Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 for work of equal value. Training and awareness-raising with the cooperation of the workers’ and employers’ organizations. The Committee notes the Government’s general indication in its report that no discrimination is made between women and men in determining remuneration in collective labour agreements. In this regard, it wishes to recall the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value.The Committee therefore asks the Government to indicate:

(i)whether effective cooperation between the Government and the social partners has been undertaken to raise awareness and promote a better understanding of the principle of the Convention and the results achieved in the collective bargaining process; and
(ii)the manner in which it is ensured that, in determining wage rates in collective agreements, the work performed by women is not systematically being undervalued in comparison to that of men who are performing different work and using different skills.

The Committee also requests the Government to provide examples of collective agreements that demonstrate how the principle of equal pay for work of equal value is taken into account.

Article 3. Objective job evaluation. The Committee recalls that “[t]he concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions” (see 2012 General Survey on the fundamental Conventions, paragraph 695). In the absence of information in this regard, the Committee asks the Government to take steps:

(i)to develop and promote the use of objective job evaluation methods in all sectors; and
(ii)to ensure that the principle of equal remuneration for men and women for “work of equal value”, and not only for “equal work”, is made an explicit objective of the methods developed.

In addition, the Committee requests the Government to provide updated information on:

(i)the results of the review of the Metal Industry Job Evaluation System, which was based on the principle of “equal pay for equal work” and referred to by the TİSK, including details on the criteria established and any results obtained in terms of wage adjustments; and
(ii)any other job evaluation system currently used or being developed in other sectors.

Enforcement. Labour inspection. The Committee notes the general information provided by the Government indicating that 46 violations of the “principle of equal treatment” had been identified and a total of 82.811,00 TL in fines had been imposed for such violations, from 1 June 2017-31 May 2021. The Committee reiterates its request that the Government take the necessary steps :

(i)to collect and publish information in relation to cases involving the application of the principle of the Convention examined by the Labour Inspectorate and the Human Rights and Equality Institution, indicating the number, nature and outcome of such cases; and
(ii)to ensure that labour inspectors are provided with specific training to ensure effective enforcement of section 5 of the Labour Law No. 4857 which provides that “[d]ifferential remuneration for similar jobs or for work of equal value is not permissible”.