Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Türkiye (Ratification: 1970)

The Committee notes the information supplied by the Government and the observation made by the Confederation of Turkish Trade Unions (TURK-IS) concerning lack of information, supervision and sanctions with regard to the enforcement of minimum wage provisions in the agricultural and forestry sector. It notes that the report does not contain the Government's comments in response to this observation.

Article 1 of the Convention. The Committee noted previously the Government's indication that studies to draft a new Agricultural and Forestry Work Bill were being carried out and that the Bill would be submitted to the Grand National Assembly after consultation with, inter alia, the social partners.

The Committee notes that, according to the Government, the draft law on the amendment and the repeal of certain sections of the Labour Act (No. 1475), providing for the inclusion of agriculture and forestry workers within the scope of the Labour Act is foreseen. The views of the social partners and the relevant ministries are being evaluated by a commission established for this purpose.

The Committee requests the Government to continue to supply information on any development in this regard in so far as it concerns minimum wage fixing in the agricultural and forestry sector.

Article 3, paragraph 3. In its previous comments, the Committee requested the Government to indicate the manner in which employers and workers in the agricultural sector were associated in the working of the Minimum Wage Fixing Board.

The Committee notes that, according to provisional section 4 of Labour Act No. 1475 and section 15 of the Minimum Wage Regulation, representatives from the Ministry of Forestry, the Ministry of Agriculture and Rural Affairs, the Turkish Chamber of Agriculture and the most representative trade union in the field of agriculture and forestry participate in the work of the Minimum Wage Fixing Board, along with the other regular members.

The Committee recalls that, under Article 3, paragraph 3, of the Convention, the employers and workers concerned should take part in the operation of the minimum wage fixing machinery on a basis of complete equality. It requests the Government to send a copy of the text appointing the present members of the Minimum Wage Fixing Board.

Article 4, paragraph 1, and Article 5, in conjunction with point V of the report form. According to TURK-IS, the Government has taken no serious steps to inform the hundreds of thousands of agricultural workers on the minimum wage rates in force. Furthermore, there is no effective supervision, inspection and sanctions for the enforcement of the minimum wage rates in agriculture and this situation is further aggravated by the absence of labour law for agricultural and forestry workers in spite of numerous bills and promises.

The Committee requests the Government to provide information in respect of the above observation. It also requests the Government to supply information on the effect given in practice to the Convention in the agricultural and forestry sector: (i) by supplying the available statistical data on the number and various categories of workers covered by the minimum wage regulations; and (ii) by indicating, for example, the results of the inspections carried out, the violations reported and the sanctions imposed.

In addition, the Committee recalls that in a previous report the Government stated that a Bill to multiply by five the amounts of the fines set out in Act No. 1475 had been included on the agenda of the National Assembly. The Committee asks the Government to supply information on the adoption of the said Bill.

[The Government is asked to report in detail in 1998.]