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A Government representative first indicated, concerning the exclusion of home work from the scope of the Labour Act No. 1475 and consequently from the minimum wage-fixing machinery, that the Labour Act excluded from its scope "work performed at home by the members of a family or close relatives, involving handicrafts and without participation of anybody else from outside". He considered, therefore, that all other types of industrial work, as defined in Convention No. 26, were within the scope of the law and that the Convention was fully respected. He added that any international labour standards to be adopted in the future on home work would also be taken into consideration by the Government.

As to the question of fines, he emphasized that an employer who had not paid the statutory minimum wage would not be relieved from the full payment of this wage by having paid the fine, and that the worker would be entitled to recover not only the difference due but also any interest on delay. Referring also to the high inflation rate of about 80 per cent annually, which was causing a problem for any such fines, he stated that a draft amendment to raise the amount of fines concerning the implementation of the Labour Act, according to the present value of the Turkish lira, had already been submitted by the relevant commissions to the General Assembly of Parliament. He added that the minimum wage in Turkey was fixed by means of tripartite participation and assured that a detailed report would be submitted before 1 September 1995 as requested by the Committee of Experts.

The Workers' members pointed out that the first question raised by the Committee of Experts was about the texts which regulate conditions of homeworkers and, in particular, the measures taken to fix the minimum wages for them, and that further information was necessary on this matter. They recalled that Convention No. 26 was of general scope including homeworking trades. The second point was about the measures to ensure the effective enforcement of the minimum wage. If the real value of the amount of fine decreased with inflation, the system of fines would not maintain its deterrent effect against violation of the minimum wage. Especially in the situation of inflation, the minimum wage needed to be reviewed, while the Turkish law provided for such reviews every two years. As raised by the Committee of Experts in the third point, effective consultation became necessary in this regard. Therefore, full information should be requested as to how the employers' and workers' organizations were associated in the operation of the minimum wage-fixing machinery.

The Employers' members considered that under Article 2 of the Convention, member States were free to decide which trades or parts of trades were to be covered by the Convention. As to the second question, they thought that Article 4 of the Convention required the member State to ensure that the wages were not paid at a lower rate than the minimum wage but did not mention the nature of the sanctions. Referring to paragraph 116 of the general part of the report concerning the level of sanctions and fines, they were of the view that only under Conventions which explicitly referred to such sanctions and fines could such demand be made: this was a matter for domestic law. Regarding the third question, they recalled that the actual level of the minimum wage was not laid down in the Convention and the question was how the social partners were participating in the procedure of minimum wage fixing.

Noting that the Committee of Experts had asked the Government to answer these three questions, they thought that the Committee should refrain from making assessment at this stage and should request the Government to provide answers.

The Workers' member of Turkey emphasized the importance of the protection of homeworkers, who were generally treated as self-employed workers in Turkey, because of the increase of informal and precarious employment. The authorities were aware of difficulties in the implementation of the minimum wage and data were necessary on the prosecutions on its violation. Given the importance of clandestine employment, 4 million in number, and 45 per cent of employees, effective measures were especially needed. He referred to the decrease of the minimum wage in terms of US dollars because of the inflation rate of 140 per cent, and urged the Government to ratify the Minimum Wage-Fixing Convention, 1970 (No. 131).

The Government representative explained the form of minimum wage-fixing machinery under section 33 of Act No. 1475: a tripartite body comprising five persons with expertise, five workers' representatives and five employers' representatives fixed the minimum wage, taking into consideration such factors as social and economic conditions, living indices, tendency in wages and economic branches concerned. The quorum was at least ten members and the decision was taken by majority vote.

The Committee took note of the statement of the Government representative, according to which, in his view, the exclusion of homeworkers from the Labour Act was consistent with Convention No. 26, that there was statutory protection as regards minimum wages, that proposals for enhancing the fine for non-payment of minimum wages taking account of inflation were already under tripartite consultation and that a full report would be furnished by 1 September 1995. Considering that the spread of homeworkers in Turkey was rather wide, the Committee urged the Government that, in the report promised by them within the deadline, they should give full information, supplemented by the relevant texts of the law, on all issues raised by the Committee of Experts, establishing that homeworkers were in fact covered by the Labour Act and that the tripartite consultations, reportedly initiated, were effective and meaningful.

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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.

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Articles 1 and 3 of the Convention. Coverage and determination of minimum wage levels. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) concerning the application of the Convention.

