Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (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.