Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Türkiye (Ratification: 1975)

The Committee notes that the Government's report has not been received. However, it notes the new observation made by the Confederation of Turkish Employers' Associations (TISK) concerning the application of the Convention. In its comments, the TISK states that the Minimum Wage Fixing Board is based on a tripartite structure. It also observes, inter alia, that: (i) since 1989, minimum wage in the agricultural sector is the same as that of industrial and services sectors; (ii) although a period of two years is contemplated by the legislation, the Board meets and determines new minimum wages every year; and (iii) the Board has proposed to the Government the establishment of a tripartite committee, which would carry out work on wage-fixing methods and principles in order to adjust the Minimum Wage Regulation accordingly; this Committee has already been established, but its work has not yet been completed. According to the TISK, the entire legislation, including the Minimum Wage Regulation, does not meet with the requirements of the country and that it impedes harmonization with today's economic and social conditions. The TISK believes that the present minimum wage practice encourages particularly the growth of unemployment and informal sector and weakens the power of trade unions. It requests major changes to be made in the legislation in respect of minimum wage practice, minimum wage fixing and revision, and tax burden on minimum wage.

The Committee notes that, although the observation made by the TISK was supplied with the Government's report for Convention No. 99, the Government does not provide any response to this observation. The Committee requests the Government to provide information as regards this observation, as well as in reply to the Committee's previous observation concerning the points below.

The Committee noted the observation made by the Confederation of Turkish Employers' Associations (TISK) concerning the implementation of the minimum wage provisions in the country. The TISK states that the form and application of the minimum wage regulations, which is based on Labour Act No. 1475/71, has nothing contrary to the Convention. However, it makes various requests for changes to be made in the relevant legislation as concerns: (i) the determination of minimum wages by collective bargaining in the establishments covered by collective labour agreements; (ii) the need for redefinition of the minimum wage; (iii) the criteria for minimum wage determination; (iv) the renewal period for minimum wage; (v) the age limit for minimum wage; (vi) the tax burden on minimum wage; (vii) the relationship between legal fines and minimum wage; and (viii) the need for further consultation of employers' and workers' organizations in the framework of the Minimum Wage Fixing Board.

The Committee noted that the reports do not contain the Government's comments in response to this observation. It requests the Government to provide information in this respect.

Homeworkers and domestic workers. The Committee previously requested the Government to indicate the measures taken to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for categories of homeworkers considered to be workers under the terms of the Code of Obligations. It also requested the Government to indicate the measures adopted to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for domestic workers who respond to the criteria set out in Article 1, paragraph 1, of the Convention (absence of arrangements for the effective regulation of wages and the low level of wages).

The Government considered that as the persons under these categories of workers are not covered by Labour Act No. 1475, it is not possible for them to benefit from the minimum wages. Despite being a new form of labour resulting from the developments in technology, on the one hand, and in the labour market, on the other, there is neither any reliable data available to the extent of the practice of such new form of employment nor any legal arrangement regulating them in Turkey. Therefore, the Government has started to study, with an open mind, the measures that can be adopted so as to bring the legislation and related implementation in line with the standards set by the ILO by taking into account all the Committee's comments. Pending the outcome of this undertaking, the Government requested the Committee to postpone taking a stand on this matter.

The Committee notes these indications and requests the Government to provide information concerning this review process so as to bring the legislation and practice for homeworkers and domestic workers into conformity with the Convention.

[The Government is asked to report in detail in 1999.]