TISK continues to consider inadvisable to bring home-based trades within the scope of the minimum wage legislation. Not only is it impossible to determine the minimum wage for piecework, bearing in mind that home working trades are usually engaged in piecework, but it is also not always clear whether those working at home are self-employed or parties to an employment relationship. As regards the periodic readjustment of the minimum wage, TISK maintains that other economic factors apart from the inflation rate should be taken into consideration, such as for instance the economic crisis, market slowdown, decline in productivity, and increased unemployment. TISK suggests that lower minimum wages should apply to young persons as from the age of 20 rather than the age of 16 in an effort to prevent the growing youth unemployment. Finally, TISK considers that the fight against the informal economy would need lower taxation, simplifying bureaucracy and additional incentives for formal employment.

TÜRK-IŞ believes that the level of the minimum wage is far from adequate to provide a humane standard of living and that the country’s economic situation is used as an excuse for keeping the minimum wage exceptionally low. The workers’ organization also states that while the economy has grown by 35 per cent over the past four years, workers remunerated at the minimum pay rate have not been able to share any concrete benefits. According to statistics of the social security institution, two out of every five formal workers are paid at the minimum wage. Moreover, TÜRK-IŞ alleges that at present the minimum wage can hardly cover 64 per cent of the hunger level and 20 per cent of the poverty level, which means that a working family receiving the minimum wage can eat healthily for just 19 days and can enjoy a decent standard of living for only six days per month. Finally, TÜRK-IŞ draws attention to the homeworking trades which are not protected by minimum wage legislation and also to the important ongoing problem of informal employment. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ.

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

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The Committee notes the report provided by the Government, and the comments made by the Turkish Confederation of Employer Associations (TISK), the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ).

I.  Application of minimum wage fixing machinery
  to home-based industries

1. With regard to the question of home work, TISK considers, in its comments provided in 2001 and 2002, that regulations in this field must take into account the differences in conditions and practices in each region, sector and enterprise. According to TISK, any form of standardization in the field of home work would affect the competitiveness of enterprises and would to a large extent eliminate the function fulfilled by this flexible form of employment. There is also a risk, if home work is subjected to regulations that are too strict, that jobs in the sector would shift to the informal sector of the economy. TISK considers, in this respect, that regulations in this field could not be based on the Labour Act No. 1475, since home work cannot be qualified as an employment relationship in the absence of the element of dependence by workers on the employer. TISK believes that it is unclear whether homeworkers can be considered as "employees", or rather as being "self-employed". Moreover, as home work is generally paid on the basis of piece-work, the establishment of a minimum wage would be impossible in view of the disparate nature of the work performed. TISK considers that, for all these reasons, an amendment of the national regulations on minimum wages with a view to including home work is not appropriate.

2. The Committee notes that the Government indicates in its report, with regard to home work, that the preparation of legal provisions respecting minimum wages in non-standard forms of work has not progressed adequately during the Seventh Five-Year Development Plan. For this reason, the Eighth Five-Year Plan, covering the period from 2001 to 2005, continues to have the objective of limiting unregistered employment, which continues to have an adverse effect on industrial relations and enterprises. The Government indicates in this respect that home work and domestic work are the two main fields in which the preparation of legislative texts is envisaged. However, it adds that difficulties have been encountered in defining the terms "worker", "employer" and "workplace". The Government also indicates that this issue has been the subject of reflection by the Supreme Court of Appeal, which found in a decision issued in June 2000 that, where the work is carried out under the instructions of an employer, it could constitute work performed under a contract of employment, even though it is paid at piece-rates.

3. The Committee recalls that, by virtue of Article 1 of the Convention, machinery must be created whereby minimum rates of wages can be fixed for workers employed in trades in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low, and particularly in trades or parts of trades carried on at home. The Committee regrets that, despite the commitments made in this respect on several occasions, the Government has still not succeeded in adopting laws or regulations extending the scope of the minimum wage to the above industries. It firmly hopes that the Government will make every effort to ensure that these categories of particularly vulnerable workers benefit, as soon as possible, from the provisions of the national legislation relating to minimum wages.

