Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Equal Remuneration Convention, 1951 (No. 100) - Türkiye (Ratification: 1967)

1. In its previous observation, the Committee noted that section 5(4) of the Labour Act of 22 May 2003 (No. 4857) provides that a lower wage cannot be fixed for the same work or work of equal value on the ground of sex and asked the Government to provide information on the practical application and enforcement of this provision. In its report, the Government confirms that the labour inspectors have the responsibility of monitoring the application of section 5(4) of the Labour Act. However, no cases concerning section 5(4) had been detected through labour inspection so far.

2. The Committee notes that, while appropriate legislation setting out the principle of equal remuneration for men and women for work of equal value is an important means to apply the Convention, it is equally important to ensure that these legal provisions are applied in practice. To this end, it is crucial to undertake training and awareness-raising activities to promote a full understanding of the meaning and implications of the principle of equal remuneration for work of equal value among labour inspectors, judges, public officials responsible for labour and gender equality matters, as well as workers and employers and their organizations. In this context, it is particularly important to emphasize that the principle of the Convention does not only require equal remuneration to be paid to men and women when they perform the same work, but also when they perform different work that is nevertheless of equal value. The Committee draws the Government’s attention to its 2006 general observation which elaborates further on these issues and hopes that it will be used by the Government for training and awareness-raising purposes with a view to further promoting the application of the Convention. The Committee asks the Government to provide information on any measures taken to promote awareness and understanding of the Convention’s principle and section 5(4) of the Labour Act among relevant target groups, including labour inspectors. The Government is also asked to continue to provide information on administrative and judicial decisions involving section 5(4) of the Labour Act.

The Committee is raising other matters in a request addressed directly to the Government.