had noted the comments made by TÜRK-IS that in the public sector, employees who may hold different status ó namely "workers", "civil servants" or "contract personnel" -- carry out exactly the same work, but enjoy completely different rights, freedoms and remuneration. The Committee notes that TÜRK-IS again raises this point while TISK maintains its comments confirming the application of the Convention by constitutional and legislative provisions. The Committee notes the Government's reply that the remuneration system of Turkish public employees, although completely free of gender bias, is nevertheless considered as an area which should be tackled. The Government refers in this regard to the proposed recommendations included under the Seventh Five-Year Development Plan to render the public service more efficient and to reduce wage inequality in the public sector. The Committee wishes to recall that the Convention only enshrines the principle of equal remuneration on the basis of sex and not on the basis of a worker's contractual status. Nevertheless, the Committee has also pointed out on several occasions that efforts to improve and rationalize the wage system in general implicitly facilitate the application of the principle of equal remuneration for men and women for work of equal value. While maintaining its opinion that the fact that the abovementioned groups in the public service receive differing remuneration is not relevant in the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to seize the opportunity to ensure the application of the principle of equal pay for women and men in the implementation of the recommendations in the Seventh Five-Year Development Plan to reduce wage inequalities in the public sector, and to keep it informed of any developments in this regard.

2. Further to its previous comments on the discriminatory payment of certain components of remuneration to a public servant which are linked to sex, the Committee notes the government statement that the Draft Bill on Financial and Social Rights and Benefits of Civil Servants and Other Public Employees prepared by the State Personnel Department stipulates that each component of a benefit will be split between husband and wife equally, when both are civil servants. The Committee welcomes this provision and trusts that the new Bill will take into account the comments raised in its previous direct request on the systematic use of gender-neutral language, not prejudging the sex of the workers concerned, and looks forward to receiving a copy of the Bill, upon adoption.

3. As regards the application of the Convention to self-employed workers, the Committee notes the government statement that "dependent self-employment" in the context of the Committee's definition (referred to in its previous direct request) is experienced in Turkey only for home work mainly carried out by women. The Government further states that according to 1997 statistics there are 117,000 women homeworkers of a total of 5.5 million working women, and that, therefore, there is no urgent need to initiate a campaign promoting the application of the principle of the Convention for this category of workers. The Committee wishes to recall that the provisions of Article 2, paragraph 1, of the Convention provide for application to all workers the principle of equal remuneration for men and women workers for work of equal value, and requests the Government to indicate any measures taken or contemplated, in addition to promotional campaigns, to ensure that this category of workers is not excluded from the benefits of the Convention.

4. The Committee further wishes to draw the Government's attention to the need to provide sufficient information to enable the Committee to assess the implementation of the Convention in practice, and refers in this regard to its general observation of 1998 on this Convention. In this connection, the Committee notes from the Government's periodical report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), the efforts undertaken by the Government to improve, in general, the educational and employment opportunities for women. The Committee refers in this regard to its comments made under Convention No. 111, and wishes to underline the importance of such measures to facilitate the application of the provisions of the Convention. It also requests the Government to provide information on how the application of the principle of equal remuneration for men and women for work of equal value is promoted in the private sector, and the measures taken to cooperate with employers' and workers' organizations for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government, including the fact that the job evaluation exercise in the public sector is still in progress and that it will communicate the results as soon as it is finalized. It also notes the comments on the application of the Convention submitted by the Turkish Federation of Employer Associations (TISK) which confirm the application of the Convention by constitutional and legislative provisions, and by the Confederation of Turkish Trade Unions (TURK-IS).

1. In its previous direct request, the Committee requested the Government to supply full information on the issue raised by TURK-IS in its communication of 4 July 1994, that in the public sector employees who may hold different status - namely, "workers", "civil servants" or "contract personnel" - carry out exactly the same work, but enjoy completely different rights, freedoms and remuneration. The new comments from TURK-IS reiterate this point while, in its report, the Government points out that the Convention deals with discrimination on the basis of sex. The Committee also reminds TURK-IS that the Convention enshrines the principle of equal remuneration regardless of the sex of the worker and not of his or her contractual status. Noting that there is no suggestion that either of the above-mentioned groups consists exclusively or largely of women, compared to the others, the Committee is of the opinion that the fact that in the public sector "workers", "civil servants" or "contract personnel" receive differing remuneration is not relevant in the application of the principle of equal remuneration for men and women for work of equal value.