II.  Consultation and participation of employers’ and workers’
organizations for the determination and operation of
minimum wage fixing machinery

4. The Confederation of Progressive Trade Unions of Turkey (DISK) considers, in the comments made in 2001 and 2002, that the national legislation is not in accordance with Article 3, paragraph 2, of the Convention. Certain trade unions, such as DISK and the Confederation of Real Trade Unions of Turkey (HAK-IŞ), are not represented on the Minimum Wage-Fixing Board, which was established under section 33 of the Labour Act and is composed of five members representing each of the parties, with employers’ and workers’ organizations being selected from among the most representative. In view of the fact that the decisions of this Board are adopted by majority and that the Turkish State is the largest employer in the country, in the view of DISK there is an obvious imbalance between workers’ representatives, on the one hand, and employers’ representatives, on the other. DISK therefore considers that consultations have not been held within the meaning of Article 3, paragraph 2(1), of the Convention, and that all the organizations of employers and workers concerned have not been consulted, in accordance with Article 3, paragraph 2(2).

5. The Committee notes with concern that the Government’s report does not contain information on the comments made by this organization. It recalls that, under the terms of Article 3, paragraph 2(1) and (2), of the Convention, all the organizations of employers and workers concerned shall be consulted for the purposes of determining the minimum wage fixing machinery and shall participate in its application. While waiting for the Government to provide its observations on the comments made by DISK, the Committee urges the Government to take all appropriate measures to ensure that the social partners participate on an equal footing in both the determination and operation of minimum wage fixing machinery.

III.  Revision of the minimum wage fixing machinery

6. In the comments made in 2001 and 2002, TISK expresses the hope that the Government will be able to complete the amendment of the national legislation reviewing the minimum wage fixing machinery. TISK indicates that it is in favour of differenciated treatment, based on whether or not a collective agreement is applicable in the workplace. It also hopes that an amendment will be made as soon as possible allowing derogations from the minimum-wage legislation where a collective agreement is applicable by permitting the determination of minimum wages by means of collective bargaining. TISK recalls that, under the terms of Article 1 of the Convention, minimum wage fixing machinery has to be created where no arrangements exist for the effective regulation of wages by collective agreement. It therefore considers that, a contrario, where collective agreements exist, the minimum wage should not be applicable.

7. With regard to the revision of the minimum wage fixing machinery, the Government indicates that the national Constitution was amended on 3 October 2001 and that article 55 of the Constitution now provides for the determination of minimum wages on the basis of the living conditions of workers, which should enable workers to maintain their standards of living. The Government adds that its Action Plan for 2001 provided for studies to be undertaken concerning the amendment of regulations on minimum wage fixing machinery. As it was not possible to complete these studies on time, this objective was also included in its Action Plan for 2002 with the target of adopting the amendments respecting minimum wage fixing machinery before the end of 2002.

8. The Committee notes that the Government’s report does not reply directly to the points raised by TISK and it therefore requests it to indicate its position on these matters in its next report. Furthermore, it recalls that under the terms of Articles 1 and 3, paragraph 2(3), of the Convention, read together, where a minimum wage has been established by law as being applicable to certain trades or parts of trades, it becomes compulsory for the employers and workers concerned, who cannot lower it either by individual agreements or, unless the competent authority gives general or specific authorization, by collective agreement. Furthermore, the Committee requests the Government to keep the International Labour Office informed of any technical measures taken in future to modify the minimum wage fixing machinery and continues to hope that the Government will make every effort to achieve a consensus on the proposed amendment to the minimum wage fixing machinery, and that it will soon be in a position to announce practical improvements in this respect.

IV.  Application of the Convention in practice

9. The Committee notes that TÜRK-IŞ reiterates the comments attached to the Government’s previous report. According to TÜRK-IŞ, the system of home work, which includes domestic workers as well as "subcontracted" workers, is the most common form of evading the protection provided for workers by the labour legislation and the national legislation on minimum wages should also apply to these two categories of employment. Furthermore, TÜRK-IŞ considers that the system of supervision of minimum wages is ineffective and the penalties very inadequate to prevent cases of non-compliance with the legislation, particularly when account is taken of the proliferation of clandestine employment and the growing numbers of small enterprises created in the informal sector.

10. With reference to the Committee’s observation in 2001 with regard to the measures taken or envisaged for the reinforcement of the supervisory and inspection machinery, especially in relation to homeworkers and workers employed in the informal sector, TISK considers that such measures are not the only means of combating in an effective manner practices which are mainly caused by economic factors. TISK considers that it is necessary to introduce greater flexibility into the national legislation and reduce the liability of employers, which adversely affects the workforce.

