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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Scope of the minimum wage fixing machinery. The Committee notes that, under section 4 of the Labour Law, enterprises carrying out agricultural and forestry works and employing less than 50 workers are excluded from the scope of application of the Labour Law. In its previous comment, the Committee raised the question whether such a threshold would risk leaving a large number of agricultural workers without minimum wage coverage and asked the Government to provide statistical data on the number of workers concerned. The Government refers, in this connection, to section 39 of the new Labour Law, which provides that the minimum wage seeks to regulate the economic and social conditions of all workers with an employment contract whether they are covered or not by the Labour Law, and concludes that all agricultural workers without exception are therefore covered by the national minimum wage. While noting these explanations, the Committee would appreciate if the Government would clarify whether other provisions of the Labour Law related to minimum wage regulation and compliance, such as, for instance, the provisions on labour inspection and sanctions, are also applicable to agricultural workers of small farms employing less than 50 workers.

In addition, the Committee notes the statistical information provided by the Government, according to which as of July 2007 there were 95,095 workers in agriculture and fishing and 89,796 workers in forestry employed under an employment contract and therefore covered by the provisions of the Labour Law. The Committee requests the Government to indicate the approximate number of agricultural workers falling outside the scope of the Labour Law, and also to specify whether and how minimum wage levels are established for those agricultural workers not benefiting from an employment contract.

Article 5 and Part V of the report form. The Committee would thank the Government for continuing to provide up to date and documented information on the practical application of the Convention, including, for instance, the minimum wage rate currently in force, copies of collective agreements fixing minimum pay rates for specific branches of the agricultural sector, statistics on the number of agricultural workers remunerated at the minimum wage rate, labour inspection results, copies of official documents or studies addressing issues of minimum wage policy, etc.

Moreover, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 99 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Turkey has already in place a minimum wage fixing mechanism that covers all sectors of the economy rather than individual sectors as is the case under Convention No. 99. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 4 of the Convention. Scope of application and enforcement of minimum wage in agriculture. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ), concerning the application of the Convention.

TISK basically reiterates points it has raised in earlier observations, in particular that bringing partially agricultural enterprises and agricultural workers within the scope of the Labour Law creates problems of application and that a separate legislation would be preferable due to the special characteristics of agricultural work and the social structure in the country.

As for TÜRK-IŞ, it considers that the measures for control, inspection, and sanctions in the agricultural sector are completely inadequate and, as a result, large numbers of agricultural workers are remunerated at rates below the minimum wage. TÜRK-IŞ calls, accordingly, for better implementation of Article 4 of the Convention. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ. It would also appreciate receiving a copy of the Statute concerning work regarded as industry, commerce, agriculture and forestry of 28 February 2004 and of the Statute concerning working conditions of workers in agriculture and forestry of 6 April 2004 to which reference was made in TISK’s comments.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information contained in the Government’s report, in particular the adoption of the new Labour Law No. 4857 of 22 May 2003 and its provisions regarding the determination of the national minimum wage.

Article 1(1) of the Convention. Scope of the minimum wage fixing machinery. The Committee notes that, under section 4 of the new Labour Law, enterprises carrying out agricultural and forestry works and employing less than 50 workers are excluded from the scope of application of the Labour Law. In its previous comment, the Committee raised the question whether such a threshold would risk leaving a large number of agricultural workers without minimum wage coverage and asked the Government to provide statistical data on the number of workers concerned. The Government refers, in this connection, to section 39 of the new Labour Law, which provides that the minimum wage seeks to regulate the economic and social conditions of all workers with an employment contract whether they are covered or not by the Labour Law, and concludes that all agricultural workers without exception are therefore covered by the national minimum wage. While noting these explanations, the Committee would appreciate if the Government would clarify whether other provisions of the Labour Law related to minimum wage regulation and compliance, such as, for instance, the provisions on labour inspection and sanctions, are also applicable to agricultural workers of small farms employing less than 50 workers.

In addition, the Committee notes the statistical information provided by the Government, according to which as of July 2007 there were 95,095 workers in agriculture and fishing and 89,796 workers in forestry employed under an employment contract and therefore covered by the provisions of the Labour Law. The Committee requests the Government to indicate the approximate number of agricultural workers falling outside the scope of the Labour Law, and also to specify whether and how minimum wage levels are established for those agricultural workers not benefiting from an employment contract.

Article 5 and Part V of the report form. The Committee would thank the Government for continuing to provide up to date and documented information on the practical application of the Convention, including, for instance, the minimum wage rate currently in force, copies of collective agreements fixing minimum pay rates for specific branches of the agricultural sector, statistics on the number of agricultural workers remunerated at the minimum wage rate, labour inspection results, copies of official documents or studies addressing issues of minimum wage policy, etc.

Moreover, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 99 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Turkey has already in place a minimum wage fixing mechanism that covers all sectors of the economy rather than individual sectors as is the case under Convention No. 99. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 26.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 4 of the Convention. Scope of application and enforcement of minimum wage in agriculture. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ), concerning the application of the Convention.

