Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Türkiye (Ratification: 1967)

Other comments on C100

Observation

Direct Request

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The Committee notes the observations of the Turkish Confederation of Employer Associations (TISK), which were attached to the Government’s report.

Training and awareness raising. On several occasions the Committee has asked the Government to undertake awareness-raising and training activities specifically addressing the principle of equal remuneration for work of equal value, as set out in the Convention and in the Labour Act. The Committee notes that according to the Government, the Prime Ministry Circular on Increasing Women’s Employment and Achieving Equality of Opportunity No. 2010/14 has the objective of strengthening the socio-economic status of women, achieving equality between women and men in social life, increasing the employment of women and ensuring equal wages for men and women. It also creates a National Monitoring and Coordination Committee on Employment of Women. The Government further indicates that the gender equality branch of the General Directorate of Disadvantaged Groups created within the Ministry of Labour and Social Security is responsible for raising awareness regarding measures to promote and apply the principle of equal pay for men and women. While taking due note of the National Action Plan on Gender Equality (2008–13), the above initiatives and structures, as well as the information on activities to promote greater access of women to employment in general, the Committee notes the absence of information on any concrete awareness-raising activities regarding the principle of the Convention. The Committee urges the Government to carry out, in consultation with workers’ and employers’ organizations, specific activities, including activities carried out by the gender equality branch, to improve understanding and raise awareness among relevant target groups, including labour inspectors and judges, of the principle of equal remuneration for men and women for work of equal value, and to report in detail on the progress made in this regard.

Labour inspection. Regarding the ability of the labour inspection services to identify and establish data on the number, nature and outcome of infringements of section 5(4) of the Labour Act with regard to equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that complaints-based investigations comprise the major part of the inspections, for which no classification of violations exist. Hence, data on the number, nature and outcomes of cases addressed by the labour inspectorate under section 5(4) are unavailable. The Committee stresses the need to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and infringements, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms, and asks the Government to take appropriate measures to this end. Recalling that inadequate supervision by the labour administration may be one of the reasons for the persistence of unequal pay between men and women, the Committee asks the Government to take adequate measures to increase the capacity of labour inspectors to prevent, detect and remedy infringements of section 5(4) of the Labour Act.

Article 3 of the Convention. Objective job evaluation. The Committee welcomes the information provided by TISK on the training and use of job evaluation by its affiliates, in particular the information that the Metal Industry Job Classification System (MIDS) was revised in July 2007 to bring it into line with new job structures and that workplace visits and presentations were given to introduce the system during 2008–10. It also notes the information provided by TISK regarding the usefulness of the Occupational Proficiency System for determining remuneration. The Committee further notes the Government’s indication that the draft Turkish Code of Obligations includes provisions regarding the Convention and is being discussed by the General Assembly of the Grand National Assembly. The Committee recalls the importance of developing and implementing objective job evaluation methods to address persistent gender pay gaps, and asks the Government to take specific steps to promote such methods as envisaged in Article 3 of the Convention, in the public and the private sectors. In this context, the Committee also asks the Government to provide specific information on the measures taken, including for example in the context of the draft Turkish Code of Obligations, to ensure that equal remuneration for men and women for work of equal value is made an explicit objective of any job evaluation.

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