Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Legislative developments. The Committee noted in its previous comments that the draft Civil Aviation Act provides in section 16 that a woman and a man performing, in a workplace, the same type of work with the same output shall not receive a different salary for reasons of their sex. The Committee recalls that: (1) the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that men and women receive equal remuneration not only for the same type of work, but also for entirely different work that is nevertheless of equal value; and (2) the Convention’s principle also applies beyond the level of the workplace. In its report, the Government merely states that the draft Act is pending before Parliament, without indicating whether section 16 has been brought into conformity with the Convention. The Committee urges the Government to ensure that the equal pay provisions of the draft Civil Aviation Act are brought into conformity with the Convention, and to indicate the measures taken to this end.

Scope of application of the Labour Act. The Committee previously noted that, according to the Government, workers excluded from the scope of the Labour Act pursuant to its section 4 were covered by the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers. In the absence of a reply from the Government to its previous comments on this matter, the Committee once again asks the Government to explain how the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers ensure the application of the principle of equal remuneration for men and women for work of equal value.

Civil service. The Committee recalls that section 203 of the Civil Service Act provides that family allowances are paid to the father if both parents are civil servants. The Committee asks the Government to provide information on the progress made to bring this provision into conformity with the Convention.

Statistical information. The Committee welcomes the detailed statistical information by the Government and asks it to provide similar information in its future reports.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Training and awareness raising. In its previous observation, the Committee asked the Government to provide information on any measures taken to promote awareness and understanding of the principle of equal remuneration for men and women for work of equal value as set out in the Convention and section 5(4) of the Labour Act, among relevant target groups, including labour inspectors. In its report, the Government provides information on a number of activities and projects aimed at the promotion of gender equality more generally and greater access to employment for women. However, the information does not indicate whether any specific activities were undertaken to promote understanding and awareness of the principles of the Convention. In this context, the Committee notes that according to the Confederation of Turkish Trade Unions (TÜRK-IS), inadequate supervision by the labour administration is one of the reasons for unequal pay between men and women. The Committee hopes that the Government, in consultation with the workers’ and employers’ organizations, will carry out training and awareness-raising activities specifically addressing equal remuneration for men and women for work of equal value among relevant target groups, including labour inspectors, and asks it to provide information on the measures taken in this regard.

Labour inspection. The Committee notes the Government’s indication that there is currently no system for classifying infringements identified by the labour inspectorate according to the related provisions of the labour legislation. However, it indicates that a new system is to be established allowing for such a classification. The Committee welcomes this information and hopes that the new system will allow the labour inspectors to establish data on the number, nature and outcome of infringements of section 5(4) with regard to equal remuneration of men and women for work of equal value. The Committee asks the Government to provide information on the number, nature and outcomes of the cases addressed by the labour inspectorate under section 5(4) of the Labour Code, as soon as possible.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government has provided no information in reply to its previous comments on the issue of objective job evaluation. However, it welcomes the information provided by the Turkish Confederation of Employers’ Associations (TISK) on the use of objective job evaluation systems by its affiliates. For instance, the Metal Industry Job Classification System (MIDS) examines jobs on the basis of twelve factors which are classified under four main factors, namely dexterity, responsibility, effort and working conditions. In 2007, the Union of Turkish Metal Industrialists organized seminars for heads of human resources departments in four cities with a view to making the MIDS known, and assessing problems in its application and possible solutions to them. The Committee asks the Government once again to provide information on any steps it is taking to promote objective job evaluation as envisaged in Article 3 of the Convention, both in the private and public sectors, including information on any measures taken to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of job evaluation.

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 2009, published 99th ILC session (2010)

Legislative developments. The Committee noted in its previous comments that the draft Civil Aviation Act provides in section 16 that a woman and a man performing, in a workplace, the same type of work with the same output shall not receive a different salary for reasons of their sex. The Committee recalls that: (1) the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that men and women receive equal remuneration not only for the same type of work, but also for entirely different work that is nevertheless of equal value; and (2) the Convention’s principle also applies beyond the level of the workplace. In its report, the Government merely states that the draft Act is pending before Parliament, without indicating whether section 16 has been brought into conformity with the Convention. The Committee urges the Government to ensure that the equal pay provisions of the draft Civil Aviation Act are brought into conformity with the Convention, and to indicate the measures taken to this end.

Scope of application of the Labour Act. The Committee previously noted that, according to the Government, workers excluded from the scope of the Labour Act pursuant to its section 4 were covered by the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers. In the absence of a reply from the Government to its previous comments on this matter, the Committee once again asks the Government to explain how the Code of Obligations and the regulation concerning working conditions for agricultural workers and forestry workers ensure the application of the principle of equal remuneration for men and women for work of equal value.

Civil service. The Committee recalls that section 203 of the Civil Service Act provides that family allowances are paid to the father if both parents are civil servants. The Committee asks the Government to provide information on the progress made to bring this provision into conformity with the Convention.

