Those Covered in the Calculation of 30 Workers in Job Security in Turkey

In Turkey, the calculation of 30 workers in job security holds significant implications for both employers and employees, delineating the threshold at which certain labor protections and regulations become applicable. Within the framework of Turkish labor law, the concept of “those covered in the calculation of 30 workers” pertains to the determination of the scope of legal provisions safeguarding employee rights, particularly in relation to job security measures. When an employer reaches a workforce size of 30 or more employees, various statutory obligations come into effect, including but not limited to the establishment of workplace councils, adherence to collective bargaining agreements, and compliance with regulations pertaining to dismissals and terminations. This threshold marks a pivotal juncture wherein the employer’s responsibilities expand significantly, necessitating greater diligence in ensuring the protection and welfare of their workforce. Conversely, for employees, the attainment of this threshold signifies enhanced legal protections and assurances against arbitrary dismissal or unfair labor practices, fostering greater job security and stability within the workplace. By delineating the criteria for inclusion in the calculation of 30 workers, Turkish labor law seeks to strike a balance between the interests of employers and employees, fostering a regulatory environment conducive to sustainable economic growth, social stability, and equitable treatment in the workplace. As such, understanding the nuances of this calculation is paramount for both employers and employees alike, as it delineates the threshold at which fundamental labor rights and protections become legally mandated, shaping the dynamics of employment relations and ensuring the fair and dignified treatment of workers across diverse industries in Turkey.

Those Covered in the Calculation of 30 Workers in Job Security in Turkey Template

Worker4857/18It will not be within the scope of Article 4857/4. Apart from this, it does not matter whether the employee works with a full-time-part-time/fixed-part-time/definite-indefinite-term/trial-term employment contract or whether the employment contract is suspended.
Worker without insurance4857/18The fact that the worker is insured has a significance in qualifying as a worker.
Foreign national or foreign national worker of Turkish descent4857/18There is no regulation that foreign nationals or foreigners of Turkish origin are deprived of this right if they have a work permit.
Co-employeesSupreme court decisionIn accordance with the special labour labour relation on this issue
Intern4857/18If there are no elements of a labour contract
Journalist5953/6 llastProvide the conditions specified in Article 5953/1, will not be working in a workplace within the scope of Article 5953/2
Agricultural and Forestry Labourer4857/4The total number of workers in the agricultural and forestry workplace or enterprise will be at least 51
Private security guards5188They will be the employer’s own workers, not subcontracted workers
Loaned labour4857/18Loaned labour within the meaning of Article 4857/6.
Employer’s representative4857/18Will not be recognised as a partner
Workers engaged in discontinuous work4857/18In Article 4857/10, Articles 4857/18-21 are not listed in the articles of law that do not apply to discontinuous work.
Seasonal workers4857/18It is not specifically stated that they will not benefit from job security.
Temporary public workers4857/18It is not specifically stated that they will not benefit from job security.
Subcontractor workers4857/2In a collusive subcontractor relationship, the subcontractor’s employees are deemed to be employees of the principal employer from the beginning.