2. In its previous comments, the Committee drew the Government's attention to the discriminatory effect of the fact that payment of certain components of remuneration to a public servant is linked to sex (family benefits and child allowances are systematically paid to the husband when the husband and wife are both public servants). From a reading of the Government's report, the Committee notes that this is always the case despite affirmations to the contrary by the Government. In fact, it would appear that for the competent public authorities it is a matter of avoiding double payment of family benefits, child allowances, housing allowances, etc. where both members of a couple are public servants. In these circumstances, the Committee suggests that the Government consider amending the relevant instruments so that when both members of the couple are public servants, only one of them shall receive family benefits, child allowances, housing allowances, etc., and therefore leaving it to the couple to decide which of them shall be paid the allowances. The Committee also notes that benefits for dependent children are paid to divorced or widowed female public servants for children in their custody. It trusts that the same applies where the public servant who has custody of dependent children is a divorced or widowed man. At a more general level, the Committee's view is that the systematic use of neutral language, not prejudging the sex of the worker concerned, would allow such discrimination to be avoided (in this respect, see paragraph 240 of the 1986 General Survey on equal remuneration). The Committee therefore requests the Government to provide information on the measures taken or contemplated in order to ensure that no discrimination based on the sex of a public servant occurs in payment of these benefits.

3. Noting the Government's statement that in Turkey self-employed workers are not covered by the principle of the Convention, the Committee stresses that the principle of equal remuneration enshrined in the Convention applies to all workers without exception (see paragraph 18 of the above-mentioned General Survey). The Committee considers that a distinction should be made here between, on the one hand, the self-employed individual who engages in entrepreneurial activities generating profits from an independent economic activity, and, on the other hand, individuals who are economically dependent upon a particular source for their income and who are thus not genuinely "self-employed". Recalling also that in its general observation of 1992, it drew attention to the fact that the provisions of Article 2, paragraph 1, of the Convention provide for application to all workers of the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to inform it of any measures taken or contemplated, for example, through campaigns promoting the principle of equality of remuneration, to ensure that this category of workers is not excluded from the benefits of the Convention.

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

The Committee notes that, in a communication of 4 July 1994, the Confederation of Turkish Trade Unions (TURK-IS) states that in the public sector employees who may hold different status - namely, "workers", "civil servants" or "contract personnel" - undertake exactly the same work, but enjoy completely different rights, freedoms and remuneration. The Government was invited, by a letter dated 8 August 1994, to make such comments as it might see fit on this matter. Noting that no reply has been supplied in this connection, the Committee requests the Government to provide, with its next report, full information on this matter in so far as it concerns the application of the principle of equal remuneration for men and women for work of equal value.

The Committee notes in the meantime that the points outstanding in its previous direct request concerned the following:

1. In its previous comments, the Committee had asked for information on the measures taken to ensure that all remuneration above the basic or minimum wage was paid without discrimination on the basis of sex. The Committee had noted that, in practice, various benefits and bonuses were paid regardless of the sex of the workers, but nevertheless asked the Government eventually to consider ensuring through legislation the application of the principle of equal pay to all payments, benefits and bonuses. It notes from the current report that the Government repeats that section 26 of the Labour Act No. 1475 provides for equal remuneration for equal output by men and women and that Act No. 657 on conditions of employment in the public service, while not specifically prohibiting wage discrimination on the ground of sex, ensures that men and women public officials holding the same posts with equal grades will be paid the same cash remuneration. The Committee again expresses the hope that, in accordance with the broad definition of "remuneration" contained in the Convention and explained in paragraphs 14 to 16 of the Committee's 1986 General Survey on Equal Remuneration, the Government will give further consideration to enshrining this in the legislation at an opportune time.

