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

Türkiye

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1967)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1967)

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.