Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the detailed information provided in the Government’s report, in particular the adoption of the new Labour Code (Act No. 4857 of 22 May 2003).

Article 2 of the Convention. Scope of application. The Committee notes with interest that under section 113 of the Code, most of the provisions on wages protection, and the corresponding provisions on penal sanctions, now apply to two categories of workers which otherwise fall outside the coverage of the Labour Code, i.e. agricultural and forestry enterprises employing 50 employees or less, and small businesses of craftsmen employing three persons or less. Recalling that pursuant to Article 2 of the Convention, all persons to whom wages are paid or payable should be protected in respect of the matters dealt with in Articles 3 to 15 of the Convention, the Committee requests the Government to specify how effect is given in law and practice to all the substantive requirements of the Convention with respect to those workers who remain excluded from the scope of application of the Labour Code, such as for instance domestic workers, apprentices, and workers engaged in sea and air transport activities.

Article 8. Deductions from wages. The Committee notes the Government’s explanations concerning the recent income tax reduction for the low paid in reply to previous comments concerning the overall limits of authorized wage deductions. It also notes the reference to section 37 of the new Labour Code which requires all deductions to appear on the pay slip that the employer is obliged to give to the worker at the time of each payment. The Committee wishes to refer, in this connection, to Paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85) which suggests that an upper limit should be placed on deductions, so as to ensure that they are not so heavy as to deprive the workers of the basic minimum income needed for the maintenance of themselves and their families. As the Committee noted in paragraph 248 of the 2003 General Survey on protection of wages, Article 8 of the Convention imposes an obligation to set limits for permissible deductions which in itself reveals an underlying concern that deductions should not become arbitrary or unreasonably onerous. Recalling that apart from setting specific limits for each type of wage deduction (e.g. income tax or social security contributions), it is also important to establish an overall limit beyond which wages cannot be further reduced, the Committee requests the Government to indicate the manner in which the income of workers is protected in the case of multiple wage deductions or attachments.

Article 11. Privileged protection of wage claims in bankruptcy proceedings. The Committee notes with interest that the new Labour Code in section 33 provides for the establishment of a Wage Guarantee Fund to protect employees’ entitlements in the case of the employer’s insolvency or bankruptcy. The Fund covers up to three months’ unpaid wages and is financed by 1 per cent of the annual employers’ contributions to the Unemployment Insurance Scheme. The Committee further notes the Ministerial Regulations for the operation of the Wage Guarantee Fund which have entered into force in October 2004. Noting that the national legislation has progressively adopted much higher standards of protection than those provided for in Article 11 of the Convention, both in terms of protection by means of a privilege and also protection through a wage guarantee institution, the Committee encourages the Government to give favourable consideration to the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173) which contains the most relevant standards in relation to the protection of workers’ claims in the event of the employer’s bankruptcy or insolvency. Convention No. 173 was designed as a dual thrust instrument proposing two distinct sets of standards, one dealing with protection by means of a privilege and another dealing with wage guarantee funds, which may be accepted together or separately. As explained in greater detail in paragraphs 331–353 of the abovementioned General Survey, Convention No. 173 offers solid and modern responses to current challenges of corporate insolvency, in that it strengthens the traditional privilege system while exploring new means of protection in the form of wage guarantee institutions and leaving a wide margin of discretion to ratifying countries for the implementation of the standards.

Part V of the report form. The Committee notes that according to the statistical information provided by the Government, in 2002, out of a total number of 34,580 inspections conducted, approximately 75 per cent were related to complaints or inquiries about the non-payment or deferred payment of wages. It also notes that, in 2006, 30.5 million new Turkish liras (approximately US$24.5 million) worth of administrative fines were imposed for violations of the labour legislation. The Committee requests the Government to continue to provide up to date information on the application of the Convention in practice, including inspection results, statistics on the number of workers covered by relevant legislation, copies of official documents or studies on wages issues, any difficulties encountered in the implementation of the Convention, etc.