Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (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.