Statistical information. The Committee welcomes the detailed statistical information by the Government and asks it to provide similar information in its future reports.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Training and awareness raising. In its previous observation, the Committee asked the Government to provide information on any measures taken to promote awareness and understanding of the principle of equal remuneration for men and women for work of equal value as set out in the Convention and section 5(4) of the Labour Act, among relevant target groups, including labour inspectors. In its report, the Government provides information on a number of activities and projects aimed at the promotion of gender equality more generally and greater access to employment for women. However, the information does not indicate whether any specific activities were undertaken to promote understanding and awareness of the principles of the Convention. In this context, the Committee notes that according to the Confederation of Turkish Trade Unions (TÜRK-IS), inadequate supervision by the labour administration is one of the reasons for unequal pay between men and women. The Committee hopes that the Government, in consultation with the workers’ and employers’ organizations, will carry out training and awareness-raising activities specifically addressing equal remuneration for men and women for work of equal value among relevant target groups, including labour inspectors, and asks it to provide information on the measures taken in this regard.

Labour inspection. The Committee notes the Government’s indication that there is currently no system for classifying infringements identified by the labour inspectorate according to the related provisions of the labour legislation. However, it indicates that a new system is to be established allowing for such a classification. The Committee welcomes this information and hopes that the new system will allow the labour inspectors to establish data on the number, nature and outcome of infringements of section 5(4) with regard to equal remuneration of men and women for work of equal value. The Committee asks the Government to provide information on the number, nature and outcomes of the cases addressed by the labour inspectorate under section 5(4) of the Labour Code, as soon as possible.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government has provided no information in reply to its previous comments on the issue of objective job evaluation. However, it welcomes the information provided by the Turkish Confederation of Employers’ Associations (TISK) on the use of objective job evaluation systems by its affiliates. For instance, the Metal Industry Job Classification System (MIDS) examines jobs on the basis of twelve factors which are classified under four main factors, namely dexterity, responsibility, effort and working conditions. In 2007, the Union of Turkish Metal Industrialists organized seminars for heads of human resources departments in four cities with a view to making the MIDS known, and assessing problems in its application and possible solutions to them. The Committee asks the Government once again to provide information on any steps it is taking to promote objective job evaluation as envisaged in Article 3 of the Convention, both in the private and public sectors, including information on any measures taken to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of job evaluation.

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

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

1. Legislative developments. The Committee notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the draft Civil Aviation Act provides in section 16 that a woman and a man performing, in a workplace, the same type of work with the same output shall not receive a different salary for reasons of their sex. The Committee recalls that the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that men and women receive equal remuneration not only for the same type of work, but also for different work that is nevertheless of equal value. The Convention’s principle also applies beyond the level of the workplace. The Committee, therefore, asks the Government to bring the draft Civil Aviation Act into conformity with the Convention.

2. Scope of application of the Labour Act. In its previous comments, the Committee asked the Government to indicate the measures taken in law and in practice to apply the Convention with respect to categories of employment excluded from the scope of the Labour Act, as provided for under section 4. In reply, the Government indicates that the Code of Obligations applies to workers who are not covered by the Labour Act. The report also states that the Ministry of Labour and Social Security has issued a regulation relating to the working conditions of agricultural and forestry workers, as envisaged in section 111 of the Labour Act. Stressing that, under the Convention, the principle of equal remuneration must be applied to all workers, the Committee asks the Government to elaborate further on the manner in which the Code of Obligations and the abovementioned regulation ensure the application of the principle of equal remuneration for women and men for work of equal value.

3. Civil service. Recalling its previous comment concerning the need to ensure that men and women in the civil service receive allowances on an equal basis, the Committee notes the Government’s statement that the efforts to revise section 203 of the Civil Service Act, which provides that family allowances are paid to the father if both parents are civil servants, are still ongoing. The Committee asks the Government to indicate the measures taken or envisaged to ensure that section 203 of the Civil Service Act is brought into line with the principle of equal remuneration for men and women for work of equal value.

4. Objective job evaluation. The Committee notes from the Government’s report that the National Productivity Centre is responsible for carrying out objective job evaluations and that civil service jobs had been evaluated using an analytical method. The Committee asks the Government to continue to provide information on job evaluation in the civil service, including indicating whether such evaluation has led to the adjustment of remuneration for jobs or positions predominantly occupied by women. Please also indicate whether any efforts are being made to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

5. Statistical information. The Committee notes the statistical information provided by the Government indicating the average annual income of men and women in 2003 according to age group. According to this data, women earned more than men in all but three age groups. While appreciating the information provided, the Committee asks the Government to provide more detailed statistical information on the remuneration received by men and women, as far as possible in accordance with the 1998 general observation concerning the present Convention, which sets out the data that should be collected and analysed in order to monitor the impact of the measures taken to promote and ensure equal remuneration for men and women.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. Recalling its previous comments concerning the need to ensure the application of the Convention to all workers, including those in atypical employment relationships, the Committee notes that the new Labour Act (No. 4857) of 22 May 2003 covers part-time, fixed-term, and stand-by work. However, the Committee also notes that section 4 of the Act excludes certain activities and types of employment relationships from its scope, including agricultural enterprises of up to 50 employees, homework, domestic services and apprentices (section 4, paragraphs (b), (d), (e), and (f)). The Committee asks the Government to indicate the measures taken, in law and in practice, to apply the Convention in respect to the categories of employment excluded from the scope of the Labour Act.