11. The Government indicates in this respect in its report on the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), that, since the entry into force on 1 August 1999 of Act No. 4421, the amount of the fines envisaged by Labour Act No. 1475 has been multiplied twelve fold. It also recalls that the Labour Inspection Department of the Ministry of Labour and Social Security has been carrying out studies with a view to modifying its inspection methods and to making labour inspection more effective. In this respect, it has targeted the implementation of sectoral inspections and inspections in small-scale enterprises. The Government adds that the recruitment of 100 new assistant labour inspectors was completed in 2001. With regard to the penalties imposed in cases of violations of the legislation on minimum wages, the Government states that it does not have detailed statistical information on the number of workers who have been the victims of such violations. However, it indicates that the work of compiling statistical data is currently under way with a view to achieving a better evaluation of the results of inspections. While awaiting the latter, the Government indicates that, of the 28,217 enterprises inspected in 2001, a total of 21 enterprises were penalized for violations of section 33 of the Labour Act respecting the minimum wage and that the total amount of the penalties imposed was around 196,000 million Turkish lira.

12. The Committee notes this information and hopes that the Government will continue to take all other appropriate measures with a view to strengthening the system of supervision and inspection. It notes that the Government does not specify whether the studies undertaken by the Labour Inspection Department, concluding that it is necessary to undertake sectoral inspections, have had the result of strengthening the supervision and inspection machinery, particularly with regard to homeworkers and workers in the informal sector. The Committee therefore requests the Government to provide more information on the means used to reinforce inspections in these fields, in which evasion of the legislation protecting workers and on minimum wages is reported to be most common.

13. Furthermore, the Committee requests the Government to provide further information on the work carried out on the machinery for determining and applying minimum wages by the Committee of Academics, which has been established to review national law with a view to bringing it into conformity with ILO standards, and which is composed of nine academicians representing the Government and the social partners on an equal footing.

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The Committee notes the information contained in the Government’s report as well as the comments made by the Confederation of Turkish Trade Unions (TÜRK-IS), the Confederation of Turkish Employers’ Associations (TISK), and the Confederation of Progressive Trade Unions of Turkey (DISK). Because of the problem of translation, the Committee intends to analyse the comments made by the TISK and the DISK, together with the Government’s response, in its next report.

1. The Committee has been commenting for many years on the need to amend the national legislation to specifically extend the coverage of the Labour Act to include homeworkers and domestic workers. The Committee regrets to note that the Government is still unable to report any progress in this respect other than stating that according to the Government Plan of Action of 2000 such atypical forms of employment should be regulated, and that a homeworker experiencing problems related to minimum wages might seek protection through the labour inspection or labour courts. The Committee urges the Government to take all necessary action in order to bring the national legislation into full conformity with the Convention with respect to homeworkers, and to provide information on any further developments in this regard.

2. The Committee notes that the comments of TÜRK-IS reiterate in substance those attached to the Government’s previous report. The TÜRK-IS considers that the home-working system, including domestic workers and workers engaged in "contract labour", is the most common form of evasion of the protective labour legislation, and that the national legislation on minimum wages should be extended to encompass these two categories of home-working trades. The TÜRK-IS is also of the opinion that supervision and sanctions in matters of minimum wages are totally insufficient, especially in the light of the spread of clandestine employment and the increasing number of establishments in the informal economy.

In this connection, the Government states in its report that the difficulty in the supervision of home work is a reality because of the nature of the work, and mainly because of the inviolability of the home asylum. The Government indicates that the intervention of labour inspectors is only possible in the case of a complaint or specific demand, but that no such complaint or demand has been submitted to the authorities from the workers concerned. It also states that the direct intervention of labour inspectors will only be possible after appropriate regulations to this effect come into force and that the regulation of flexible or non-standardized types of work is among its medium-term priorities.

The Committee further notes that according to the Government’s report, ad hoc working committees have been established in the Labour Inspection Board in order to improve the efficiency of labour inspection, for instance, by changing the methods of intervention and inspection and targeting the most vulnerable groups of workers. The Government also indicates that the recruitment of 100 new assistant labour inspectors is on the agenda of the Ministry of Labour and Social Security. Further to its previous comments, the Committee again requests the Government to supply detailed information in its next report on the measures taken or envisaged regarding the reinforcement of the supervisory and inspection machinery, especially in relation to homeworkers and workers employed in the informal sector.

