Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 1 and 3 of the Convention. Determination and coverage of minimum wage. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS). Following up on earlier observations submitted in 2002 and in 2007, TISK essentially reiterates that due to the structure of the Turkish society and the specificity of agricultural work (for instance, activities scattered throughout the country, varied and seasonal jobs, and seasonal labour migration between regions), agricultural employment should be regulated by separate legislation. TISK also considers that, in order to reduce unemployment and promote youth employment, a differentiated minimum wage level should apply to workers of between 16 and 20 years of age, that the minimum wage in workplaces with and without collective bargaining agreements should be determined differently, and that the tax burden on minimum wage should be reduced.

For its part, TÜRK-IS indicates that 71 per cent of agricultural workers are employed in enterprises employing less than 50 workers, and 98 per cent of agricultural establishments have less than 50 workers, falling therefore outside the scope of the provisions of the Labour Law No. 4857 regarding inspection measures and sanctions. TÜRK-IS also indicates the prevalence of informal employment in agriculture, and reiterates that, in practice, a large number of agricultural workers are remunerated at less than the minimum wage rate. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IS.

Article 4. Supervision, inspection and sanctions. The Committee recalls its previous comment in which it requested the Government to clarify whether the provisions of the Labour Law No. 4857 referring to labour inspection and sanctions are applicable to agricultural workers of small farms employing less than 50 workers. In its latest report, the Government refers to section 113 of the Labour Law which provides that specific provisions on protection of wages (for instance, the obligation to pay in legal tender and at regular intervals or to provide a wage slip) apply to agricultural enterprises employing less than 50 workers which are otherwise excluded from the scope of application of the Labour Law. The Committee notes, however, that section 113 of the Labour Law, which also provides for penal sanctions in case of failure to comply with those specific provisions on wage protection, does not specify whether enforcement measures with respect to payment of wages at the applicable minimum wage rate are also applicable to small farms of less than 50 workers. Nor do sections 92 and 102 of the Labour Law, which provide for the powers of labour inspectors and monetary fines for failure to pay the national minimum wage, appear to apply to those small farms since they are expressly excluded under section 4(b) of the Labour Code from its scope of application. The Committee therefore requests the Government to provide additional explanations as to how it is ensured in law and in practice that minimum wage rates in force are effectively enforced through measures of supervision, inspection and sanctions, as may be necessary and appropriate to the conditions in agriculture in the country, with respect to agricultural undertakings employing less than 50 workers.