2. Equal remuneration in the public sector. The Committee recalls its previous comments concerning the need to ensure equal treatment of men and women in respect of the payment of allowances and benefits in the civil service. The Committee notes from the Government’s report that efforts to amend the Civil Service Act, in the light of the recent changes made in the Civil Code regarding gender equality, are still ongoing. The Government is asked to provide information on the progress made in amending the Civil Service Act to ensure equal remuneration, including allowances and benefits, for men and women for work of equal value, and to provide a copy of any amendments adopted.

3. Article 3. Objective job evolution. The Committee asks the Government to provide information on the measures taken to promote the development and use of methods for the objective evaluation of work as a tool to promote the application of the principle of equal remuneration for work of equal value, as established under section 5(4) of the new Labour Act and the Convention.

4. Part V of the report form. Earnings differentials between men and women. The Committee notes that the Government did not provide any statistical information on the earnings of men and women. It recalls that the collection and analysis of statistical data on earnings, disaggregated by sex, is an important tool in progressing the application of the Convention. The Government is asked to indicate the measures taken to collect and analyse statistical data on remuneration, disaggregated by sex, and to supply such data as soon as it becomes available.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 26(4) of Labour Act No. 1474, which provided for equal wages for men and women for work of the same nature with the same output, has been repealed by the new Labour Act of 22 May 2003 (No. 4857). Recalling its previous comments concerning section 26(4) of Act No. 1474, the Committee notes with satisfaction that section 5(4) of the new Labour Act provides that a lower wage cannot be fixed for the same work or work of equal value on the ground of sex, which is in accordance with the Convention. A violation of section 5 constitutes an administrative offence punishable with a fine of 50 million Turkish liras (section 99). The Committee asks the Government to provide information in its future reports on the practical application and enforcement of section 5(4) of the Labour Act. Such information should include indications concerning the measures taken by the labour inspectors to monitor compliance with section 5(4), relevant judicial and administrative decisions and any sanctions imposed for non-compliance.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 15 December 2003, which relates to issues previously raised by the Committee under this Convention. The Committee will further consider the communication together with the Government’s next report and any observation the Government may wish to make in reply.

Further, 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:

The Committee notes the information contained in the Government’s report, as well as the comments on the application of the Convention submitted by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ).

1. The Committee notes with interest that the revised Civil Code (Act No. 4721) which entered into force on 1 January 2002 repeals a number of provisions of the Civil Code of 1926 which had been considered contrary to gender equality. With reference to its previous comments on discrimination in the payment of certain benefits to public servants for reasons which are linked to their gender, the Committee notes that under the new Civil Code equality of spouses has been established, including in respect to representing the conjugal community in legal matters. The Committee notes the Government’s statement that the legal basis for discriminatory payment of certain benefits to the husband, such as family allowances, no longer exists and that work was under way to reflect these changes in the Civil Service Act No. 657. The Committee asks the Government to keep it informed of the progress made in this regard and to provide a copy of any amendments to the Civil Service Act to ensure equal remuneration, including allowances, of men and women in the civil service in accordance with the Convention. Noting that the Turkish Confederation of Employers’ Associations (TISK) expects that the establishment of equality of spouses will have a favourable effect on the application of the Convention in practice, the Committee invites the Government to provide information, more generally, on the impact of the new equality provisions on the enjoyment of men and women of equality of opportunity and treatment in employment and occupation under Convention No. 111.

2. The Committee notes that TISK refers to section 6, paragraph 4, of the Labour Act No. 1474 which provides for equal wages for men and women for "work of the same nature with the same output". According to TISK this provision did not quite reflect the principle of "equal remuneration for work of equal value" and that it would be appropriate if the provision in question would be brought into line with the wording of the Convention. The Committee notes the Government’s view that for the purpose of the implementation of the Convention there was no substantial difference between the terms "work of equal nature" and "work of equal value". However, the Committee considers that the meaning of "work of the same nature with the same output" and the principle of "equal remuneration for work of equal value" are not identical, having different connotations, and that in practice interpretations of the two concepts may well differ. The Committee believes that formally reflecting the principle of equal remuneration for men and women for work of equal value in the Labour Act would positively contribute to the application of the Convention and encourages the Government to undertake further consideration in this regard, in close cooperation with the social partners.

3. Recalling its previous comments concerning the application of the Convention to all workers, including self-employed workers, the Committee notes from the Government’s report that no legislative amendment respecting atypical work, such as homework, as envisaged by the Eighth Five-Year Development Plan, has yet been adopted. The Committee hopes that any future legislation on atypical work will incorporate the principle of equal remuneration of men and women for work of equal value and asks the Government to provide copies of any amendments made. Please also provide information on any other measures taken in the context of the current Five-Year Development Plan aiming at the reduction of wage inequalities.

4. With reference to its previous comments, the Committee thanks the Government for providing statistical information on the employment of women and men according to occupational groups, economic activity, educational status, and actual hours worked. The Committee notes that in 2001, 61 per cent of all employed women were engaged in the occupational group of agricultural workers, while only 0.8 per cent were employed in the category of "administrative, executive and managerial workers". In comparison, some 30 per cent of all employed men were engaged in agricultural occupations, while some 3.3 per cent were in administrative, executive and managerial occupations. Among the persons being employed in the latter category, only 8 per cent were women. The data concerning the participation of men and women in the various fields of economic activities likewise reveals a very high degree of concentration of women in agriculture. The Committee recalls that horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women and requests the Government to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities). The Government is also asked to continue to provide statistical information on the participation of men and women in employment, including, if available, data on average hourly earnings of men and women in the different occupational groups and sectors of economic activity. Please also provide statistical information on the participation of men and women in employment at the various levels of the civil service.

