Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous observation, and the comments respectively made by the Confederation of Turkish Employers' Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS) concerning the application of the Convention in the agricultural and forestry sector.

Article 1 of the Convention. The Committee notes again the Government's indication that the draft Bill on the amendment and the repeal of certain sections of the Labour Act (No. 1475) which provides for the inclusion of agriculture and forestry workers within the scope of the Labour Act, is still under review. It requests the Government to continue to communicate information in this respect, in particular with regard to minimum wage fixing in the agricultural and forestry sector.

Article 3, paragraph 3. In its previous comments concerning association on equal footing of employers and workers in the agriculture sector in the working of the Minimum Wage Fixing Board, the Committee requested the Government to send a copy of the text appointing the present members of this Board, along with other regular members.

The Committee notes the list of the members and alternate members of the Minimum Wage Fixing Board composed of five government representatives, five employers' representatives and five workers' representatives. It also notes the Government's indication that: (i) these employers' and workers' representatives are respectively selected from different branches of activity by the confederation of employers and the confederation of workers that have the highest representation; and (ii) the Board meets with the participation of at least ten members and acts by majority vote at every stage of its deliberations.

In its comments under Convention No. 26, the TISK confirms that the Minimum Wage Fixing Board is based on a tripartite structure. It also states, inter alia, that: (i) since 1989, application of 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 been completed yet. 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, 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 these observations. The Committee requests the Government to provide information as regards this observation to be dealt with in the comments made by the Committee concerning the application of Convention No. 26 in the country.

Article 4, paragraph 1, and Article 5, in conjunction with point V of the report form. In its previous comments, the Committee requested the Government to provide information in respect of the observation made by the TURK-IS concerning lack of information, supervision and sanctions with regard to the enforcement of minimum wage rates in the agricultural and forestry sector. This observation has been renewed by the TURK-IS.

In reply to these comments, the Government indicates that section 33 of Labour Act No. 1475 provides that the decisions of the Minimum Wage Board become effective only after their publication in the Official Gazette. Section 9 of the Minimum Wage Regulation also provides that the decisions of the Board become effective after their publication in the Official Gazette and that they are put into force as of the first day of the month following their publication in the Official Gazette. The minimum wages fixed by the Board are disclosed by the Ministry of Labour and Social Security, and immediately spread nationwide by mass media. According to the Government, there exist no deficiencies, as alleged by the TURK-IS, in publicizing the Board's decisions. As regards the supervision of minimum wages in the agriculture and forestry sector, the Government specifies that section 4 of Labour Act No. 1475 provides that labour inspectors of the Ministry of Labour and Social Security carry out general controls at the workplaces or upon complaints. During these inspections, the employers who are found in breach of section 33 of Labour Act No. 1475 are sanctioned to pay an administrative fine in accordance with section 99/B(2) of the same Act. However, the Government states that no statistical data are kept with regard to supervision held in the agricultural sector. It also indicates that the draft Bill to multiply by five the amounts of the fines set out in Labour Act No. 1475 is still on the agenda of the Grand National Assembly.

The Committee hopes that the draft Bill to multiply by five the amounts of the fines set out in Labour Act No. 1475 will be soon adopted and that the Government will send a copy of the relevant text as soon as it is adopted. It also requests the Government to provide information on the results of the inspections carried out, in particular in the agricultural and forestry sector (e.g. the number of the violations reported concerning minimum wage provisions, the sanctions imposed, etc.).