Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the report provided by the Government, as well as the comments by the Turkish Confederation of Employer Associations (TISK) attached to the report. The Committee notes with interest the adoption, on 9 August 2002, of Act No. 4773 extending the scope, as of 15 March 2003, of Labour Act No. 1475 to cover agricultural and forestry workers. It notes with satisfaction the adoption of Act No. 4421, which entered into force on 1 August 2002, increasing twelvefold the fines initially prescribed in the Labour Act No. 1475.

1. Article 1 of the Convention. The Committee notes the comments made by the TISK, on the effects of the adoption of Act No. 4773 extending the scope of the Labour Act No. 1475 to workers employed in agricultural enterprises with over 50 employees. According to TISK, the inclusion of agricultural workers within the scope of the Labour Act has drawbacks due to the characteristics of the sector and the social structure. TISK considers that this Act is contrary to the basic principles of social law in so far as it requires the adoption of separate regulations covering, among other areas, working conditions, service contracts and wages. TISK also considers that, with a view to increasing employment levels, the minimum wage should only be applied to workers aged 20 years and over, and not 16 years as provided for under the current law, and that enterprises in which collective agreements are applicable should be exempted from the provisions. Also according to TISK, taxes on the minimum wage should be reduced and a common system of minimum wages established for the public and the private sectors.

2. The Committee notes that the report provided by the Government does not contain information relating to the comments made by TISK and requests it to provide its observations thereon with its next report. The Committee also requests the Government to indicate whether the adoption of the above Act arose from consultation with the most representative organizations of employers and workers concerned, in accordance with paragraph 2 of this provision of the Convention. Furthermore, the Committee wonders whether in practice the threshold of 50 workers, above which minimum wage provisions become applicable to agricultural and forestry workers, will actually permit a large number of workers in these two sectors to benefit from the minimum wage provisions. In this respect, it requests the Government as from March 2003, to provide statistical data on the number of workers covered by the protection afforded by the Labour Act, as amended.

3. Article 3, paragraphs 2 and 3. The Committee notes the Government’s response to the previous comments made by TISK, and particularly the fact that the comments made by this organization were discussed in the tripartite minimum wage fixing committees and that certain of them were included in the recommendations made by these committees, which were published in the Official Gazette.

4. The Committee further notes the Government’s indication that the work of revising the minimum wage fixing regulations is still continuing and that a working group, including representatives of employers’ and workers’ organizations, has been established for this purpose by the above committees. The Committee requests the Government to indicate whether all the most representative organizations have participated or are participating in the activities of this working group.

5. Article 4, paragraph 1, and Article 5. The Committee notes that, by virtue of Act No. 4421, which entered into force on 1 August 2002, the fines initially prescribed by the Labour Act No. 1475 have been increased twelvefold. It also notes that, according to the Government, the implementation of Act No. 4421 will undoubtedly result in the scope of inspections being broadened. The Committee requests the Government in this respect to provide information with its next report on the number and results of the inspections carried out in the agricultural and forestry sectors with a view to ensuring, by means of measures appropriate to the conditions obtained in these sectors, that the wages actually paid are not lower than the applicable minimum rates.