3. Regarding the ongoing process of revising the minimum wage-fixing machinery, in relation to which meetings with the social partners have been held since 1997, the Committee notes that such revision should be completed under the Government Plan of Action of 2001. The Committee hopes that the Government will make every effort to reach a consensus on the proposed amendment of the minimum wage-fixing machinery and that it will soon be in a position to report concrete progress to this end.

The Committee notes with interest the information provided by the Government in its report concerning the minimum wage rates fixed for 2000-01 and requests it to continue providing, in accordance with Article 5 of the Convention and Part V of the report form, general information on the manner in which the Convention is applied in practice, including for example changes in the minimum wage rates in force, available statistical data on the number and categories of workers covered by the minimum wage regulations and inspection results, e.g. violations reported and penalties imposed.

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The Committee notes the information provided by the Government in its report, as well as the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Turkish Confederation of Employer Associations (TISK).

The Committee observes, however, that the Government’s report provides no answers to the questions raised in its previous comments. The Committee is therefore bound to repeat its previous observation, which read as follows:

1.  The Committee notes that the report of the Government was only received in March 1999, thus after the Committee’s session in 1998. The Committee takes note of the indication provided by the Government in this report according to which although the term "home work" is not defined and thus not specifically regulated in the Labour Act, it is assumed that there exists a contract of employment between an employer and an employee working at home and engaged in manufacture and commerce that falls under the scope of the Labour Act and the Regulation on Minimum Wage. The Government also states that the Ministry of Labour and Social Security is empowered in section 6, paragraph (III), of the said Act to decide which works other than those enumerated in the same section are to be classified as industrial or commercial. The Committee therefore trusts that the next report of the Government will state that the legislation has been amended to specifically include "home work" within the works enumerated in the section of the Labour Act referred to.

2.  The Committee also notes the information provided by the Government that there are difficulties in supervising home work, that work is recently initiated on home work with a view to determine its practical dimensions and that social partners have been contacted for this purpose. The Committee trusts that the Government will make every effort to ensure in the very near future that the employers and workers concerned are informed of the minimum rates of wages in force, and that wages are not paid at less than these rates in cases where they are applicable (Article 4 of the Convention). Thus, the Committee hopes that the Government will be in a position to supply information with its next report on the organization and working of inspection in relation to home workers (Part III of the report form).

3.  The Committee also notes the information supplied by the Government according to which:

-  since 1987 minimum wages are fixed in shorter spans than the two-year term provided by section 33 of the Labour Act No. 1475; from 1 January 1999, minimum wages are fixed on calendar year basis with six-monthly increases;

-  in 1995-96 the Minimum Wage Board concluded that it would be desirable to establish a tripartite commission to study the methods and principles to be applied for fixing the minimum wages, and the adaptation of the relevant regulation in the light of the results of the studies of this commission;

-  programmes for 1996 and 1997 foresaw the identification of methods to be applied for fixing the minimum wages and the problems in the existing structures, as well as their remedies, requiring preparations for new arrangements;

-  since 1998 several meetings with the participation of social partners have been held within the context of the studies to modify the regulations for fixing the minimum wages and to consider the required amendments together with the proposals of the TISK.

The Committee recalls that the TISK referred to this issue in the comments received in 1998, the content of which was summarized in the Committee’s previous observation. The Committee notes that the comments of the TISK attached to the Government’s latest report, reiterate in substance the content of the previous one. The Committee requests the Government to report on any progress achieved in relation to the above meetings and on the follow-up of the comments of the TISK.

4.  The TÜRK-IŞ states that the home working system is the most common form of evasion of the protective labour legislation. In this respect the TÜRK-IŞ reiterates that the scope of the Turkish minimum wage legislation should be extended to encompass the above categories of "homeworking trades". The TÜRK‑IŞ also refers to the application of Article 4 of the Convention and states that the supervisory system is not working properly because the number of inspectors is insufficient to control the increasing number of small workplaces and clandestine employment, without effective action of the Government in order to strengthen the supervisory mechanism.

The Committee requests the Government to communicate its observations on the comments made by the TÜRK-IŞ.

The Committee will analyse in detail the comments made by the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Turkish Confederation of Employers’ Associations (TISK) together with the Government’s reply to them in its next report.

[The Government is asked to report in detail in 2001.]

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The Committee notes the information provided by the Government in its report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS) and the Turkish Confederation of Employer Associations (TISK).

