Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 95) sur la protection du salaire, 1949 - Türkiye (Ratification: 1961)

Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes the Government’s explanations concerning the specific provisions on wages protection contained in the Maritime Labour Act No. 854 for those employed on board Turkish-flagged vessels of more than 100 tons. The Committee notes, however, that no information has been provided regarding other categories of workers which are currently excluded from the scope of application of the Labour Code, including domestic workers, apprentices and workers engaged in air transport activities. The Committee notes, in this regard, the communication of the Turkish Confederation of Employers’ Associations (TISK), dated 20 April 2012, in which reference is made to the new Code of Obligations No. 6098, entered into force on 1 July 2012, that covers domestic workers and air transport employees. According to TISK, the provisions of the new Code of Obligations on service agreements, and in particular section 407 on wage protection, offer a level of protection similar to that afforded by the Labour Code. TISK specifies, for instance, that the new Code of Obligations requires electronic payment to a bank account, and the issue of a pay slip at each pay period. The Committee accordingly requests the Government to provide more detailed information on how the Code of Obligations No. 6098 gives effect to the substantive requirements set out in Articles 3 to 15 of the Convention with respect to those workers currently excluded from the coverage of the Labour Code.

Article 8. Deductions from wages. The Committee notes the Government’s reference to sections 35 and 38 of the Labour Code as well as sections 32, 38 and 39 of the Maritime Labour Act which set out specific limits for certain forms of wage deductions, including deductions in the form of disciplinary fines, deductions for loss or damages and attachment of wages pursuant to a court decision. The Committee observes, however, that there still appears to exist no overall limit to authorized deductions so that wages are protected to the extent necessary for the safeguard of the maintenance of the workers and their families. The Committee wishes to refer, in this respect, to paragraphs 216–258 of its 2003 General Survey on the protection of wages, which highlight the various forms of wage deductions covered by this Article of the Convention including, for instance, wage deductions for taxes, insurance contributions and reimbursement of advance payments that are expressly referred to in section 37 of the Labour Code. In this connection, the Committee also notes that in its 2010 conclusions, the European Committee of Social Rights has concluded that the situation in Turkey is not in conformity with article 4(5) of the Revised European Social Charter on the ground that it has not been established that deductions from wages will not deprive workers and their dependants of their very means of subsistence. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is brought into full conformity with the Convention on this point.

Articles 12 and 15. Non-payment or delayed payment of wages – Enforcement measures. The Committee recalls its previous comments in which it stressed the importance of preventing and punishing cases of non-payment or delayed payment of wages, especially in the light of earlier observations made by the Confederation of Turkish Trade Unions (TÜRK-IS), the Turkish Confederation of Public Workers’ Associations (KAMU-SEN) and TISK. In a new communication dated 17 April 2012, TÜRK-IS indicates that the legal remedies available in the event of non-payment of wages involve a lengthy and very expensive process that requires legal expertise – a situation all the more problematic as irregular employment stands at 42.5 per cent and labour inspection is practically non-existent in the informal sector. TÜRK-IS adds that despite this reality, thousands of cases for back wages are being brought before the labour courts and the Court of Cassation. The Committee notes that the Government’s report does not contain updated information on the number of workers and types of enterprises affected by wage arrears and any progress made in settling outstanding payments in both the public and private sectors. The Committee requests the Government to continue to monitor the situation of deferred payment of wages, its root causes and implications, and to provide detailed information on any measures taken in order to ensure that the legislation on wages protection is effectively enforced.