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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Türkiye (Ratification: 1975)

1. The Committee has examined the Government's reply to its previous comments and notes the information concerning the amount of the lump-sum benefits paid in the event of pregnancy and confinement to women who are themselves ensured or to the wives of insured men when the Social Insurance Institute is not in a position to provide the necessary medical care (Part VIII: Maternity benefit, Article 49, paragraph 2, of the Convention). The Committee also notes with interest from the documentation supplied with the report, the improvements to both the general and the various special social security schemes, provided for in the new legislation, and asks the Government to transmit, if possible, an English or French version of this legislation.

2. With regard to the other points raised in the above-mentioned comments, the Committee would like to point out the following:

Part XII (Equality of treatment), Article 68. The Committee pointed out that the provisions of section 3, subsections 1(g) and 2(a), of Act No. 506 of 1964 (which exclude from insurance certain foreign nationals and recognise for all these nationals only the possibility of voluntary participation confined to invalidity, old-age and survivors' insurance) are not in conformity with the principle of equality of treatment set forth in the Convention. It therefore asked the Government to take the necessary steps to ensure that this principle was applied, at least to nationals of member countries that have accepted the same Parts of the Convention as Turkey and the obligations deriving from these Parts.

In its last report, the Government indicates that studies are being conducted with a view to introducing the necessary amendments to section 3 of the above-mentioned Act and that the Office will be kept informed of any developments in this respect. The Committee takes note of this information and hopes that the next report will indicate any progress made in this regard.

Part XIV (Miscellaneous provisions), Article 76. The Committee has examined the statistical data provided in the report concerning the scope of insurance for all the Parts of the Convention that have been accepted. It notes that the percentage prescribed by Articles 9, 15, 27, 33, 48, 55 and 61 of this instrument (taking account of the fact that Turkey has availed itself of the temporary exceptions provided for in Articles 9(a) and 48(c) in respect of Parts II and VIII, by virtue of Article 3, paragraph 1, of the Convention) is only attained when account is also taken of civil servants who have their own scheme. The Committee therefore asks the Government to provide detailed information in its next report, on the way in which the provisions of the Parts of the Convention that have been accepted are applied to this class of employees and to supply the text of the relevant legislation (for example, Code No. 5434 issuing the conditions of employment of the public service and the legislation on the corresponding insurance scheme; an English or French version of these texts would be appreciated).

3. The Committee also noted the comments of the Turkish Confederation of Employers' Associations, transmitted with the Government's report.