TISK basically reiterates points it has raised in earlier observations, in particular that bringing partially agricultural enterprises and agricultural workers within the scope of the Labour Law creates problems of application and that a separate legislation would be preferable due to the special characteristics of agricultural work and the social structure in the country.

As for TÜRK-IŞ, it considers that the measures for control, inspection, and sanctions in the agricultural sector are completely inadequate and, as a result, large numbers of agricultural workers are remunerated at rates below the minimum wage. TÜRK-IŞ calls, accordingly, for better implementation of Article 4 of the Convention. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ. It would also appreciate receiving a copy of the Statute concerning work regarded as industry, commerce, agriculture and forestry of 28 February 2004 and of the Statute concerning working conditions of workers in agriculture and forestry of 6 April 2004 to which reference was made in TISK’s comments.

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

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

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.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous observation, and the comments respectively made by the Confederation of Turkish Employers' Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) concerning the application of the Convention in the agricultural and forestry sector.

Article 1 of the Convention. The Committee notes again the Government's indication that the draft Bill on the amendment and the repeal of certain sections of the Labour Act (No. 1475) which provides for the inclusion of agriculture and forestry workers within the scope of the Labour Act, is still under review. It requests the Government to continue to communicate information in this respect, in particular with regard to minimum wage fixing in the agricultural and forestry sector.

Article 3, paragraph 3. In its previous comments concerning association on equal footing of employers and workers in the agriculture sector in the working of the Minimum Wage Fixing Board, the Committee requested the Government to send a copy of the text appointing the present members of this Board, along with other regular members.

The Committee notes the list of the members and alternate members of the Minimum Wage Fixing Board composed of five government representatives, five employers' representatives and five workers' representatives. It also notes the Government's indication that: (i) these employers' and workers' representatives are respectively selected from different branches of activity by the confederation of employers and the confederation of workers that have the highest representation; and (ii) the Board meets with the participation of at least ten members and acts by majority vote at every stage of its deliberations.

In its comments under Convention No. 26, the TISK confirms that the Minimum Wage Fixing Board is based on a tripartite structure. It also states, inter alia, that: (i) since 1989, application of minimum wage in the agricultural sector is the same as that of industrial and services sectors; (ii) although a period of two years is contemplated by the legislation, the Board meets and determines new minimum wages every year; and (iii) the Board has proposed to the Government the establishment of a tripartite committee, which would carry out work on wage-fixing methods and principles in order to adjust the Minimum Wage Regulation accordingly; this Committee has already been established, but its work has not been completed yet. According to the TISK, the entire legislation, including the Minimum Wage Regulation does not meet with the requirements of the country and that it impedes harmonization with today's economic and social conditions. The TISK believes that the present minimum wage practice encourages particularly the growth of unemployment and informal sector and weakens the power of trade unions. It requests major changes to be made in the legislation in respect of minimum wage, minimum wage fixing and revision, and tax burden on minimum wage.

The Committee notes that, although the observation made by the TISK was supplied with the Government's report for Convention No. 99, the Government does not provide any response to these observations. The Committee requests the Government to provide information as regards this observation to be dealt with in the comments made by the Committee concerning the application of Convention No. 26 in the country.

Article 4, paragraph 1, and Article 5, in conjunction with point V of the report form. In its previous comments, the Committee requested the Government to provide information in respect of the observation made by the TURK-IS concerning lack of information, supervision and sanctions with regard to the enforcement of minimum wage rates in the agricultural and forestry sector. This observation has been renewed by the TURK-IS.

In reply to these comments, the Government indicates that section 33 of Labour Act No. 1475 provides that the decisions of the Minimum Wage Board become effective only after their publication in the Official Gazette. Section 9 of the Minimum Wage Regulation also provides that the decisions of the Board become effective after their publication in the Official Gazette and that they are put into force as of the first day of the month following their publication in the Official Gazette. The minimum wages fixed by the Board are disclosed by the Ministry of Labour and Social Security, and immediately spread nationwide by mass media. According to the Government, there exist no deficiencies, as alleged by the TURK-IS, in publicizing the Board's decisions. As regards the supervision of minimum wages in the agriculture and forestry sector, the Government specifies that section 4 of Labour Act No. 1475 provides that labour inspectors of the Ministry of Labour and Social Security carry out general controls at the workplaces or upon complaints. During these inspections, the employers who are found in breach of section 33 of Labour Act No. 1475 are sanctioned to pay an administrative fine in accordance with section 99/B(2) of the same Act. However, the Government states that no statistical data are kept with regard to supervision held in the agricultural sector. It also indicates that the draft Bill to multiply by five the amounts of the fines set out in Labour Act No. 1475 is still on the agenda of the Grand National Assembly.