1. The Committee notes that the report of the Government was only received in March 1999, thus after the Committee's session in 1998. The Committee takes note of the indication provided by the Government in this report according to which although the term "home work" is not defined and thus not specifically regulated in the Labour Act, it is assumed that there exists a contract of employment between an employer and an employee working at home and engaged in manufacture and commerce that falls under the scope of the Labour Act and the Regulation on Minimum Wage. The Government also states that the Ministry of Labour and Social Security is empowered in section 6, paragraph (III), of the said Act to decide which works other than those enumerated in the same section are to be classified as industrial or commercial. The Committee therefore trusts that the next report of the Government will state that the legislation has been amended to specifically include "home work" within the works enumerated in the section of the Labour Act referred to.

2. The Committee also notes the information provided by the Government that there are difficulties in supervising home work, that work is recently initiated on home work with a view to determine its practical dimensions and that social partners have been contacted for this purpose. The Committee trusts that the Government will make every effort to ensure in the very near future that the employers and workers concerned are informed of the minimum rates of wages in force, and that wages are not paid at less than these rates in cases where they are applicable (Article 4 of the Convention). Thus, the Committee hopes that the Government will be in a position to supply information with its next report on the organization and working of inspection in relation to home workers (Part III of the report form).

3. The Committee also notes the information supplied by the Government according to which:

-- since 1987 minimum wages are fixed in shorter spans than the two-year term provided by section 33 of the Labour Act No. 1475; from 1 January 1999, minimum wages are fixed on calendar year basis with six-monthly increases;

-- in 1995-96 the Minimum Wage Board concluded that it would be desirable to establish a tripartite commission to study the methods and principles to be applied for fixing the minimum wages, and the adaptation of the relevant regulation in the light of the results of the studies of this commission;

-- programmes for 1996 and 1997 foresaw the identification of methods to be applied for fixing the minimum wages and the problems in the existing structures, as well as their remedies, requiring preparations for new arrangements;

-- since 1998 several meetings with the participation of social partners have been held within the context of the studies to modify the regulations for fixing the minimum wages and to consider the required amendments together with the proposals of the TISK.

The Committee recalls that the TISK referred to this issue in the comments received in 1998, the content of which was summarized in the Committee's previous observation. The Committee notes that the comments of the TISK attached to the Government's latest report, reiterate in substance the content of the previous one. The Committee requests the Government to report on any progress achieved in relation to the above meetings and on the follow-up of the comments of the TISK.

4. The TURK-IS states that the home working system is the most common form of evasion of the protective labour legislation. In this respect the TURK-IS reiterates that the scope of the Turkish minimum wage legislation should be extended to encompass the above categories of "homeworking trades". The TURK-IS also refers to the application of Article 4 of the Convention and states that the supervisory system is not working properly because the number of inspectors is insufficient to control the increasing number of small workplaces and clandestine employment, without effective action of the Government in order to strengthen the supervisory mechanism.

The Committee requests the Government to communicate its observations on the comments made by the TURK-IS.

[The Government is asked to report in detail in 2000.]

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The Committee notes that the Government's report has not been received. However, it notes the new observation made by the Confederation of Turkish Employers' Associations (TISK) concerning the application of the Convention. In its comments, the TISK states that the Minimum Wage Fixing Board is based on a tripartite structure. It also observes, inter alia, that: (i) since 1989, minimum wage in the agricultural sector is the same as that of industrial and services sectors; (ii) although a period of two years is contemplated by the legislation, the Board meets and determines new minimum wages every year; and (iii) the Board has proposed to the Government the establishment of a tripartite committee, which would carry out work on wage-fixing methods and principles in order to adjust the Minimum Wage Regulation accordingly; this Committee has already been established, but its work has not yet been completed. According to the TISK, the entire legislation, including the Minimum Wage Regulation, does not meet with the requirements of the country and that it impedes harmonization with today's economic and social conditions. The TISK believes that the present minimum wage practice encourages particularly the growth of unemployment and informal sector and weakens the power of trade unions. It requests major changes to be made in the legislation in respect of minimum wage practice, minimum wage fixing and revision, and tax burden on minimum wage.

The Committee notes that, although the observation made by the TISK was supplied with the Government's report for Convention No. 99, the Government does not provide any response to this observation. The Committee requests the Government to provide information as regards this observation, as well as in reply to the Committee's previous observation concerning the points below.

The Committee noted the observation made by the Confederation of Turkish 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 Labour Act No. 1475/71, has nothing 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 noted that the reports do 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 considered that as the persons under these categories of workers are not covered by 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 requested 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 1999.]