2. Regarding its past comments on the measures taken to promote objective job evaluation, the Committee notes that, according to the report, such appraisal is used in the secondary sector but no statistics are available on its application. The Committee observes that a job evaluation exercise covering government departments and state enterprises is currently under way with a view to administering salaries and that the Government will inform the Committee of its results once available. The Committee looks forward to receiving a copy of the outcome of this public sector job evaluation, in particular: (i) data on the applicable wage scales and the number of men and women employed at the various levels of responsibility; and (ii) statistics, if available, on the actual level of pay received by men and by women in this sector.

3. The Committee notes that the Government reported, in September 1992, to the Fifth Session of the ILO Joint Committee on the Public Service that "No pay differentials exist in the public service to the detriment of women. However, family benefits and child allowances are paid to the husband if both couples (sic) are public servants." The Committee refers the Government to paragraphs 86, 210 and 211 of its 1986 General Survey on Equal Remuneration where the Committee examined the discriminatory effects of granting certain elements of the remuneration package to public servants of one sex and not to the other. The Committee asks the Government to inform it of any measures taken or contemplated to ensure that there is no discrimination based on the sex of the public servant in the granting of those benefits and allowances.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring to its earlier direct requests, the Committee notes the information contained in the Government's report and the attached documentation in reply to certain points raised previously.

1. In its previous comments, the Committee had asked for information on the measures taken to ensure that all remuneration above the basic or minimum wage was paid without discrimination on the basis of sex. The Committee had noted that, in practice, various benefits and bonuses were paid regardless of the sex of the workers, but nevertheless asked the Government eventually to consider ensuring through legislation the application of the principle of equal pay to all payments, benefits and bonuses. It notes from the current report that the Government repeats that section 26 of the Labour Act No. 1475 provides for equal remuneration for equal output by men and women and that Act No. 657 on conditions of employment in the public service, while not specifically prohibiting wage discrimination on the ground of sex, ensures that men and women public officials holding the same posts with equal grades will be paid the same cash remuneration. The Committee again expresses the hope that, in accordance with the broad definition of "remuneration" contained in the Convention and explained in paragraphs 14 to 16 of the Committee's 1986 General Survey on Equal Remuneration, the Government will give further consideration to enshrining this in the legislation at an opportune time.

2. Regarding its past comments on the measures taken to promote objective job evaluation, the Committee notes that, according to the report, such appraisal is used in the secondary sector but no statistics are available on its application. The Committee observes that a job evaluation exercise covering government departments and state enterprises is currently under way with a view to administering salaries and that the Government will inform the Committee of its results once available. The Committee looks forward to receiving a copy of the outcome of this public sector job evaluation, in particular (i) data on the applicable wage scales and the number of men and women employed at the various levels of responsibility; and (ii) statistics, if available, on the actual level of pay received by men and by women in this sector.

3. The Committee notes that the Government reported, in September 1992, to the Fifth Session of the ILO Joint Committee on the Public Service that "No pay differentials exist in the public service to the detriment of women. However, family benefits and child allowances are paid to the husband if both couples (sic) are public servants." The Committee refers the Government to paragraphs 86, 210 and 211 of its 1986 General Survey on Equal Remuneration where the Committee examined the discriminatory effects of granting certain elements of the remuneration package to public servants of one sex and not to the other. The Committee asks the Government to inform it of any measures taken or contemplated to ensure that there is no discrimination based on the sex of the public servant in the granting of those benefits and allowances.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report and the comments made by the Turkish Confederation of Employer Associations (TISK).

1. In its previous comments, the Committee sought information on the measures taken to ensure that all remuneration above the basic or minimum wage was paid without discrimination on the basis of sex. The Committee notes from the report that supplementary emoluments paid in addition to basic wages covered by the Labour Act No. 1475 (section 26(4)) are also legally guaranteed within the scope of provisions laid down in Act No. 2822 respecting collective labour agreements, strikes and lockouts (5 May 1983). In this regard, the Committee also notes the statement of the Turkish Confederation of Employer Associations that there is no differentiation on the basis of sex in the wage increments included in collective agreements; and that job evaluation has become common, in recent years, as the means of determining the basic wages and wage increments applying in collective agreements. The Committee has also noted the texts of the collective agreements provided by the Government (viz. agreement between the Pamuk Bank and the Bank Insurance Workers' Union 1991 and the agreement between the Turkish Knitting and Clothing Industry Workers' Unions and the Employers' Association of Turkish Textile Industries 1991) which provide for a range of benefits and bonuses, without distinction as to sex.