The Committee hopes that the draft Bill to multiply by five the amounts of the fines set out in Labour Act No. 1475 will be soon adopted and that the Government will send a copy of the relevant text as soon as it is adopted. It also requests the Government to provide information on the results of the inspections carried out, in particular in the agricultural and forestry sector (e.g. the number of the violations reported concerning minimum wage provisions, the sanctions imposed, etc.).

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government and the observation made by the Confederation of Turkish Trade Unions (TURK-IS) concerning lack of information, supervision and sanctions with regard to the enforcement of minimum wage provisions in the agricultural and forestry sector. It notes that the report does not contain the Government's comments in response to this observation.

Article 1 of the Convention. The Committee noted previously the Government's indication that studies to draft a new Agricultural and Forestry Work Bill were being carried out and that the Bill would be submitted to the Grand National Assembly after consultation with, inter alia, the social partners.

The Committee notes that, according to the Government, the draft law on the amendment and the repeal of certain sections of the Labour Act (No. 1475), providing for the inclusion of agriculture and forestry workers within the scope of the Labour Act is foreseen. The views of the social partners and the relevant ministries are being evaluated by a commission established for this purpose.

The Committee requests the Government to continue to supply information on any development in this regard in so far as it concerns minimum wage fixing in the agricultural and forestry sector.

Article 3, paragraph 3. In its previous comments, the Committee requested the Government to indicate the manner in which employers and workers in the agricultural sector were associated in the working of the Minimum Wage Fixing Board.

The Committee notes that, according to provisional section 4 of Labour Act No. 1475 and section 15 of the Minimum Wage Regulation, representatives from the Ministry of Forestry, the Ministry of Agriculture and Rural Affairs, the Turkish Chamber of Agriculture and the most representative trade union in the field of agriculture and forestry participate in the work of the Minimum Wage Fixing Board, along with the other regular members.

The Committee recalls that, under Article 3, paragraph 3, of the Convention, the employers and workers concerned should take part in the operation of the minimum wage fixing machinery on a basis of complete equality. It requests the Government to send a copy of the text appointing the present members of the Minimum Wage Fixing Board.

Article 4, paragraph 1, and Article 5, in conjunction with point V of the report form. According to TURK-IS, the Government has taken no serious steps to inform the hundreds of thousands of agricultural workers on the minimum wage rates in force. Furthermore, there is no effective supervision, inspection and sanctions for the enforcement of the minimum wage rates in agriculture and this situation is further aggravated by the absence of labour law for agricultural and forestry workers in spite of numerous bills and promises.

The Committee requests the Government to provide information in respect of the above observation. It also requests the Government to supply information on the effect given in practice to the Convention in the agricultural and forestry sector: (i) by supplying the available statistical data on the number and various categories of workers covered by the minimum wage regulations; and (ii) by indicating, for example, the results of the inspections carried out, the violations reported and the sanctions imposed.

In addition, the Committee recalls that in a previous report the Government stated that a Bill to multiply by five the amounts of the fines set out in Act No. 1475 had been included on the agenda of the National Assembly. The Committee asks the Government to supply information on the adoption of the said Bill.

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. With reference to the previous comments, the Committee notes the Government's indication that since June 1989 minimum wages have been annually fixed to cover all sectors of the economy, including agriculture, by the Minimum Wage Fixing Board. It would be grateful if the Government would indicate the manner in which employers and workers in the agricultural sector are associated in the working of the Minimum Wage Fixing Board (Article 3, paragraph 3, of the Convention). The Committee also refers to the comments it is making under Convention No. 26, in which it has noted the observations made by the Turkish Confederation of Employers' Associations (TISK) concerning the application of Convention No. 26.

2. The Committee notes the Government's indication, in reply to the previous comments, that studies to draft a new Agricultural and Forestry Work Bill are being carried out and that the Bill will be submitted after consultation, inter alia, with social partners to the Grand National Assembly. The Committee requests the Government to continue supplying information on any development in this regard in so far as it concerns minimum wage fixing in the agricultural and forestry sector.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in reply to its previous observation and direct requests concerning the comments made by the Turkish Confederation of Employers' Associations (TISK) on the minimum wage-fixing machinery in agriculture, the machinery being a Joint Minimum-Wage Board in which, in addition to a Government representative, an employers' and a workers' representative from the agricultural sector participate. The Committee also notes the new statements by the above Confederation, which were transmitted by the Government with its report (received in October 1989) and with its communication of 4 January 1990. In these statements, the Confederation of Employers' Associations indicates that its previous comments were merely the explanation of the actual legal framework for the fixing of minimum wages in agriculture.

2. Referring to its previous comments the Committee also notes, from the information supplied by the Government, that the Agriculture and Forestry Work Bill, which had been submitted to the competent commission of the Grand National Assembly, was not approved and that it was therefore rejected. The Committee requests the Government to indicate the measures that have been taken for the formulation of a new draft text in this area which would also establish minimum wage-fixing machinery in the sense of the Convention.