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Supervisory machinery and sanctions. The Committee notes from the Government's report that inspections were carried out country-wide and from 1 January 1995 to 30 April 1996 a total of 65 workplaces were found to be in violation of the provisions of article 33 (minimum wages) of Labour Act No. 1475/71 and a total amount of 30,100,000 lira of administrative fines was imposed. In 1996, fines totalling an amount of 51,700,000 lira were imposed on 119 workplaces for the same category of violations.

The Committee requests the Government to continue to supply information on the system of supervision and the sanctions established to ensure compliance with provisions respecting minimum wages, including the total number of workplaces that have been inspected in this respect. It also requests the Government to provide information on the statement in its earlier report that "a Bill to multiply by five the amounts of the fines set out in Act No. 1475 has been included on the agenda of the National Assembly".

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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.]

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The Committee hopes that the Government will continue in its future reports to supply information on the application in practice of the Convention, in accordance with Article 5, including the number of inspections made, infringements of the minimum wage observed, and the penalties imposed.

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1. The Committee notes the observations made by the Confederation of Trade Unions of Turkey (TURK-IS). TURK-IS points out that homeworkers are excluded from the scope of the Labour Act No. 1475 and the minimum wage fixing machinery, while the Convention clearly covers "home working trades" (Article 1 of the Convention). Recalling that the Government has not replied to its previous direct requests on this question, the Committee again requests the Government to indicate the texts which regulate conditions of homeworkers, and the measures taken to fix the minimum wages for them.

The Committee also notes that, according to TURK-IS, the amount of fine to be imposed in the case of non-payment of the minimum wage is only TL500,000 (about US$15), which is less than a quarter of the monthly minimum wage. It asks the Government to provide information on any measures taken in accordance with Article 4 to ensure the enforcement of the minimum wage.

2. In its previous observation, the Committee noted the observations made by the Turkish Confederation of Employers' Associations (TISK). The TISK stated that the rate of increase of the minimum wage had been above the rate of increase in consumer prices. It also expressed dissatisfaction with the factors taken into account at the latest adjustment of the minimum wage which took effect on 1 August 1992. The Committee would be grateful if the Government would indicate the means by which the employers and workers concerned are associated in the operation of the minimum wage fixing machinery in accordance with Article 3, paragraph 2(2), of the Convention.

[The Government is asked to report in detail by 1 September 1995, at the latest.]

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The Committee notes the Government's report, the information provided orally to the Conference Committee in June 1995 and the ensuing discussions in that Committee. It also notes the observations made by the Turkish Confederation of Employers' Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS).

Homeworkers. The Committee refers to the above comments by the TURK-IS to the effect that homeworkers are excluded from the scope of minimum wage-fixing machinery. It requested the Government to indicate the texts governing the terms and conditions of employment of homeworkers and the measures taken to determine the minimum wages applicable to them.

In its report, the Government recalls that the Labour Act No. 1475 applies to all persons working under an employment contract in return for remuneration in any type of employment, and that the term "contract of employment" is defined not by the above Act, but by the Code of Obligations as an agreement whereby the worker undertakes to perform work, with or without an indication of time, and the employer undertakes to pay remuneration. The Government states that homeworkers who principally perform piece-work are not, by virtue of case-law established by the Supreme Court, covered by Act No. 1475, on the grounds that the work is not performed at the premises of the employer, who is not therefore able to exercise authority and control. The Government also states that, although homeworkers are considered to be workers under the terms of the Code of Obligations, they do not benefit from statutory minimum wages, but do have the right to establish and join occupational organizations to defend their interests and can negotiate the minimum wage rates applicable to them.

The TISK states that the nature of home work is such that it is not possible to apply a minimum wage due to the fact that in Turkey this type of work is not paid at an hourly rate, but at piece-work rates. The TISK also refers to an ILO report on home work (ILC, 82nd Session, Report V(1)) in which emphasis is placed on the difficulties involved in supervising this form of employment. The TISK draws the conclusion that the workers concerned must not be considered as falling within the scope of labour legislation.

In its observations on this matter, the TURK-IS states that there are two categories of homeworkers: those who work at home under the terms of a contract providing for the payment of a wage, who are covered by labour legislation, and those who work at home under the terms of a contract which is not legally a contract of employment, but a contract for services. Although the latter are considered under the law to be self-employed workers, in practice they are regarded as employees, although they are not covered by Act No. 1475 and are not covered by minimum wage rates.