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

The Committee notes the information contained in the Government’s report, as well as the comments on the application of the Convention submitted by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ).

1. The Committee notes with interest that the revised Civil Code (Act No. 4721) which entered into force on 1 January 2002 repeals a number of provisions of the Civil Code of 1926 which had been considered contrary to gender equality. With reference to its previous comments on discrimination in the payment of certain benefits to public servants for reasons which are linked to their gender, the Committee notes that under the new Civil Code equality of spouses has been established, including in respect to representing the conjugal community in legal matters. The Committee notes the Government’s statement that the legal basis for discriminatory payment of certain benefits to the husband, such as family allowances, no longer exists and that work was under way to reflect these changes in the Civil Service Act No. 657. The Committee asks the Government to keep it informed of the progress made in this regard and to provide a copy of any amendments to the Civil Service Act to ensure equal remuneration, including allowances, of men and women in the civil service in accordance with the Convention. Noting that TISK expects that the establishment of equality of spouses will have a favourable effect on the application of the Convention in practice, the Committee invites the Government to provide information, more generally, on the impact of the new equality provisions on the enjoyment of men and women of equality of opportunity and treatment in employment and occupation under Convention No. 111.

2. The Committee notes that TISK refers to section 6, paragraph 4, of the Labour Act No. 1474 which provides for equal wages for men and women for "work of the same nature with the same output". According to TISK this provision did not quite reflect the principle of "equal remuneration for work of equal value" and that it would be appropriate if the provision in question would be brought into line with the wording of the Convention. The Committee notes the Government’s view that for the purpose of the implementation of the Convention there was no substantial difference between the terms "work of equal nature" and "work of equal value". However, the Committee considers that the meaning of "work of the same nature with the same output" and the principle of "equal remuneration for work of equal value" are not identical, having different connotations, and that in practice interpretations of the two concepts may well differ. The Committee believes that formally reflecting the principle of equal remuneration for men and women for work of equal value in the Labour Act would positively contribute to the application of the Convention and encourages the Government to undertake further consideration in this regard, in close cooperation with the social partners.

3. Recalling its previous comments concerning the application of the Convention to all workers, including self-employed workers, the Committee notes from the Government’s report that no legislative amendment respecting atypical work, such as home work, as envisaged by the Eighth Five-Year Development Plan, has yet been adopted. The Committee hopes that any future legislation on atypical work will incorporate the principle of equal remuneration of men and women for work of equal value and asks the Government to provide copies of any amendments made. Please also provide information on any other measures taken in the context of the current Five-Year Development Plan aiming at the reduction of wage inequalities.

4. With reference to its previous comments, the Committee thanks the Government for providing statistical information on the employment of women and men according to occupational groups, economic activity, educational status, and actual hours worked. The Committee notes that in 2001, 61 per cent of all employed women were engaged in the occupational group of agricultural workers, while only 0.8 per cent were employed in the category of "administrative, executive and managerial workers". In comparison, some 30 per cent of all employed men were engaged in agricultural occupations, while some 3.3 per cent were in administrative, executive and managerial occupations. Among the persons being employed in the latter category, only 8 per cent were women. The data concerning the participation of men and women in the various fields of economic activities likewise reveals a very high degree of concentration of women in agriculture. The Committee recalls that horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women and requests the Government to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities). The Government is also asked to continue to provide statistical information on the participation of men and women in employment, including, if available, data on average hourly earnings of men and women in the different occupational groups and sectors of economic activity. Please also provide statistical information on the participation of men and women in employment at the various levels of the civil service.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report, as well as the comments on the application of the Convention submitted by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS) confirming the application of the Convention by constitutional and legislative provisions.

1. The Committee notes the comments made by TISK that the collective agreements which it concludes provide that men and women workers shall obtain equal remuneration for work of equal value as regards both wages and social benefits. It further notes TISK’s comments that the legislation should be amended to establish the principle of equal pay for work of equal value and that the Government should also provide copies of the statistical information compiled by the State Statistical Institute and the Ministry of Labour and Social Affairs on men and women workers, disaggregated according to branch of activity, level of training, occupational category, seniority, age group and actual hours worked. Recalling its previous requests for information, the Committee would be grateful if the Government would provide the available statistical information with its next report in order to enable it to assess the application in practice of the principle set out in the Convention.

2. The Committee recalls its previous requests for information on the measures taken, within the context of the various five-year development plans, to reduce wage inequalities between men and women workers, as well as its suggestion that the Government should take the opportunity to ensure the application of the principle of equal pay for men and women in the implementation of the recommendations in the Seventh Five-Year Development Plan to reduce wage inequalities. In this respect, and further to its previous comments on the application of the Convention to self-employed workers, the Committee notes the Government’s statement that the Eighth Five-Year Development Plan (published on 5 July 2000 in the Official Journal) includes the amendment of the legislation respecting atypical work, such as home work. Recalling that the provisions of Article 2, paragraph 1, of the Convention provide for the application to all workers of the principle of equal remuneration for men and women workers for work of equal value, the Committee asks the Government to provide copies of the amended legislation in its next report.

