Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the information provided by the Government in its report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) and the Turkish Confederation of Employer Associations (TISK).

1. The Committee notes that the report of the Government was only received in March 1999, thus after the Committee's session in 1998. The Committee takes note of the indication provided by the Government in this report according to which although the term "home work" is not defined and thus not specifically regulated in the Labour Act, it is assumed that there exists a contract of employment between an employer and an employee working at home and engaged in manufacture and commerce that falls under the scope of the Labour Act and the Regulation on Minimum Wage. The Government also states that the Ministry of Labour and Social Security is empowered in section 6, paragraph (III), of the said Act to decide which works other than those enumerated in the same section are to be classified as industrial or commercial. The Committee therefore trusts that the next report of the Government will state that the legislation has been amended to specifically include "home work" within the works enumerated in the section of the Labour Act referred to.

2. The Committee also notes the information provided by the Government that there are difficulties in supervising home work, that work is recently initiated on home work with a view to determine its practical dimensions and that social partners have been contacted for this purpose. The Committee trusts that the Government will make every effort to ensure in the very near future that the employers and workers concerned are informed of the minimum rates of wages in force, and that wages are not paid at less than these rates in cases where they are applicable (Article 4 of the Convention). Thus, the Committee hopes that the Government will be in a position to supply information with its next report on the organization and working of inspection in relation to home workers (Part III of the report form).

3. The Committee also notes the information supplied by the Government according to which:

-- since 1987 minimum wages are fixed in shorter spans than the two-year term provided by section 33 of the Labour Act No. 1475; from 1 January 1999, minimum wages are fixed on calendar year basis with six-monthly increases;

-- in 1995-96 the Minimum Wage Board concluded that it would be desirable to establish a tripartite commission to study the methods and principles to be applied for fixing the minimum wages, and the adaptation of the relevant regulation in the light of the results of the studies of this commission;

-- programmes for 1996 and 1997 foresaw the identification of methods to be applied for fixing the minimum wages and the problems in the existing structures, as well as their remedies, requiring preparations for new arrangements;

-- since 1998 several meetings with the participation of social partners have been held within the context of the studies to modify the regulations for fixing the minimum wages and to consider the required amendments together with the proposals of the TISK.

The Committee recalls that the TISK referred to this issue in the comments received in 1998, the content of which was summarized in the Committee's previous observation. The Committee notes that the comments of the TISK attached to the Government's latest report, reiterate in substance the content of the previous one. The Committee requests the Government to report on any progress achieved in relation to the above meetings and on the follow-up of the comments of the TISK.

4. The TURK-IS states that the home working system is the most common form of evasion of the protective labour legislation. In this respect the TURK-IS reiterates that the scope of the Turkish minimum wage legislation should be extended to encompass the above categories of "homeworking trades". The TURK-IS also refers to the application of Article 4 of the Convention and states that the supervisory system is not working properly because the number of inspectors is insufficient to control the increasing number of small workplaces and clandestine employment, without effective action of the Government in order to strengthen the supervisory mechanism.

The Committee requests the Government to communicate its observations on the comments made by the TURK-IS.

[The Government is asked to report in detail in 2000.]