It can be deduced from this detailed information that as to the homeworkers, even though they are considered to be workers under the terms of the Code of Obligations, the existing minimum wage-fixing machinery does not apply to them. In the first place, the Committee recalls that Article 1 of the Convention requires that machinery be created or maintained "whereby minimum rates of wages can be fixed for workers employed in certain of the trades or parts of trades (and in particular in homeworking trades) in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low". The fact that homeworkers, although they might be considered workers under the terms of the Code of Obligations, are excluded from the scope of Act No. 1475, is an additional reason for measures to be taken by the Government to achieve the objective of the Convention. The Government is free to decide upon the means of achieving this aim, subject to holding the consultations provided for by the Convention and respecting the principle of equality of representation of employers and workers. In the second place, the Committee recalls that the method of calculating minimum wage rates, on an hourly or piece-work basis, is not covered by the Convention and that minimum wage rates can be fixed for piece-work rates. With regard to the difficulties of supervising home work, the Committee also recalls that Article 4, paragraph 1, of the Convention provides for the adoption of the necessary measures to ensure that wages are not paid at less than the applicable minimum wage rates.

The Committee requests the Government to indicate the measures which have been 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.

Domestic workers. The Committee notes the information provided concerning domestic staff working at the residence of the employer, who are not covered by Act No. 1475 and who do not therefore benefit from minimum wages. With reference to the information that it provided above, the Committee requests the Government to indicate the measures which have been 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).

Supervisory machinery. The Committee notes from the Government's report that during the course of 1994 a total of 58 workplaces were inspected under the legislation respecting minimum wages and that fines were imposed to a total amount of lira 27,500,000. The Government states that a Bill to multiply by five the amounts of the fines set out in Act No. 1475 has been included on the agenda on the National Assembly. It also notes the observations of the TURK-IS to the effect that in September 1993 there were a total of 610,127 workplaces registered with the authorities and paying social security contributions in respect of their employees. The TURK-IS considers that there are not enough inspectors and that they do not have sufficient powers to ascertain that the requirements of the Convention are being met.

The Committee requests the Government to supply information on the system of supervision and the sanctions established to ensure compliance with the provisions respecting minimum wages.

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1. The Committee notes with interest that the minimum wage rates applicable to all sectors of the economy have been fixed annually since July 1989 by the Minimum Wage Fixing Board.

2. Further to its previous comments, the Committee notes the information concerning domestic services, namely a copy of the relevant part of the Code of Obligations and the summary of verdicts of the High Court of Appeal. It again requests the Government to indicate the texts which regulate work performed at home by members of a family or close relatives involving handicrafts and without any outside help, which is excluded from the scope of Labour Act No. 1475, in virtue of its section 5, paragraph (3).

3. The Committee hopes that the Government will continue to supply information on the effect given in practice to the Convention, in accordance with Article 5.

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The Committee notes the observations made by the Turkish Confederation of Employers' Associations (TISK) which were communicated with the Government's report. The TISK states that the rate of increase of the minimum wage has been above the rate of increase in consumer prices. It also expresses dissatisfaction with the factors taken into account at the latest adjustment of the minimum wage which took effect on 1 August 1992. The Committee would be grateful if the Government would indicate the means by which the employers and workers concerned are associated with the operation of the minimum wage-fixing machinery in accordance with Article 3, paragraph 2(2), of the Convention.

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The Committee notes the information supplied by the Government in its report.

1. The Committee also notes the Government's statement, in reply to its 1985 general observation, in which it indicates that workers in the homeworking trades are not covered by the provisions respecting minimum wages under section 5, paragraph 4, of the Labour Act No. 1475 and that there are no plans in view with the intention of extending this coverage to them. The Committee believes that section 5, paragraph 4, of the Labour Act No. 1475 covers domestic services and that the only workers in the homeworking trades excluded from the scope of the Act are those referred to in paragraph 3 of section 5. The Committee recalls the breadth of the definitions contained in Articles 1 and 2 of the Convention, and it requests the Government to indicate the texts which regulate work in the homeworking trades.

2. The Committee notes that, although there are no precise statistics on the number of workers covered by the minimum wage-fixing machinery, these represent around 10 per cent of the total number of workers. It hopes that the Government will continue to supply information on the effect given in practice to the Convention, in accordance with the provisions of Article 5 of the Convention.