In Turkey, the concept of job security is enshrined in labor laws to safeguard the rights of employees and foster stable working conditions. Central to this framework is the calculation of 30 workers, a pivotal threshold that determines the application of various labor regulations. However, within this calculation lies a complex consideration: the role of non-covered persons. These individuals, often marginalized in traditional workforce assessments, represent a significant segment of the labor force, including freelancers, part-time workers, and those in the informal sector. While their contributions are undeniable, they are frequently excluded from formal calculations due to the rigid definitions of employment. This exclusion poses challenges in accurately assessing the scope of labor protections and ensuring the inclusivity of regulatory frameworks. Therefore, understanding the dynamics of non-covered persons in the calculation of 30 workers is essential for crafting equitable and effective labor policies. By recognizing their presence and addressing their unique needs, policymakers can create a more comprehensive and resilient job security system that upholds the rights and dignity of all workers, irrespective of their formal employment status. This necessitates a paradigm shift in labor governance, one that embraces flexibility and inclusivity to adapt to the evolving nature of work in the twenty-first century.
Non-Covered Persons in the Calculation of 30 Workers in Job Security in Turkey Table
Title | Reason | Feature |
Worker | 4857/4 | If they are subject to the provisions of the Code of Obligations |
Süreksiz işleri yapan işçiler | 4857/10 | According to the decisions of the Supreme Court |
Foreign national or foreign national worker of Turkish origin | 6735/6 | If they do not have a work permit |
Apprentices | 4857/18 | As it is within the scope of Article 4857/4. |
Rehabilite edilenler | 4857/18 | As it is within the scope of Article 4857/4. |
Sporcular | 4857/18 | As it is within the scope of Article 4857/4. |
Stajyerler | 4857/18 | If there are no elements of a labour contract |
Meslek eğitimi gören öğrenciler | 3308/3 | They are not workers |
Memur | 657/4 | They are not workers |
Sözleşmeli personal | 657/4 | They are not workers |
İşçi olmayan geçici personel | 657/4 | They are not workers |
Gazeteci | 5953/6 last | If not within the scope of 5953/1 and article 2 |
Gemi adamı | 854/1-2 | Not specifically referred to |
Tarım ve orman işçisi | 4857/4 | If the total number of workers of the agricultural and forestry workplace or enterprise is less than 51 |
Özel güvenlik görevlileri | 5188 | If they are subcontractor workers |
Ödünç alınan işçi | 4857/18 | The borrowed worker within the meaning of Article 4857/6. |
İşveren vekili | 4857/18 | If he/she is a partner |
Alt işveren işçileri | 4847/2 | If the subcontractor relationship is not collusive |