3. Recalling its previous comments on discrimination in the payment of certain benefits to public servants for reasons which are linked to their gender, the Committee notes the Government’s statement that these inequalities are based on regulations in civil law, that the preparatory work to amend this legislation has been completed and that a bill was presented by the Government to Parliament in December 1999, which will nullify the discriminatory provisions to which the Committee has made reference. The Committee hopes that this bill will be adopted soon and that a copy will be provided with the next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government. It also notes new comments on the application of the Convention submitted by the Turkish Federation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS) which reiterate to a large extent the comments from previous years.

1. In previous direct requests, the Committee had noted the comments made by TÜRK-IS that in the public sector, employees who may hold different status ó namely "workers", "civil servants" or "contract personnel" -- carry out exactly the same work, but enjoy completely different rights, freedoms and remuneration. The Committee notes that TÜRK-IS again raises this point while TISK maintains its comments confirming the application of the Convention by constitutional and legislative provisions. The Committee notes the Government's reply that the remuneration system of Turkish public employees, although completely free of gender bias, is nevertheless considered as an area which should be tackled. The Government refers in this regard to the proposed recommendations included under the Seventh Five-Year Development Plan to render the public service more efficient and to reduce wage inequality in the public sector. The Committee wishes to recall that the Convention only enshrines the principle of equal remuneration on the basis of sex and not on the basis of a worker's contractual status. Nevertheless, the Committee has also pointed out on several occasions that efforts to improve and rationalize the wage system in general implicitly facilitate the application of the principle of equal remuneration for men and women for work of equal value. While maintaining its opinion that the fact that the abovementioned groups in the public service receive differing remuneration is not relevant in the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to seize the opportunity to ensure the application of the principle of equal pay for women and men in the implementation of the recommendations in the Seventh Five-Year Development Plan to reduce wage inequalities in the public sector, and to keep it informed of any developments in this regard.

2. Further to its previous comments on the discriminatory payment of certain components of remuneration to a public servant which are linked to sex, the Committee notes the government statement that the Draft Bill on Financial and Social Rights and Benefits of Civil Servants and Other Public Employees prepared by the State Personnel Department stipulates that each component of a benefit will be split between husband and wife equally, when both are civil servants. The Committee welcomes this provision and trusts that the new Bill will take into account the comments raised in its previous direct request on the systematic use of gender-neutral language, not prejudging the sex of the workers concerned, and looks forward to receiving a copy of the Bill, upon adoption.

3. As regards the application of the Convention to self-employed workers, the Committee notes the government statement that "dependent self-employment" in the context of the Committee's definition (referred to in its previous direct request) is experienced in Turkey only for home work mainly carried out by women. The Government further states that according to 1997 statistics there are 117,000 women homeworkers of a total of 5.5 million working women, and that, therefore, there is no urgent need to initiate a campaign promoting the application of the principle of the Convention for this category of workers. The Committee wishes to recall that the provisions of Article 2, paragraph 1, of the Convention provide for application to all workers the principle of equal remuneration for men and women workers for work of equal value, and requests the Government to indicate any measures taken or contemplated, in addition to promotional campaigns, to ensure that this category of workers is not excluded from the benefits of the Convention.

4. The Committee further wishes to draw the Government's attention to the need to provide sufficient information to enable the Committee to assess the implementation of the Convention in practice, and refers in this regard to its general observation of 1998 on this Convention. In this connection, the Committee notes from the Government's periodical report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), the efforts undertaken by the Government to improve, in general, the educational and employment opportunities for women. The Committee refers in this regard to its comments made under Convention No. 111, and wishes to underline the importance of such measures to facilitate the application of the provisions of the Convention. It also requests the Government to provide information on how the application of the principle of equal remuneration for men and women for work of equal value is promoted in the private sector, and the measures taken to cooperate with employers' and workers' organizations for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government, including the fact that the job evaluation exercise in the public sector is still in progress and that it will communicate the results as soon as it is finalized. It also notes the comments on the application of the Convention submitted by the Turkish Federation of Employer Associations (TISK) which confirm the application of the Convention by constitutional and legislative provisions, and by the Confederation of Turkish Trade Unions (TURK-IS).

1. In its previous direct request, the Committee requested the Government to supply full information on the issue raised by TURK-IS in its communication of 4 July 1994, that in the public sector employees who may hold different status - namely, "workers", "civil servants" or "contract personnel" - carry out exactly the same work, but enjoy completely different rights, freedoms and remuneration. The new comments from TURK-IS reiterate this point while, in its report, the Government points out that the Convention deals with discrimination on the basis of sex. The Committee also reminds TURK-IS that the Convention enshrines the principle of equal remuneration regardless of the sex of the worker and not of his or her contractual status. Noting that there is no suggestion that either of the above-mentioned groups consists exclusively or largely of women, compared to the others, the Committee is of the opinion that the fact that in the public sector "workers", "civil servants" or "contract personnel" receive differing remuneration is not relevant in the application of the principle of equal remuneration for men and women for work of equal value.

