Ekonomi ve Hukuk Dergisi

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  • Halil BALCI
  • Faruk SAPANCALI
Avrupa Birliği’nde “Yeterli Asgari Ücret” Tartışmaları ve 2022/2041 Sayılı Yönergenin İncelenmesi

ÖZ

İlk ortaya çıktığı dönemde sadece en alt gelir grubunda yer alan işçilerin ekonomik ve sosyal risklere karşı korunmasını amaçlayan asgari ücret uygulamaları sonrasında işgücü piyasalarının bütünün düzenlenmesinde etkili bir araç halini almıştır. İşgücüne çalışması karşılığında ödenebilecek en düşük ücreti ifade eden asgari ücret ekonomik, sosyal ve siyasal boyutlara sahiptir. Bu özellikleri kendisini emek ve sermaye arasındaki çatışmanın önemli bir alanı haline getirmiştir. İşçi ve ailesinin ihtiyaçları ile işverenlerin ödeme kapasiteleri arasında bir dengeyi ifade etmektedir. Özellikle ekonomik istikrarsızlık, buhran ve kriz dönemlerinde asgari ücret konusu sıklıkla gündeme gelmektedir. Asgari ücret bir yandan bu koşulların ortaya çıkardığı risklerin bertaraf edilmesi ve ekonominin tekrar istikrarlı hale getirilmesi için önemli bir araçtır. Asgari ücret bir yandan toplumun en yoksul kesimini korurken bir yandan da marjinal tüketim eğilimi yüksek olan bu kesimin tüketim harcamaları yoluyla toplam talebi artırarak sürdürülebilir bir ekonomik büyüme için dayanak noktası oluşturmaktadır. Avrupa Birliği, asgari ücret konusunda birlik düzeyinde uzunca bir süre düzenleme yapmamıştır. Bununla birlikte 2008 krizi, Covid Pandemisi ve en son da çevre ülkelerde ortaya çıkan savaş koşulları AB ülkelerinin istikrarlı ekonomilerini ve uzunca bir süredir uyguladıkları sosyal refah devleti politikalarını sekteye uğratmıştır. Kısa sayılabilecek bir zaman diliminde ortaya çıkan bu gelişmeler sonucunda AB asgari ücret ile ilgili Birlik üyelerinin katılımıyla ve Birlik üyesi bütün ülkeleri bağlayan bir yönerge hazırlamıştır. Çalışmada ilk olarak AB’nde asgari ücret ile ilgili geçmiş düzenlemeler ele alınmış sonrasında ise 2022 yılından kabul edilen “Yeterli Bir Asgari Ücrete Yönelik 2022/2041 Sayılı Yönerge” ortaya çıkış gerekçeleri, düzenlenme ve uygulanma süreçleri bağlamında ele alınıp, incelenmiştir.
Anahtar Kelimeler : Asgari Ücret, Avrupa Birliği, Çalışan Yoksulluğu, Eşitsizlik, Toplu Pazarlık
Debates On “Adequate Minimum Wage” In The European Union and Review Of Directive: 2022/2041

ABSTRACT

When it first emerged, minimum wage practices aimed only protecting workers in the lowest income group against economic and social risks, and became an effective tool in regulating the entire labor market. Minimum wage, which represents the lowest wage that can be paid to the workforce for its work, has economic, social and political dimensions. These features have made it an critical area of conflict between labor and capital. It represents a balance between the needs of the worker and his/her family and the paying capacity of employers. Especially in times of economic instability, depression and crisis, the issue of minimum wage often comes to the fore. Minimum wage is an important tool to eliminate the risks posed by these conditions and to stabilize the economy again. On the one hand, while the minimum wage protects the poorest segments of society on the other hand creates a basis for sustainable economic growth by increasing total demand through the consumption expenditures of this segment which has a high marginal consumption tendency. The European Union has not made any regulations on the minimum wage at the union level for a long time. However, the 2008 crisis, the Covid Pandemic and most recently the war conditions in the surrounding countries have disrupted the stable economies of the EU countries and their social welfare state policies which they have been implementing for a long time. As a result of these developments that occurred in a relatively short period of time, the EU prepared a Directive regarding the minimum wage with the participation of the Union members and is binding on all member countries of the Union. In this study, first the former regulations regarding the minimum wage in the EU were discussed, and then the justifications for the emergence of the “Directive 2022/2041 on an Adequate Minimum Wage”, which adopted in 2022, were discussed and examined in the context of its regulations and implementation processes.

