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

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

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.