Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comment, the Committee requested the Government to confirm that the equal pay provisions of the Labour Act (section 5(4)) applied to agricultural and forestry workers and to indicate the manner in which the principle of the Convention applied in practice in these sectors. It further requested the Government to ensure that the equal pay provisions in the draft Civil Aviation Act fully reflected the principle of the Convention. With respect to the agriculture and forestry sectors, the Committee notes the Government’s indication that establishments and enterprises operating in the forestry and agriculture sectors and employing a minimum of 50 employees are subject to the provisions of the Labour Act. Otherwise, the Code of Obligations applies. Section 411 of this Code provides that employers are obliged to pay workers the wage specified in the contract or collective bargaining agreements, or if not provided for, the wage should be the equivalent to the wage paid to their peers, on the condition that it is not less than the minimum wage. The Committee notes, however, that section 111 of the Labour Act provides that “Working conditions, employment contracts, wages and organization work of those employed in activities deemed as agricultural and forestry work shall be indicated in a regulation to be issued by the Ministry of Labour and Social Security”. The Committee requests the Government to provide information on the regulations adopted by the Ministry of Labour and Social Security concerning working conditions and wages in the agricultural and forestry sectors and how it is ensured that section 5(4) of the Labour Act is effectively applied to these sectors. Noting that the Government provides no information on the adoption of the Civil Aviation Act, the Committee requests the Government once again to indicate if the principle of the Convention has been fully taken into account in the Act.

Civil service. In its previous comments the Committee noted that section 203 of the Civil Servants Act – which provides that family allowances are paid to the father if both parents are civil servants – was being examined. The Committee notes that no further information was provided by the Government. The Committee requests the Government to ensure that the new provision will adequately take the Convention into consideration and that the decision concerning which of the two parents will receive the family allowances is left to the parents in each case.

Collaboration with workers’ and employers’ organizations. The Committee notes that, according to the Confederation of Turkish Real Trade Unions (HAK-IŞ), wage differentials do not exist where collective agreements prevail and that the unionization of women should be encouraged. The Committee requests the Government to provide information on how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account when negotiating new collective agreements and to send a copy of any collective agreement that takes into account the principle of the Convention.