Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the Government’s report, as well as the observations from the Turkish Confederation of Employer Associations (TİSK) received on 1 September 2014 which were supported by the International Organisation of Employers (IOE). The Committee also notes the observations from the Confederation of Public Employees Trade Unions (KESK) received on 1 September 2014 and the reply from the Government received on 12 November 2014. Furthermore, the Committee notes the observations from the Confederation of Turkish Trade Unions (TÜRK-IŞ), the Confederation of Turkish Real Trade Unions (HAK-IŞ) and the KESK, as well as of the TİSK, which were attached to the Government’s report.

Job segregation and gender wage gap. The Committee notes that, according to TÜRK-IŞ, employers may be exonerated from applying statutory provisions in certain sectors with a high proportion of women, such as the textile industry, food sector and tourism, where workers are paid “in accordance with the work performed”. TÜRK-IŞ further indicates that, due to lack of education, women occupy unskilled low-paid jobs. The Committee also notes that KESK indicates that flexible and insecure forms of employment are widening the gender wage gap and perpetuating the gender-based division of labour within the family. The Committee also notes that, according to the country profile prepared in 2013 for the use of the European Commission “The current situation of gender equality in Turkey”, the female employment rate between 2002 and 2012 increased from 22.7 per cent to 28.7 per cent. However, horizontal segregation is more pronounced than in the European countries for both sectors and occupations, even though the rate of tertiary education attainment of women in Turkey has increased from 6.6 per cent in 2002 to 10.6 per cent in 2012. According to the study, the figures show a gender-typical distribution of fields of study with most Turkish women being present in health and welfare (61.0 per cent). The Committee further notes that, according to the statistics provided by the Government the wage gap is 19.4 per cent among professionals; 7.4 per cent among technicians and subsidiary professionals; 7.4 per cent among clerks, service and sales workers; 16.6 per cent among craftsmen; and 24.1 per cent among plant and machine operators and assemblers. The Committee requests the Government to ensure that all sectors, including those where women are most represented, apply the legislation in force with respect to wages. The Committee further requests the Government to continue to take proactive measures to address gender job segregation, including through the promotion of women’s studies and vocational training in sectors where men are predominantly occupied in order to increase women’s participation in the labour market. Please provide statistics on men and women’s occupation by sector and occupation disaggregated by sex.

Articles 1 and 4 of the Convention. 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. In its previous comments, the Committee urged the Government to carry out specific activities to improve understanding and raise awareness of the principle of the Convention. The Committee notes that the Government refers to the establishment of the Platform for Equality at work established in 2013 with the aim of reducing the gender equality gap, with the participation of enterprises. In April 2013, 78 companies became members of the Platform and signed a Declaration of Equality at Work, one of its objectives being “equal pay for equal work”. The Government also refers to the Gender Equality in Working Life Award which has the objective of rewarding enterprises that implement equal pay. The Government also indicates that between 2009 and 2013, 26 training sessions were held. The Committee recalls in this respect that according to section 5(4) of the Labour Act “Differential remuneration for similar jobs or for work of equal value is not permissible” and that is in conformity with the Convention that provides for “equal remuneration for men and women workers for work of equal value”. The Committee recalls that the concept of “work of equal value” which is provided for in section 5(4) of the Labour Act lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality and that it goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee once again urges the Government to carry out, in consultation with workers’ and employers’ organizations, specific activities, to improve understanding and raise awareness of the principle of the Convention. Please ensure that these are not restricted to equal pay for equal work but refer to “work of equal value”, and to provide information thereon.

Article 3. Objective job evaluation. In its previous comment, the Committee noted the information from TİSK on the training and use of objective job evaluation by its affiliates. The Government had also indicated that the draft Turkish Code of Obligations which included provisions regarding the Convention was being discussed by the General Assembly. The Committee notes that the Government’s report contains no new information in this regard. Moreover, TİSK indicates that the work initiated continued throughout 2014. Recalling the importance of developing and implementing objective job evaluation methods to address persistent gender pay gaps, the Committee requests the Government to take specific steps, without delay, to promote such methods as envisaged in Article 3 of the Convention, in the public and the private sectors. The Committee also requests the Government to provide information on any development concerning 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.

Labour inspection and enforcement. The Committee notes that the Government’s report contains no new information in this regard. The Committee stresses once again the fundamental role of labour inspectors in the implementation of the principle of the Convention, as well as of section 5(4) of the Labour Act and highlights in this respect the importance of providing adequate training to labour inspectors. The Committee requests the Government once again to take the necessary measures for the collection and publication of information on the specific nature and outcome of discrimination and equal remuneration complaints examined by the labour inspectors. It further requests the Government to ensure that labour inspectors are aware of the principle of the Convention and to provide information on any measures or activities carried out to address gender equality and especially equal remuneration for work of equal value by the Turkish Human Rights Institution and the Ombudsman Institution recently established.

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