Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (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, paragraph 1, and Article 3, paragraph 1, of the Convention. Minimum wage fixing machinery and coverage of the minimum wage. The Committee notes that, under section 39 of the new Labour Law, the national minimum wage is established at least once every two years by the Government upon consulting the tripartite Minimum Wage Determination Committee and applies to workers of all sectors working under employment contracts, whether they are covered by the Labour Law or not. In addition, the Committee notes the Government’s indication that, even though pursuant to section 4 of the Labour Law workers engaged in home work and domestic services fall outside its scope of application, they are nonetheless covered by the national minimum pay rate established in accordance with section 39 of the Labour Law. While noting with interest that the protective coverage of the national minimum wage has been extended to apply to homeworkers – a point on which the Committee has been commenting for a number of years – the Committee requests the Government to clarify whether other provisions of the Labour Law related to enforcement of the national legislation in respect of minimum wages, such as, for instance, section 92 on inspection and section 102 on sanctions apply also to home work and domestic work.

Article 3, paragraph 2(2). Consultations with social partners and periodic adjustment of the minimum wage. The Committee notes that, under section 39 of the Labour Law, the worker and employer members of the tripartite consultative minimum wage-fixing body are appointed by the workers’ and the employers’ organization having the highest membership. In this regard, the Committee would be grateful if the Government would specify whether and how smaller workers’ and employers’ organizations are associated in the operation of the minimum wage fixing machinery.

In addition, the Committee notes that the State Statistics Institute (TUIK) establishes a subsistence wage based on the minimum nutritional needs of a worker (3,540 calories per day) to serve as a basis for the tripartite discussions on the minimum wage level. Recalling that the Convention seeks to ensure decent wage levels for workers and their families, covering not only needs with respect to food but also other basic needs such as clothing, housing, medical care, schooling and leisure, the Committee requests the Government to indicate the manner in which the workers’ non-nutritional needs are assessed and are taken into consideration in the minimum wage fixing process.

Article 4. Supervision and sanctions. The Committee notes the Government’s reference to section 102 of the Labour Law prescribing an administrative fine of 100 new Turkish lira (approximately US$83), to be annually adjusted under section 17 of Act No. 5326 of 30 March 2005, for failure to pay the full amount of the minimum wage. The Government explains that, based on these provisions, an employer would currently be liable to a fine of 167 new Turkish lira (approximately US$138) for each month of non-payment or underpayment of the minimum wage and for each worker affected. The Committee would appreciate receiving specific information on: (i) the application of such measures in practice showing the number of inspection visits carried out and violations of the minimum wage legislation reported; (ii) any measures taken or envisaged with a view to strengthening the supervision of the minimum pay rates in force, especially in home‑working trades and the informal sector. Moreover, noting that the national monthly minimum wage is currently set at 608 new Turkish lira (approximately US$504), the Committee would be grateful if the Government would provide explanations as to whether the monetary sanctions currently in force may be considered truly dissuasive and adequate for preventing violations of the national legislation in respect of minimum wages.

Part V of the report form. The Committee would appreciate if the Government would continue to provide all available information on the practical application of the Convention, including, for instance, the minimum wage rates in force, the approximate number of workers remunerated at the minimum wage rate, statistics on the evolution of economic indicators such as the inflation rate as compared to the evolution of the national minimum wage in recent years, copies of collective agreements fixing minimum wages for specific sectors or branches of economic activity, extracts from official documents or studies relating to wage policy, such as activity reports of the Minimum Wage Determination Committee or the TUIK, etc.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on 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. 26 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 marks certain advances 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 a national minimum wage of general application (and not only minimum wages for those workers employed in exceptionally low-paid trades where no arrangements for collectively negotiated wages exist, as prescribed by Convention No. 26) and its legislation appears to broadly reflect the provisions of that Convention. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.