Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Other comments on C100

Observation

Direct Request

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Articles 1, 2(2)(c) and 4 of the Convention. Promotion of equal remuneration for men and women workers for work of equal value. Training and awareness-raising with the cooperation of the workers’ and employers’ organizations. The Committee recalls that, according to the Labour Law No. 4857, “[d]ifferential remuneration for similar jobs or for work of equal value is not permissible”. The Committee further recalls that giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important, but not sufficient to achieve the goal of the Convention and that effective measures need to be taken in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value. It further recalls that the application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, including to address new issues and difficulties (see 2012 General Survey on the fundamental Conventions, paragraphs 670–61 and 710). The Committee notes that the Government’s report only refers once again to the Platform for Equity in Business of which 85 leading companies are now members, but does not indicate whether specific awareness and training activities to promote a better understanding of the principle of equal remuneration for men and women for work of equal value as provided for by the Convention and the Labour Law were carried out in collaboration with the social partners. With respect to collective agreements, the Government provides only general information on such agreements and states that there is no discrimination between women and men in determining remunerations in collective agreements. The Committee asks the Government to promote the application of the principle of the Convention in the collective bargaining process, among workers’ and employers’ organizations, and to provide specific information on the manner in which it cooperates with the social partners to give effect to the Convention. It also asks the Government to take specific and effective steps to carry out, in consultation with workers’ and employers’ organizations, activities to promote and raise awareness of the principle of equal remuneration for men and women for work of equal value, including through training, among workers and employers and in cooperation with their organizations. The Committee asks the Government to provide information on the measures taken in this regard as well as extracts of clauses of collective agreements incorporating the principle of equal remuneration for men and women for work of equal value or providing for objective job evaluation.

Labour inspection and enforcement. The Committee notes the Government’s indications regarding the number of employers (38) who have violated the “principle of equal treatment” from 2014 to 31 May 2017 and the amount of administrative penalties imposed. The Committee however notes that it is not possible to determine from the report whether the violations concerned the principle of the Convention or, more generally, the principle of equality. In addition, while noting the general duty of training for labour inspectors mentioned by the Government, the Committee notes that the Government’s report does not contain information specifically concerning equal remuneration for work of equal value. The Committee asks the Government to adopt the necessary measures for the collection and publication of information on the nature and outcome of equal remuneration complaints examined by the labour inspectors or the Human Rights and Equality Institution. It further asks the Government once again to ensure that labour inspectors are effectively aware of the principle of equal remuneration for men and women for work of equal value and receive appropriate training thereon and to provide detailed information in relation to that training.