In 1403, similar to previous years, the minimum wages of workers at various levels increased. We witnessed an increase of almost 35%. However, this amount is not enough to cover the expenses of a normal life, according to many experts. In other words, a citizen who is expected to have a normal life in exchange for a normal job, cannot even meet their basic needs such as housing and food properly, even with working more than 8 hours a day. Naturally, in this situation, one of the fundamental rights of an individual, which is to have a dignified life, is compromised. It should be noted that the right to have relative welfare is an imperative right. In order to achieve this, the government has certain responsibilities. The government is obliged to predict policies so that citizens can benefit from sufficient wages in any job they have. Among these, the situation of temporary and seasonal workers is more critical; because they do not have job security and in most cases, their wages

What is temporary, seasonal, and part-time work?

In a classification, employment contracts are divided into “permanent” and “temporary” types. Depending on the type, an employment contract may be concluded for a specific period of time or it may have a permanent or non-temporary description (Article 7 of the Labor Law). A permanent employment contract is specifically for jobs with a permanent description, where the start and end times are not specified. Usually, terminating this type of contract is at the discretion of the employee rather than the employer. On the other hand, a temporary employment contract is one that is bound by a specific time; meaning the start and end times are determined by agreement between the employee and employer.

One type of temporary work is seasonal work. Seasonal work is done at specific times of the year according to its nature; such as harvesting crops.

Another type of employment contract is called “fixed-term contract”. In this contract, a specific task is agreed upon by both parties. For example, an employee is hired by an employer solely for the purpose of moving the employer’s household belongings. It goes without saying that once the employee has completed the task of moving the employer’s belongings, the work is finished. It is worth mentioning that this type of contract is temporary and is used for specific tasks.

In another classification, tasks are divided into “full-time” and “part-time” work. In part-time work, the worker does not work for 8 hours a day, but does less work and receives a lower salary in return.

What problems do temporary workers face?

1- Job insecurity:

In temporary jobs – which also include seasonal work – job security is not significant for the worker. The contract for these workers is usually renewed every year and the employer is not obligated to renew it. However, according to a resolution by the Council of Ministers in 2019 regarding the amendment to Article 7 of the Labor Law, if the temporary worker’s contract has been repeatedly renewed for four years in non-permanent jobs, the employer does not have the right to dismiss the worker until the end of the project. Nevertheless, in temporary jobs, the lack of job security is the most important concern for workers. The fear of not having their contract renewed by the employer often leads workers to turn a blind eye to their rights and the employer’s violations, and they do not pursue legal action to claim their rights. Naturally, this becomes a tool for employers to behave without fear of relevant authorities and being sued by workers.

2- Not being insured by the employer.

Although according to labor laws, employers are required to insure all types of workers (even if they work for only one day), in practice, temporary workers are more likely to not be insured by their employers. This is especially evident in seasonal jobs. It can be said that the majority of seasonal workers are not insured. Due to the nature of these jobs, which are usually outside of the workplace – such as farms – supervision by relevant agencies, including the labor department, is significantly weaker and more difficult.

3- Lack of supervision over seasonal tasks.

As seasonal work is usually temporary and often carried out in rural areas and almost uncertain locations, the issue of monitoring by labor inspectors becomes difficult for this type of work. For example, workers who only work in the summer in the employer’s orchards for fruit picking – which may last for only one month – it is highly unlikely that labor inspectors can identify these locations and visit them to investigate issues such as work safety, etc. In labor law and other relevant laws, there is no specific mechanism for monitoring these workshops. This leads to seasonal workers being more vulnerable to the violation of their rights.

4- Inadequate salary:

Although according to the law, there should be no difference in the wages of permanent and non-permanent workers, in practice, the wages of non-permanent workers are lower due to the problems mentioned above. On the other hand, according to the law, wages should be paid for part-time work based on the number of hours worked, but in many cases, the employer can reduce the worker’s hours, resulting in receiving less wages. Additionally, in seasonal and temporary work, workers usually remain at the same level and are not included in the job classification plan. This results in a worker who, for example, has worked for 20 years intermittently or consecutively in temporary or seasonal work, receiving less wages than a worker who has 20 years of experience in permanent work. When the wages of permanent workers do not cover the expenses of a normal life, naturally the wages provided for non-permanent or part-time workers cannot even cover a poor life.

5- Weakness of the law leads to the loss of specific regulations.

Despite the fact that the labor law itself is flawed and does not address many issues related to labor rights, the regulations regarding temporary, seasonal, and part-time workers are very limited, vague, and incomplete. In general, in order to protect these workers from employers, clear and comprehensive regulations should have been anticipated. On the other hand, in places where the labor law has obligated the Cabinet to regulate temporary contracts (clause 1 of article 7), so far, except for one Cabinet decision in 2019, no decision has been made to support temporary workers. This has led employers to mostly rely on temporary contracts, to the extent that it is said that more than ninety percent of workers are employed under temporary contracts. It does not seem logical that in continuous jobs, employers can terminate a worker’s contract at their discretion and without reason. It is necessary to at least establish regulations for non-renewal of contracts.