The Committee hopes that the Government will, nevertheless, bear in mind the possibility of ensuring legislatively that all payments, benefits and bonuses be granted or awarded without distinction as to sex; and suggests that further consideration might be given to this matter in the context of any forthcoming assistance provided by the International Labour Office.

2. The Committee has noted the information supplied by the Government and the TISK in response to the Committee's request for details on the measures taken to promote the objective appraisal of jobs, the methods used, and the extent to which those measures have brought about an effective application of the Convention. The Committee recalls that it had sought this information in order to clarify the practical application of section 26(4) of the Labour Act, under which equal wages without any distinction on the grounds of sex are paid to male and female workers who perform work of the "same nature" and attain the "same output". According to the report, Governmental policy dictates that emphasis is to be placed on job evaluation in wage determination not only for achieving equity but for developing manpower productivity and qualifications and for creating a competitive climate favourable to an output growth. Bonuses will be granted to labourers in proportion to the production increases. In addition, steps will be taken to base the wage systems in collective agreements on such techniques as productivity, job evaluation and qualification appraisal. The Government states that, to this end, the principle of "equal pay for equal work" will be applied in combination with the tenet "equal pay for equal productive labour" which encompasses the productivity and qualification assessments. The Government also points out that the National Productivity Centre has carried out numerous job evaluations in both the private and public sectors, using a points-rating system and that a number of other organisations can also perform such evaluations in line with the Governments' policies. The comments communicated by the TISK state that it is an objective laid out in the Sixth Five-Year Development Plan 1990-94 for all branches of industry to use job description and job evaluation as a basis for their wage systems. The Committee also notes from the Government's report that while the principle of job evaluation is commonly accepted, a lack of knowledge and understanding at the administrative levels of the public and private enterprises and the lack of interest of trade unions are the most usual difficulties encountered. The Committee requests the Government to continue to supply information on the extent to which job evaluation is used as a means to differentiate wages and to indicate whether, in addition to providing a basis for setting wages in a particular enterprise or industry, job evaluation has also been used to determine whether the principle of equal pay for work of equal value between men and women is in fact being applied in enterprises or industries employing a significant number of women.

Referring to paragraph 5 below, the Committee hopes that the Government will also bear in mind the desirability of ensuring full legislative conformity with the principle of the Convention; and requests that further consideration be given to this issue during the course of activities undertaken by the Office to assist the Government to overcome difficulties concerning the application of the Convention.

3. The Committee notes from the report of the Government that statistical data concerning women is unavailable. Referring to its 1990 general observation in which it expressed the hope that governments, employers' and workers' organisations would endeavour to collect and analyse data on earnings and related factors in order to document fully the nature and extent of existing inequalities, the Committee urges the Government to take all measures to ensure that such information will soon be available.

4. The Committee has also noted from the report that despite a considerable increase in the labour force participation rate of women, they are still in a particularly disadvantaged position in the labour market, in that they are concentrated in a narrow range of occupations at the bottom of the job hierarchy with low levels of education, training, productivity and pay. The Committee has taken note of the measures related to the occupational promotion of women, including the priority given by the Government to various programmes in the Sixth Five-Year Development Plan and the 1991 Annual Development Programme. It has also noted with interest that a General Directorate of Women's Status and Problems has been established. (Government Decree No. KHK/422 of 19/4/91; Official Gazette No. 20498 of 20/4/91, Annex 6). The Committee requests the Government to provide information concerning the activities of this Directorate in relation to the application of the principle of equal pay; and hopes that the Government will continue to indicate in its future reports under this Convention and more particularly under Convention No. 111, the measures being taken or contemplated to improve the general status of women in the labour market.

