Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee notes that the Government's report, due in September 1997, was only received in December 1997, during the Committee's session, but without the observation of the Confederation of Turkish Trade Unions (TURK-IS) which, according to the Government, was attached to the report.

The Committee notes the observation made by the Turkish Confederation of Employers' Associations (TISK) concerning the implementation of the minimum wage provisions in the country. The TISK states that the form and application of the minimum wage regulations, which is based on the Labour Act No. 1475/71, has no aspects that are contrary to the Convention. However, it makes various requests for changes to be made in the relevant legislation as concerns: (i) the determination of minimum wages by collective bargaining in the establishments covered by collective labour agreements; (ii) the need for redefinition of the minimum wage; (iii) the criteria for minimum wage determination; (iv) the renewal period for minimum wage; (v) the age limit for minimum wage; (vi) the tax burden on minimum wage; (vii) the relationship between legal fines and minimum wage; and (viii) the need for further consultation of employers' and workers' organizations in the framework of the Minimum Wage-Fixing Board.

The Committee notes that the report does not contain the Government's comments in response to this observation. It requests the Government to provide information in this respect.

Homeworkers and domestic workers

The Committee previously requested the Government to indicate the measures taken to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for categories of homeworkers considered to be workers under the terms of the Code of Obligations. It also requested the Government to indicate the measures adopted to ensure the existence of minimum wage fixing machinery and the effective fixing of minimum wages for domestic workers who respond to the criteria set out in Article 1, paragraph 1, of the Convention (absence of arrangements for the effective regulation of wages and the low level of wages).

The Government considers that as the persons under these categories of workers are not covered by the Labour Act No. 1475, it is not possible for them to benefit from the minimum wages. Despite being a new form of labour resulting from the developments in technology on the one hand, and in the labour market, on the other, there is neither any reliable data available to the extent of the practice of such new form of employment, nor any legal arrangement regulating them in Turkey. Therefore, the Government has started to study, with an open mind, the measures that can be adopted so as to bring the legislation and related implementation in line with the standards set by the ILO by taking into account all the Committee's comments. Pending the outcome of this undertaking, the Government requests the Committee to postpone taking a stand on this matter.

The Committee notes these indications and requests the Government to provide information concerning this review process so as to bring the legislation and practice for homeworkers and domestic workers into conformity with the Convention.

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