Atatürk University Policy on Equivalent Rights for Outsourced Workers (Third-Party/Contracted Staff)

1) Policy statement & scope

Atatürk University guarantees that all workers engaged through third parties (security, cleaning, catering, maintenance, ICT, research support, etc.) enjoy equivalent rights to comparable university employees performing similar work on campus. This commitment covers pay and social security compliance, working hours and overtime rules, health & safety (OHS), non-discrimination and anti-harassment protections, freedom of association/union rights, grievance and appeal pathways, maternity/paternity and family-friendly leave, and protection against retaliation.
As a public university, we apply the same ethical and employment standards whether services are delivered in-house or outsourced, mirroring best practice exemplars used by other state universities.

2) Legal foundation (Türkiye)

• Labour Law No. 4857 (alt işveren–asıl işveren): where a principal employer uses a subcontractor at the same workplace, the principal employer is jointly liable with the subcontractor for obligations arising from the Labour Law and employment contracts—establishing legal responsibility for wages, overtime, annual leave, OHS and social insurance. Antislavery in Domestic Legislation+2ISMMMO+2
  
  

• Public procurement & service-based tenders: where services are procured under Law No. 4734 and related secondary legislation, public bodies have duties on personnel-based service procurement, including provisions for severance payments and payroll safeguards for workers employed under such tenders. Çalışma ve Sosyal Güvenlik Bakanlığı
  

• Case law/administrative guidance further clarifies continuity of employment and parties’ obligations in subcontracting chains used by public institutions. Özdoğrular+2kimakademi.com.tr
  
  

Implication: Even when work is outsourced, Atatürk University remains responsible for ensuring rights are not diluted and for intervening if a vendor breaches labour standards.

3) Mandatory clauses in all outsourcing contracts

All service/outsourcing contracts and technical specifications issued by Atatürk University include minimum, non-negotiable requirements. Vendors must agree to and demonstrate continuing compliance with:

1. Pay & social security

   • Timely payment at or above legal wage floors; full registration with SGK (social insurance); correct premiums and taxes.

   • Parity of core conditions with comparable campus roles (working time limits, overtime premia, night/holiday pay). (Grounded in 4857.) ISMMMO
     
     

2. Working time, leave & family-friendly rights

   • Compliance with statutory weekly hour limits, rest breaks, paid annual leave, maternity/paternity and parental leave; no forced or disguised overtime. (Grounded in 4857 and related regulations.) ISMMMO

3. Health, safety and environment (OHS)

   • Provision of PPE, medical checks where applicable, risk assessments, induction and periodic OHS training; immediate incident reporting to the University OHS Coordinator; joint audits.

4. Non-discrimination, anti-harassment, dignity at work

   • Zero tolerance of discrimination (gender, nationality, disability, union status, etc.); sexual harassment prevention and investigation procedures aligned with our campus policies.

5. Freedom of association & unions

   • Respect for union membership and collective bargaining; no retaliation for union activity; facilitation of union access consistent with campus rules. (Public-sector union rights recognised in Turkey.) Refworld
     

6. Grievance & appeal

   • Outsourced workers may use the contractor’s internal mechanism and the University’s grievance/appeal channel when the issue concerns campus conditions or contract breaches—modeled on appeal schemes used by benchmark universities.

7. Continuity & severance safeguards in public tenders

   • Where contracts change hands, worker accrued rights (e.g., severance) are safeguarded per the regulation on personnel-based service procurements under Law 4734; the University verifies that severance liabilities are budgeted and paid. Çalışma ve Sosyal Güvenlik Bakanlığı

8. Subcontracting control & chain responsibility

   • No further sub-subcontracting without prior written consent; prime contractor remains liable for all lower-tier entities.

   • The University reserves the right to withhold payments to remedy unpaid wages/benefits proven by official records, consistent with joint-liability principles. Antislavery in Domestic Legislation
     
     

4) Due diligence, monitoring & enforcement

• Pre-award due diligence: labour compliance questionnaire; SGK/Tax clearance; OHS capacity check; prior violations screening.

• On-site audits: unannounced inspections with document sampling (payroll, time sheets, SGK e-declarations), worker interviews, and safety walks each semester.

• KPIs & reporting: vendors submit quarterly compliance reports (wage timeliness, accident statistics, training hours, grievances).

• Corrective action: graduated sanctions (CAPs, financial penalties, suspension/termination for material breach).

• Joint liability response: if violations persist (e.g., unpaid wages), the University will intervene and remedy per 4857 principles, then recover from the contractor as contractual debt. Antislavery in Domestic Legislation

5) Inclusion, gender & international staff safeguards

• Outsourced workforce policies explicitly cover women and migrant/international workers: equal access to facilities (childcare, lactation rooms where available), anti-harassment support, maternity protections, and translation/assistance for non-Turkish speakers in safety trainings and grievance steps.

• Union access and participation are affirmed for outsourced staff, consistent with national law and campus practice. Refworld