2. In its previous comments, the Committee drew the Government's attention to the discriminatory effect of the fact that payment of certain components of remuneration to a public servant is linked to sex (family benefits and child allowances are systematically paid to the husband when the husband and wife are both public servants). From a reading of the Government's report, the Committee notes that this is always the case despite affirmations to the contrary by the Government. In fact, it would appear that for the competent public authorities it is a matter of avoiding double payment of family benefits, child allowances, housing allowances, etc. where both members of a couple are public servants. In these circumstances, the Committee suggests that the Government consider amending the relevant instruments so that when both members of the couple are public servants, only one of them shall receive family benefits, child allowances, housing allowances, etc., and therefore leaving it to the couple to decide which of them shall be paid the allowances. The Committee also notes that benefits for dependent children are paid to divorced or widowed female public servants for children in their custody. It trusts that the same applies where the public servant who has custody of dependent children is a divorced or widowed man. At a more general level, the Committee's view is that the systematic use of neutral language, not prejudging the sex of the worker concerned, would allow such discrimination to be avoided (in this respect, see paragraph 240 of the 1986 General Survey on equal remuneration). The Committee therefore requests the Government to provide information on the measures taken or contemplated in order to ensure that no discrimination based on the sex of a public servant occurs in payment of these benefits.

3. Noting the Government's statement that in Turkey self-employed workers are not covered by the principle of the Convention, the Committee stresses that the principle of equal remuneration enshrined in the Convention applies to all workers without exception (see paragraph 18 of the above-mentioned General Survey). The Committee considers that a distinction should be made here between, on the one hand, the self-employed individual who engages in entrepreneurial activities generating profits from an independent economic activity, and, on the other hand, individuals who are economically dependent upon a particular source for their income and who are thus not genuinely "self-employed". Recalling also that in its general observation of 1992, it drew attention to the fact that the provisions of Article 2, paragraph 1, of the Convention provide for application to all workers of the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to inform it of any measures taken or contemplated, for example, through campaigns promoting the principle of equality of remuneration, to ensure that this category of workers is not excluded from the benefits of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that, in a communication of 4 July 1994, the Confederation of Turkish Trade Unions (TURK-IS) states that in the public sector employees who may hold different status - namely, "workers", "civil servants" or "contract personnel" - undertake exactly the same work, but enjoy completely different rights, freedoms and remuneration. The Government was invited, by a letter dated 8 August 1994, to make such comments as it might see fit on this matter. Noting that no reply has been supplied in this connection, the Committee requests the Government to provide, with its next report, full information on this matter in so far as it concerns the application of the principle of equal remuneration for men and women for work of equal value.

The Committee notes in the meantime that the points outstanding in its previous direct request concerned the following:

1. In its previous comments, the Committee had asked for information on the measures taken to ensure that all remuneration above the basic or minimum wage was paid without discrimination on the basis of sex. The Committee had noted that, in practice, various benefits and bonuses were paid regardless of the sex of the workers, but nevertheless asked the Government eventually to consider ensuring through legislation the application of the principle of equal pay to all payments, benefits and bonuses. It notes from the current report that the Government repeats that section 26 of the Labour Act No. 1475 provides for equal remuneration for equal output by men and women and that Act No. 657 on conditions of employment in the public service, while not specifically prohibiting wage discrimination on the ground of sex, ensures that men and women public officials holding the same posts with equal grades will be paid the same cash remuneration. The Committee again expresses the hope that, in accordance with the broad definition of "remuneration" contained in the Convention and explained in paragraphs 14 to 16 of the Committee's 1986 General Survey on Equal Remuneration, the Government will give further consideration to enshrining this in the legislation at an opportune time.

2. Regarding its past comments on the measures taken to promote objective job evaluation, the Committee notes that, according to the report, such appraisal is used in the secondary sector but no statistics are available on its application. The Committee observes that a job evaluation exercise covering government departments and state enterprises is currently under way with a view to administering salaries and that the Government will inform the Committee of its results once available. The Committee looks forward to receiving a copy of the outcome of this public sector job evaluation, in particular: (i) data on the applicable wage scales and the number of men and women employed at the various levels of responsibility; and (ii) statistics, if available, on the actual level of pay received by men and by women in this sector.

3. The Committee notes that the Government reported, in September 1992, to the Fifth Session of the ILO Joint Committee on the Public Service that "No pay differentials exist in the public service to the detriment of women. However, family benefits and child allowances are paid to the husband if both couples (sic) are public servants." The Committee refers the Government to paragraphs 86, 210 and 211 of its 1986 General Survey on Equal Remuneration where the Committee examined the discriminatory effects of granting certain elements of the remuneration package to public servants of one sex and not to the other. The Committee asks the Government to inform it of any measures taken or contemplated to ensure that there is no discrimination based on the sex of the public servant in the granting of those benefits and allowances.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring to its earlier direct requests, the Committee notes the information contained in the Government's report and the attached documentation in reply to certain points raised previously.

1. In its previous comments, the Committee had asked for information on the measures taken to ensure that all remuneration above the basic or minimum wage was paid without discrimination on the basis of sex. The Committee had noted that, in practice, various benefits and bonuses were paid regardless of the sex of the workers, but nevertheless asked the Government eventually to consider ensuring through legislation the application of the principle of equal pay to all payments, benefits and bonuses. It notes from the current report that the Government repeats that section 26 of the Labour Act No. 1475 provides for equal remuneration for equal output by men and women and that Act No. 657 on conditions of employment in the public service, while not specifically prohibiting wage discrimination on the ground of sex, ensures that men and women public officials holding the same posts with equal grades will be paid the same cash remuneration. The Committee again expresses the hope that, in accordance with the broad definition of "remuneration" contained in the Convention and explained in paragraphs 14 to 16 of the Committee's 1986 General Survey on Equal Remuneration, the Government will give further consideration to enshrining this in the legislation at an opportune time.

