The 1950s marked a significant turning point for seasonal agricultural workers in Turkey. The onset of mechanization in agriculture and the expansion of land for farming created a demand for seasonal labor. Those unable to migrate to large cities became a source of seasonal labor. But what do the terms “seasonal worker” and “agricultural worker” mean?

“Seasonal work” refers to jobs that are performed during a specific period of the year or jobs that experience increased activity during a certain season. Workers in these jobs are called seasonal workers. Seasonal jobs are commonly found in sectors such as tourism (accommodation and entertainment), agriculture, forestry, hunting, and fishing. An agricultural worker, on the other hand, is someone who works for pay in permanent, seasonal, or temporary agricultural jobs. During periods of intense agricultural production (spring and summer), seasonal agricultural workers are employed. In Turkey, these workers are primarily concentrated in the Çukurova, Aegean, Marmara, and Black Sea regions.

Article 4, paragraph (b) of the Labor Law No. 4857 states that labor laws do not apply in workplaces or businesses that engage in agriculture and forestry with fewer than 50 employees (including 50). This means that in workplaces where 51 or more agricultural workers are employed, workers are entitled to rights such as contract formation, wages, weekly and annual leave, contract termination, and health and safety protections.

Seasonal workers also have the right to form unions, participate in union activities, and benefit from collective bargaining agreements. However, due to the short duration of their work and the small number of workers in each workplace, organizing these workers can be difficult.

In this article, we focused on the rights of seasonal workers. According to the Court of Appeals’ decision dated 12.10.2010, E.2008/35528, K.2010/28674, “seasonal workers cannot claim annual paid leave or request compensation based on the annual paid leave provisions of the Labor Law No. 4857.” However, this decision has been debated in legal doctrine. It was argued that such a regulation would disadvantage workers by allowing employers to avoid providing annual leave by hiring workers for less than one year and then dismissing them. Consequently, in later decisions, the Court of Appeals accepted that once a worker exceeds 11 months of employment, their relationship is no longer considered seasonal, and the right to annual leave arises. These decisions have become consistent over time.

Social Security of Seasonal Agricultural Workers

Legal regulations regarding seasonal agricultural workers are quite inadequate in Turkey. With the omnibus law No. 6111, these workers were included in the social security system as of March 1, 2011.

According to the law, for seasonal agricultural workers to be insured:

a) They must not be employed under a service contract for their own account (including agriculture) or as public servants,

b) They must not be voluntary insured or a voluntary participant,

c) They must not be working under a bank fund scheme,

d) They must not receive income or monthly payments based on their own insurance,

e) They must not be insured under Law No. 2925,

f) They must be over 18 years old.

Statistics show that more than 60% of seasonal agricultural workers around the world live below the poverty line, more than 80% lack social security, and 70% work in the fields with their children. The situation in Turkey is no different. These statistics indicate that agricultural workers are often unaware of their rights in the face of their current situation.

What can be done to improve the conditions of these workers?

Firstly, a national database can be created to determine the situation of agricultural workers, which can help identify risks, diseases, and accidents. Measures can be taken to address these risks, and the use of personal protective equipment can be promoted. To improve the living conditions of workers, efforts should be made to improve working environments, starting with access to clean water and waste disposal. Legal regulations should be established, focusing on the employer’s responsibility, and inspections should be increased. Additionally, improving the industrial development of cities that send seasonal workers can help prevent population concentration in major cities. To reduce accidents in the sector, training programs should be institutionalized and expanded, and necessary engineering measures should be taken to make agricultural tools safer. Legal regulations for seasonal agricultural workers should not only be created but also enforced with strict monitoring.

In conclusion, ensuring that seasonal workers and their families live with dignity and securing their working and living conditions is the state’s responsibility. Ignoring the anonymous heroes of agriculture, acting as if they don’t exist, and allowing them to work in difficult conditions while living in poor accommodations and enduring their families’ suffering is contrary to the principle of a welfare state.

Adv. Şefik Ziroğlu