Non-Covered Persons in the Calculation of 30 Workers in Job Security in Turkey

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

Worker4857/4If they are subject to the provisions of the Code of Obligations
Süreksiz işleri yapan işçiler4857/10According to the decisions of the Supreme Court
Foreign national or foreign national worker of Turkish origin6735/6If they do not have a work permit
Apprentices4857/18As it is within the scope of Article 4857/4.
Rehabilite edilenler4857/18As it is within the scope of Article 4857/4.
Sporcular4857/18As it is within the scope of Article 4857/4.
Stajyerler4857/18If there are no elements of a labour contract
Meslek eğitimi gören öğrenciler3308/3They are not workers
Memur657/4They are not workers
Sözleşmeli personal657/4They are not workers
İşçi olmayan geçici personel657/4They are not workers
Gazeteci5953/6 lastIf not within the scope of 5953/1 and article 2
Gemi adamı854/1-2Not specifically referred to
Tarım ve orman işçisi4857/4If the total number of workers of the agricultural and forestry workplace or enterprise is less than 51
Özel güvenlik görevlileri5188If they are subcontractor workers
Ödünç alınan işçi4857/18The borrowed worker within the meaning of Article 4857/6.
İşveren vekili4857/18If he/she is a partner
Alt işveren işçileri4847/2If the subcontractor relationship is not collusive