2. Regarding its past comments on the measures taken to promote objective job evaluation, the Committee notes that, according to the report, such appraisal is used in the secondary sector but no statistics are available on its application. The Committee observes that a job evaluation exercise covering government departments and state enterprises is currently under way with a view to administering salaries and that the Government will inform the Committee of its results once available. The Committee looks forward to receiving a copy of the outcome of this public sector job evaluation, in particular (i) data on the applicable wage scales and the number of men and women employed at the various levels of responsibility; and (ii) statistics, if available, on the actual level of pay received by men and by women in this sector.

3. The Committee notes that the Government reported, in September 1992, to the Fifth Session of the ILO Joint Committee on the Public Service that "No pay differentials exist in the public service to the detriment of women. However, family benefits and child allowances are paid to the husband if both couples (sic) are public servants." The Committee refers the Government to paragraphs 86, 210 and 211 of its 1986 General Survey on Equal Remuneration where the Committee examined the discriminatory effects of granting certain elements of the remuneration package to public servants of one sex and not to the other. The Committee asks the Government to inform it of any measures taken or contemplated to ensure that there is no discrimination based on the sex of the public servant in the granting of those benefits and allowances.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report and the comments made by the Turkish Confederation of Employer Associations (TISK).

1. In its previous comments, the Committee sought information on the measures taken to ensure that all remuneration above the basic or minimum wage was paid without discrimination on the basis of sex. The Committee notes from the report that supplementary emoluments paid in addition to basic wages covered by the Labour Act No. 1475 (section 26(4)) are also legally guaranteed within the scope of provisions laid down in Act No. 2822 respecting collective labour agreements, strikes and lockouts (5 May 1983). In this regard, the Committee also notes the statement of the Turkish Confederation of Employer Associations that there is no differentiation on the basis of sex in the wage increments included in collective agreements; and that job evaluation has become common, in recent years, as the means of determining the basic wages and wage increments applying in collective agreements. The Committee has also noted the texts of the collective agreements provided by the Government (viz. agreement between the Pamuk Bank and the Bank Insurance Workers' Union 1991 and the agreement between the Turkish Knitting and Clothing Industry Workers' Unions and the Employers' Association of Turkish Textile Industries 1991) which provide for a range of benefits and bonuses, without distinction as to sex.

The Committee hopes that the Government will, nevertheless, bear in mind the possibility of ensuring legislatively that all payments, benefits and bonuses be granted or awarded without distinction as to sex; and suggests that further consideration might be given to this matter in the context of any forthcoming assistance provided by the International Labour Office.

2. The Committee has noted the information supplied by the Government and the TISK in response to the Committee's request for details on the measures taken to promote the objective appraisal of jobs, the methods used, and the extent to which those measures have brought about an effective application of the Convention. The Committee recalls that it had sought this information in order to clarify the practical application of section 26(4) of the Labour Act, under which equal wages without any distinction on the grounds of sex are paid to male and female workers who perform work of the "same nature" and attain the "same output". According to the report, Governmental policy dictates that emphasis is to be placed on job evaluation in wage determination not only for achieving equity but for developing manpower productivity and qualifications and for creating a competitive climate favourable to an output growth. Bonuses will be granted to labourers in proportion to the production increases. In addition, steps will be taken to base the wage systems in collective agreements on such techniques as productivity, job evaluation and qualification appraisal. The Government states that, to this end, the principle of "equal pay for equal work" will be applied in combination with the tenet "equal pay for equal productive labour" which encompasses the productivity and qualification assessments. The Government also points out that the National Productivity Centre has carried out numerous job evaluations in both the private and public sectors, using a points-rating system and that a number of other organisations can also perform such evaluations in line with the Governments' policies. The comments communicated by the TISK state that it is an objective laid out in the Sixth Five-Year Development Plan 1990-94 for all branches of industry to use job description and job evaluation as a basis for their wage systems. The Committee also notes from the Government's report that while the principle of job evaluation is commonly accepted, a lack of knowledge and understanding at the administrative levels of the public and private enterprises and the lack of interest of trade unions are the most usual difficulties encountered. The Committee requests the Government to continue to supply information on the extent to which job evaluation is used as a means to differentiate wages and to indicate whether, in addition to providing a basis for setting wages in a particular enterprise or industry, job evaluation has also been used to determine whether the principle of equal pay for work of equal value between men and women is in fact being applied in enterprises or industries employing a significant number of women.

Referring to paragraph 5 below, the Committee hopes that the Government will also bear in mind the desirability of ensuring full legislative conformity with the principle of the Convention; and requests that further consideration be given to this issue during the course of activities undertaken by the Office to assist the Government to overcome difficulties concerning the application of the Convention.

