Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Türkiye (Ratification: 1961)

The Committee notes the Government’s report as well as the comments made by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Progressive Trade Unions of Turkey (DISK). The Committee will analyse in detail at its next session the comments of the aforementioned employers’ and workers’ organizations together with the response of the Government.

In its comments dated 5 June 2000, which were attached to the Government’s previous report, the Confederation of Turkish Employers’ Associations (TISK) expressed the view that reforms should be undertaken to reduce the amounts of compulsory contributions deducted from wages. According to TISK, the sums currently deducted from workers’ wages amount to over 50 per cent due to considerable social security contributions and increasing taxation. Moreover, TISK is of the opinion that calculating the social security contributions on the basis of the worker’s basic earnings, and thus requiring employers to pay contributions for wages that are not actually paid to workers, is not compatible with the objective of the Convention which is to protect wages. In its reply, the Government states that new legislation on taxation reform was enacted on 22 July 1998. The Committee asks the Government to provide in its next report full particulars on the new legislation and its repercussions on the overall amount of authorized wage deductions.

The Committee recalls the comments of the Confederation of Turkish Trade Unions (TÜRK-IS), received in October 2000, in which it was pointed out that wage-earners in the agricultural sector and small commercial enterprises are not covered by protective legislation. The TÜRK-IS alleges that employers frequently defer the payment of workers’ wages and other fringe benefits due to financial problems while in local governments it is widespread practice to delay the payment of wages, overtime pay, bonuses and other benefits for months. The TÜRK-IS further considers that the absence of effective sanctions in the case of non-payment or delayed payment of wages may only encourage such practices. On this last point, the Committee also notes the observation of TISK which expressed the view that the Ministry should supply information on the functioning of the inspection machinery, the nature and number of infringements observed and the sanctions imposed. In its response, the Government indicates that a draft bill extending the application of the Labour Act, including the provisions on wage protection, to the agricultural sector has been submitted to the Parliament. The Committee requests the Government to provide information on any further developments in this respect and to transmit a copy of the new legislation once it is adopted. The Committee also notes the Government’s reference to the draft bill concerning job security which was submitted to the Parliament on 19 September 2000, and to new legislation on bankruptcy currently under preparation, both of which are expected to enhance protection of workers’ wages. The Committee asks the Government to indicate in its next report any progress made with respect to the adoption of the above draft laws.

With regard to sanctions for violations of sections 26 and 99 of the Labour Act on the regular payment of wages, the Committee notes the information supplied by the Government according to which, in the course of 2000, 66 enterprises were fined by labour inspection services for non-payment or delayed payment of wages, and the total amount of fines charged reached TL 113.7 million for public undertakings and TL 2.8 billion for private undertakings. In this connection, the Committee recalls that the Government referred in its previous report to the possibility of increasing the monetary penalties imposed on employers for non-compliance with the legislation on wage protection. The Committee asks the Government to supply information on any further developments in this regard.

The Committee hopes that the Government will respond specifically to the observations made by the employers’ and workers’ organizations with respect to the application of the Convention in practice. It again requests the Government to continue to supply, in accordance with Article 16 of the Convention and Part V of the report form, all available information on the practical fulfilment of the requirements of the Convention, with particular reference to the agricultural sector, including information on inspection results, infringements observed and sanctions imposed as well as any statistics on the amounts of wages due, the length of delay in payment and the number of workers affected.

[The Government is asked to report in detail in 2002.]