5. Referring to its previous comment concerning the application of the Convention in the public sector, the Committee notes the statement in the report that, in accordance with the Constitution and the Civil Servants Act No. 657, no distinction is made on the basis of sex. The Government states that the problems encountered by women in the public sector originate from the same factors that have disadvantaged women in the labour force generally. Moreover, though job evaluation exists for personnel of the State, the Government points to the need for an improvement and reorganisation of the job evaluation system presently applied. The Committee notes the Government's request for the International Labour Office to assist it in applying this aspect of the Convention in the public sector and hopes that it will be possible for the Office to give the necessary advice and assistance both in this regard and as concerns any other problems being experienced with the application of the Convention.

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

The Committee notes the Government's report and the comments by the Turkish Confederation of Employers' Associations.

1. In its previous comments, the Committee noted that, by virtue of section 26, paragraph 1, of Labour Act No. 1475 of 1971, as amended on 29 July 1983, "wages" are defined as "the amount of money to be paid in cash by an employer or a third party to a person in return for work performed", and expressed the hope that it would be possible to take measures in a forthcoming revision of the national legislation so that supplementary emoluments in kind were also taken formally into account in the application of the principle of equal remuneration, in accordance with the Convention.

The Committee notes the Government's reply that section 26 of Labour Act No. 1475 stipulates that wages shall be paid in cash, whatever the nature of the work performed, and that payment in kind shall be prohibited. It also notes the statement in the report that "remuneration" denotes basic wages together with additional cash emoluments, such as social benefits, bonuses, premiums, etc. It further notes the reference in the comments of the Turkish Confederation of Employers' Associations to wage supplements being paid in addition to basic wages (see below). As section 26 of the Labour Act applies only to "wages", please indicate how it is guaranteed that the other components of remuneration, beyond basic wages covered in the Labour Act, are paid in conformity with the Convention.

2. In its previous comments, the Committee observed that under section 26, paragraph 4 of the Labour Act, equal wages without any distinction on grounds of sex are paid to male and female workers who perform work of the "same nature" and attain the "same output", and pointed out that the principle of equal remuneration for men and women workers, set forth in Article 2 of the Convention, refers to work of "equal value". It requested the Government to indicate the measures taken or contemplated to give effect to this principle, particularly in cases where in practice men and women perform work of a different nature but of equal value.

The Committee notes from the Government's report the reference to the last sentence of paragraph 4 of section 26 of the Labour Act, stating that no provision contrary to the first sentence of paragraph 4, section 26, may be included in any collective agreement or contract of employment. However, the provisions of that sentence may not be in entire conformity with the Convention, as has been pointed out.

The Committee refers to paragraph 21 of its 1986 General Survey on Equal Remuneration, where it concludes that the idea of work of equal value necessarily implies some comparison between jobs.

The Committee notes from the comments by the Turkish Confederation of Employers' Associations that in collective labour agreements concluded in Turkey in recent years there is a widespread application of the fixing of basic wages and wage supplements according to a job evaluation system. The Committee requests the Government to supply in its next report information on the measures taken by the Government to promote the objective appraisal of jobs on the basis of the work to be performed, on the methods used in practice to carry out an objective appraisal of jobs, and on the results thereof with regard to the effective application of the principle of equal remuneration for men and women workers for work of equal value. It requests the Government to include information with respect to situations where wages higher than the legal minimum are paid, and particularly in economic sectors employing a large number of women. The Committee would appreciate receiving statistical information on the average wages of men and women workers, to the extent that this information is available.

3. In its previous comments, the Committee referred to section 5 of the Labour Act, as amended in 1983, which excluded from its scope agricultural work (with the exception of work performed in the agricultural industries). The Committee refers to the observation it is making under Convention No. 95, where it notes with satisfaction the adoption, on 12 April 1989, of Act No. 3528 which makes section 26 of the Labour Code applicable to agricultural workers.

4. The Committee notes that sections 4 and 147 of the Civil Servants Act No. 657, the texts of which were included with the Government's report, contain no reference to the principle of equal remuneration for men and women workers for work of equal value. It requests the Government to include with its next report full information on the practical application of the equal remuneration principle to men and women workers in the public sector, including information on any job evaluation systems used and wage scales applied.