Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Türkiye (Ratification: 1970)

Articles 1 and 4 of the Convention. Scope of application and enforcement of minimum wage in agriculture. The Committee notes the comments made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ), concerning the application of the Convention.

TISK basically reiterates points it has raised in earlier observations, in particular that bringing partially agricultural enterprises and agricultural workers within the scope of the Labour Law creates problems of application and that a separate legislation would be preferable due to the special characteristics of agricultural work and the social structure in the country.

As for TÜRK-IŞ, it considers that the measures for control, inspection, and sanctions in the agricultural sector are completely inadequate and, as a result, large numbers of agricultural workers are remunerated at rates below the minimum wage. TÜRK-IŞ calls, accordingly, for better implementation of Article 4 of the Convention. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of TISK and TÜRK-IŞ. It would also appreciate receiving a copy of the Statute concerning work regarded as industry, commerce, agriculture and forestry of 28 February 2004 and of the Statute concerning working conditions of workers in agriculture and forestry of 6 April 2004 to which reference was made in TISK’s comments.

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