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

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

1. The Committee notes with interest the detailed information supplied by the Government in its report for the period 1988-92, and the appended documentation. It also notes the text, which was updated in 1990, of the Social Insurance Act, No. 506, which was supplied by the Government, in an English translation, as well as extracts of the Civil Servants Act, No. 657 and the Civil Servants' Pension Fund Act, No. 5434. It also notes with interest that Act No. 3774 of 20 February 1992 has eliminated, in certain cases, the age condition for entitlement to old-age pension.

2. With reference to its previous comments, the Committee wishes to draw the Government's attention to the following:

(a) Part XII of the Convention (Equality of treatment of non-residents), Article 68. The Committee pointed out that the provisions of section 3, subsections 1(g) and 2(a), of the Social Insurance Act, No. 506 - which excludes from insurance certain foreign residents and recognizes for such residents 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 States that have accepted the same Parts of the Convention as Turkey and the obligation deriving from these Parts. In its report for 1984-88, the Government indicated that studies were being conducted with a view to introducing the necessary amendments to section 3 of the above-mentioned Act. In its last report the Government indicates that the purpose of the provisions of this section is not to exclude foreign workers residing in the country from insurance but to give them the opportunity to continue to be covered by insurance schemes in their own countries at least in respect of long-term benefits. The Government adds that the similar clauses are to be found in the European Code of Social Security, ratified by Turkey, and in the bilateral agreements that Turkey has concluded with Austria, Belgium, Denmark, France, Germany, Netherlands, Norway, Sweden, Switzerland and the United Kingdom. Furthermore, as regards immediate risks, foreign workers are covered by the insurance scheme provided for in Act No. 506.

The Committee takes note of this information and asks the Government to indicate under what provisions of the law or agreements foreign residents in temporary or permanent employment and who are nationals of a member State (other than those referred to above) that has accepted the obligations under the same Parts of the Convention as Turkey enjoy equality of treatment in respect of social security as provided for in the Convention, particularly with regard to immediate risks such as sickness, temporary incapacity owing to industrial accidents, and maternity.

(b) Part XIV (Miscellaneous provisions), Article 76. The Committee notes with interest from the detailed statistics provided by the Government on the number of persons covered by the various insurance schemes that the percentages required by Article 9, 15, 27, 33, 48, 55 and 61 of the Convention to determine the scope of the Parts accepted have now been achieved even taking into consideration only the general scheme for wage-earners envisaged under Act No. 506 (as well as the wage-earners by section 20 of the transitional measures of this Act), without it being necessary to take into consideration the other schemes applicable to public servants, self-employed workers, etc. As a consequence, the additional information requested with regard to the standards to be complied with by periodical payments (see paragraph 3 below) only need to be provided for the general scheme established under Act No. 506.

Furthermore, in calculating the percentages relating to scope, it is no longer necessary to take account of the temporary exceptions provided for in Articles 9(d) and 48(c) of the Convention, of which Turkey has availed itself of under Article 3, paragraph 1, of this instrument. The Committee hopes that the Government will continue to provide information in its future reports on any further progress made in this respect and that it might envisage renouncing its right to avail itself of the exceptions referred to above, in accordance with paragraph 2 of Article 3 of the Convention.

3. The Committee also asks the Government to provide additional information on the following points:

(a) Part XI (Standards to be complied with by periodical payments), Articles 65 or 66 of the Convention (in conjunction with Articles 16, 28, 36, 50, 56 and 62)

(i) The Committee notes the detailed statistical data provided by the Government in its report and in the annex to the report. It notes with interest that, in accordance with the method of calculating benefits set out in Act No. 506 and described by the Government, the percentages laid down by the Convention for the contingencies covered by the Parts that have been accepted could be achieved in several cases. According to this method of calculation, benefits are established as a function of an index representing average earnings over a number of years which is multiplied on the one hand by a coefficient determined by ministerial decision and, on the other hand, by the percentages laid down in the Act for each contingency. However, the examples provided in the Government's report differ from the method of calculating benefits laid down by the above-mentioned provisions of the Convention. Furthermore, the information does not make it possible to understand the formula according to which the index and the average wage which is used as a basis for the determination of this index are fixed. In these circumstances, the Committee asks the Government to provide in its next report statistics on the calculation of benefits established in the manner laid down in the report form on the Convention, in order to enable the Committee to confirm that the percentages set out in this instrument are achieved in each case. For these calculations, the Government could avail itself of either Article 65 or 66, in view of the fact that a minimum level of benefit also seems to be laid down in the national legislation. It would also be desirable for account to be taken, when compiling the above statistics, of the qualifying periods laid down, particularly for long-term benefits (in accordance with the Convention, 30 years of contribution or employment for old-age benefit and 15 years, respectively, for invalidity and the death of the family breadwinner; employment injury benefit must be provided without a qualifying period).

(ii) The Committee asks the Government to indicate the manner in which the table of lower and higher indices is established, as provided under section 61 of Act No. 506, which serve as a basis for the calculation of the benefits, as well as their relationship with the level of earnings on which the calculation is based.

(iii) The Committee notes the information concerning the readjustment of pensions, which is based on the coefficient determined by the Council of Ministers twice a year. In view of the impact of the particularly high level of inflation in Turkey on the general level of earnings and the fluctuation in the cost of living, the Committee considers that the review of the rates of benefits for old age, employment injury (except for temporary incapacity), invalidity and death of the breadwinner should continue to be given particular attention, especially in the present overall economic situation. The Committee hopes that the Government will continue to make every effort to ensure that full effect is given to paragraph 10 of Article 65 or paragraph 8 of Article 66 of the Convention and that it will continue to provide information in its future reports on progress made in this respect, including statistics of fluctuations in the wage index and consumer prices and changes in the coefficient. Please indicate also the method used to determine the coefficient.

(b) Part XIII (Common provisions). Articles 71 and 72. The Committee notes the information supplied by the Government concerning the constitution of the funds of the various insurance schemes and asks it to state what percentage of the funds come from employers' contributions, particularly in respect of the general scheme and the special schemes referred to in transitional section 20 of Act No. 506 of 1964.

The Committee also hopes that the Government will indicate the measures taken to ensure that the insurance schemes are properly administered, particularly as regards the provision of benefits and the payment of contributions.

4. The Committee takes due note of the comments made by the Turkish Confederation of Employer Associations and the Confederation of Turkish Trade Unions, supplied by the Government with its report.