Extended Summary

When the historical development process is examined, legal minimum wages have
developed in a complementary way to collective bargaining. Minimum wages were
generally recommended in sectors where effective negotiations can not be made
and/or the wage level is very low. While it was initially a policy tool used selectively
in a few low-wage sectors, today it has a much broader scope. Truly, according to
the International Labor Organization, more than 90 percent of all countries today
have some form of minimum wage regulation that protects workers.
The concept of minimum wage, which expresses the minimum amount that
workers can earn in exchange for work, is a multifaceted concept. The minimum
wage amount is determined by economic, social and political etc. factors. While
some economists draw attention to the demand-creating aspect of the minimum
wage, others focus on minimum wage as a cost factor. Because, on the one hand,
wages affect the total demand as it is the worker’s income, and on the other hand,
they represent a production cost feature that determines the competitive advantage
among companies. Especially in times of economic crisis, the capitalist system
strives to create demand for produced goods and services. At this point, the
minimum wage is important to create an effective demand for produced goods and
services. For this reason, minimum wage policies come into prominence in a
capitalist economy, especially during crisis periods.
Today, the minimum wage has become a universally accepted policy tool in
regulating the labor market almost all over the world. While previously legal
minimum wages were used selectively in a complementary way to collective
bargaining and in sectors where effective negotiations could not be made and/or
the wage level was very low, they have now become a national policy tool with a
much broader scope. As a matter of fact, in most European countries with
prominent social qualities, minimum wage is among the established tools of labor
market regulations. However, although the European Union (EU) has determined
common policies on many issues in order to ensure unity among member
countries, it has not made a common regulation regarding wages and especially the
minimum wage for a long time. Therefore, from the beginning, the EU has left the
minimum wage issue to the jurisdiction of the member states.
Following the 2008-2009 financial crisis, the Covid 19 pandemic and the
subsequent political instability in the countries neighboring the EU have negatively
affected the EU economy as a whole. Problems arising in the production of goods
and services have caused prices to rise rapidly. In this period when prices rose
rapidly, nominal wage increases lagged behind the inflation rate and therefore real
wages decreased. Thus, the minimum wage in the EU has become an important
agenda item again since 2020, both to combat working poverty and to achieve an
inclusive growth target. The EU, which was reluctant to determine a common
policy regarding wages for many years due to its neo-liberal economic approaches,
was forced to make a regulation regarding minimum wages in the face of new
socioeconomic conditions and increasing political pressures.
Thus, with the “Directive 2022/2041 on Adequate Minimum Wage in
European Union” an important step was taken towards determining a minimum
wage level necessary for workers in EU countries to live a decent life. The purpose
of the Union in regulating the minimum wage is not to create a single minimum
wage valid for all member countries, or to eliminate differences in wage levels
between countries, or to create a uniform mechanism for determining minimum
wages. Anyway, considering the conditions, socioeconomic development level,
political structure, average wages, labor productivity, unionization rates and
collective bargaining levels of each member country, absolute harmonization of
minimum wages is not a realistic approach. Therefore, the main aim to be achieved
by the Directive is to promote an adequate minimum wage at national level that
will ensure a common standard of living for all workers across Europe. Therefore,
each country has the right to determine minimum wages in accordance with its
own characteristics. In addition, national regulations are not interfered with by
promoting access to the minimum wage protection provided by collective
agreements and by respecting the rights and freedoms of social partners to
conclude agreements. With the directive, two tangible quantitative targets were set
for member countries. Firstly, for the minimum wage a threshold is set at 60% of
the median wage and 50% of the average wage. The other one, is to increase the
number of employees covered by collective bargaining to at least 80% by
promoting union rights in member countries.
Considering these issues the Directive, as set out in the European Pillar of
Social Rights, is an important step forward in achieving the objectives of
strengthening social dialogue and the right to fair wages, ensuring a decent
standard of living and the prevention of working poverty. Therefore, the regulation
marks a significant change from the Union’s previous policies regarding industrial
relations and wage determination and is considered a turning point.
In the time since the directive was adopted, member countries have quickly
begun to implement relevant regulations and take concrete steps. There are still
many steps to be taken in all member countries to achieve the overall objectives of
the Directive. However, since the first reports on adequate minimum wages by
member countries will be submitted to the Commission by 1 October 2025, it will
be possible to make a correct assessment about the effects and consequences of
the Directive for countries and the Union only after this date.
In this study, the historical background of the minimum wage in the EU is
mentioned and its importance is emphasized in the context of the Directive in
question. In addition, by examining the developments regarding minimum wage in
EU countries in the light of current data, the socio-economic structure that caused
the Directive to come to the agenda was emphasized. In the last section, the legal
basis, legalization process, objectives and content of the Directive on adequate
minimum wage in the EU are discussed and evaluated in detail. In addition, the
directive and the regulations made by the member countries are briefly mentioned
and the importance of their possible effects is emphasized

 

Keywords : Minimum wage, European Union, in-work poverty, inequality, collective bargaining

Kaynak Göster

APA
BALCI, H., & SAPANCALI, F., & . ( 2024). Avrupa Birliği’nde “Yeterli Asgari Ücret” Tartışmaları ve 2022/2041 Sayılı Yönergenin İncelenmesi. Çalışma ve Toplum, 3(82), 1023-1070. https://doi.org/10.54752/ct.1504365