3. The Committee notes from the report of the Government that statistical data concerning women is unavailable. Referring to its 1990 general observation in which it expressed the hope that governments, employers' and workers' organisations would endeavour to collect and analyse data on earnings and related factors in order to document fully the nature and extent of existing inequalities, the Committee urges the Government to take all measures to ensure that such information will soon be available.

4. The Committee has also noted from the report that despite a considerable increase in the labour force participation rate of women, they are still in a particularly disadvantaged position in the labour market, in that they are concentrated in a narrow range of occupations at the bottom of the job hierarchy with low levels of education, training, productivity and pay. The Committee has taken note of the measures related to the occupational promotion of women, including the priority given by the Government to various programmes in the Sixth Five-Year Development Plan and the 1991 Annual Development Programme. It has also noted with interest that a General Directorate of Women's Status and Problems has been established. (Government Decree No. KHK/422 of 19/4/91; Official Gazette No. 20498 of 20/4/91, Annex 6). The Committee requests the Government to provide information concerning the activities of this Directorate in relation to the application of the principle of equal pay; and hopes that the Government will continue to indicate in its future reports under this Convention and more particularly under Convention No. 111, the measures being taken or contemplated to improve the general status of women in the labour market.

5. Referring to its previous comment concerning the application of the Convention in the public sector, the Committee notes the statement in the report that, in accordance with the Constitution and the Civil Servants Act No. 657, no distinction is made on the basis of sex. The Government states that the problems encountered by women in the public sector originate from the same factors that have disadvantaged women in the labour force generally. Moreover, though job evaluation exists for personnel of the State, the Government points to the need for an improvement and reorganisation of the job evaluation system presently applied. The Committee notes the Government's request for the International Labour Office to assist it in applying this aspect of the Convention in the public sector and hopes that it will be possible for the Office to give the necessary advice and assistance both in this regard and as concerns any other problems being experienced with the application of the Convention.

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

The Committee notes the Government's report and the comments by the Turkish Confederation of Employers' Associations.

1. In its previous comments, the Committee noted that, by virtue of section 26, paragraph 1, of Labour Act No. 1475 of 1971, as amended on 29 July 1983, "wages" are defined as "the amount of money to be paid in cash by an employer or a third party to a person in return for work performed", and expressed the hope that it would be possible to take measures in a forthcoming revision of the national legislation so that supplementary emoluments in kind were also taken formally into account in the application of the principle of equal remuneration, in accordance with the Convention.

The Committee notes the Government's reply that section 26 of Labour Act No. 1475 stipulates that wages shall be paid in cash, whatever the nature of the work performed, and that payment in kind shall be prohibited. It also notes the statement in the report that "remuneration" denotes basic wages together with additional cash emoluments, such as social benefits, bonuses, premiums, etc. It further notes the reference in the comments of the Turkish Confederation of Employers' Associations to wage supplements being paid in addition to basic wages (see below). As section 26 of the Labour Act applies only to "wages", please indicate how it is guaranteed that the other components of remuneration, beyond basic wages covered in the Labour Act, are paid in conformity with the Convention.

2. In its previous comments, the Committee observed that under section 26, paragraph 4 of the Labour Act, equal wages without any distinction on grounds of sex are paid to male and female workers who perform work of the "same nature" and attain the "same output", and pointed out that the principle of equal remuneration for men and women workers, set forth in Article 2 of the Convention, refers to work of "equal value". It requested the Government to indicate the measures taken or contemplated to give effect to this principle, particularly in cases where in practice men and women perform work of a different nature but of equal value.

The Committee notes from the Government's report the reference to the last sentence of paragraph 4 of section 26 of the Labour Act, stating that no provision contrary to the first sentence of paragraph 4, section 26, may be included in any collective agreement or contract of employment. However, the provisions of that sentence may not be in entire conformity with the Convention, as has been pointed out.

The Committee refers to paragraph 21 of its 1986 General Survey on Equal Remuneration, where it concludes that the idea of work of equal value necessarily implies some comparison between jobs.

The Committee notes from the comments by the Turkish Confederation of Employers' Associations that in collective labour agreements concluded in Turkey in recent years there is a widespread application of the fixing of basic wages and wage supplements according to a job evaluation system. The Committee requests the Government to supply in its next report information on the measures taken by the Government to promote the objective appraisal of jobs on the basis of the work to be performed, on the methods used in practice to carry out an objective appraisal of jobs, and on the results thereof with regard to the effective application of the principle of equal remuneration for men and women workers for work of equal value. It requests the Government to include information with respect to situations where wages higher than the legal minimum are paid, and particularly in economic sectors employing a large number of women. The Committee would appreciate receiving statistical information on the average wages of men and women workers, to the extent that this information is available.

3. In its previous comments, the Committee referred to section 5 of the Labour Act, as amended in 1983, which excluded from its scope agricultural work (with the exception of work performed in the agricultural industries). The Committee refers to the observation it is making under Convention No. 95, where it notes with satisfaction the adoption, on 12 April 1989, of Act No. 3528 which makes section 26 of the Labour Code applicable to agricultural workers.

4. The Committee notes that sections 4 and 147 of the Civil Servants Act No. 657, the texts of which were included with the Government's report, contain no reference to the principle of equal remuneration for men and women workers for work of equal value. It requests the Government to include with its next report full information on the practical application of the equal remuneration principle to men and women workers in the public sector, including information on any job evaluation systems used and wage scales applied.