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

Atatürk University | SDG 8 – Decent Work and Economic Growth | Indicator 8.2.5

Reporting Year: 2025

Atatürk University is committed to protecting the employment rights, occupational health and safety, dignity and welfare of all individuals working within its institutional environment, including workers employed through third-party contractors and outsourced service providers.

The University recognises that outsourcing institutional activities must not undermine fundamental employment rights or weaken legally established worker protections.

Its approach is based on the principle that outsourced workers should receive employment protections equivalent to those applicable to comparable workers performing similar duties, taking into account the relevant employment legislation and contractual arrangements.

This commitment encompasses employees providing services in areas such as:

• Cleaning and environmental services.
• Security services.
• Catering and food services.
• Maintenance and technical support.
• Information and communication technologies.
• Facility management.
• Other contracted institutional services.

The University’s framework addresses wages, social security, working conditions, occupational health and safety, non-discrimination, freedom of association, employee grievances and the legal responsibilities of contractors and principal employers.

During 2025, these principles remained relevant to the University’s procurement, employment and contractor management activities.

1. Institutional Policy and Scope

1.1. Equal Protection of Employment Rights

Atatürk University recognises the importance of protecting outsourced workers against disadvantage arising solely from their employment through third-party service providers.

The University’s policy framework addresses the following fundamental rights:

1. Fair and lawful remuneration.
2. Social security registration and contributions.
3. Compliance with statutory working hours.
4. Overtime compensation.
5. Paid annual leave and statutory rest periods.
6. Occupational health and safety.
7. Protection against discrimination and harassment.
8. Freedom of association and trade union membership.
9. Maternity, paternity and other statutory leave rights.
10. Access to complaint and grievance procedures.
11. Protection against unlawful retaliation.
12. Safeguarding of accrued employment entitlements.

These principles are intended to ensure that the University’s commitment to decent work extends to workers engaged through external service providers.

1.2. Application to Third-Party Contractors

The policy framework is relevant to contractors delivering services on University premises or performing work on behalf of the institution.

Outsourced service arrangements must comply with applicable Turkish labour legislation, public procurement regulations and occupational health and safety requirements.

The University recognises the importance of ensuring that the employment status of a worker does not result in the loss of rights guaranteed by law.

2. Legal Framework for Outsourced Workers in Türkiye

2.1. Labour Law No. 4857

Turkish Labour Law No. 4857 establishes fundamental employment protections, including provisions concerning principal employers and subcontractors.

Article 2 regulates the relationship between a principal employer and a subcontractor.

Where the statutory conditions for a principal employer–subcontractor relationship are met, the principal employer and subcontractor may bear joint responsibility for employment obligations arising from the relevant legislation, employment contracts and applicable collective agreements.

This legal framework is particularly important for protecting outsourced workers.

It provides safeguards concerning:

• Wage payments.
• Working conditions.
• Employment entitlements.
• Applicable collective agreement obligations.
• Legal responsibilities within subcontracting relationships.

Evidence: Turkish Labour Law No. 4857 – English Translation

Evidence: Turkish Labour Law No. 4857 – Turkish Text

2.2. Public Procurement Law No. 4734

Atatürk University, as a public institution, conducts applicable procurement activities under Public Procurement Law No. 4734 and related legislation.

The procurement framework establishes requirements for public purchasing processes, contractual arrangements and compliance with relevant administrative provisions.

For service procurement involving personnel, applicable legislation includes protections concerning certain accrued employment entitlements.

2.3. Severance Payment Protections

Türkiye has specific regulations concerning severance payments for workers employed under qualifying personnel-based service procurement contracts.

These provisions establish procedures for determining and paying severance entitlements within the applicable legal framework.

They are relevant to workers whose employment has involved public-sector subcontracting arrangements.

Official evidence: Ministry of Labour and Social Security – Regulation on Severance Payments for Workers Employed under Personnel-Based Service Procurement

2.4. Occupational Health and Safety Law No. 6331

Occupational Health and Safety Law No. 6331 establishes obligations concerning workplace health and safety.

Relevant requirements include:

• Risk assessments.
• Occupational safety training.
• Workplace hazard prevention.
• Protective equipment.
• Emergency preparedness.
• Accident reporting.
• Occupational health services.

The legislation applies according to the relevant statutory provisions and workplace arrangements.

Evidence: Ministry of Labour and Social Security – Occupational Health and Safety

2.5. Social Security Law No. 5510

Social Insurance and General Health Insurance Law No. 5510 regulates social security registration, insurance contributions and applicable employee protections.

Compliance with these provisions is essential to safeguarding outsourced workers’ access to statutory social protection.

Evidence: Social Security Institution

3. Wage Protection and Social Security Rights

3.1. Wage Payments

Workers employed through third-party contractors are entitled to the wage protections established by applicable labour legislation.

The University’s outsourcing framework emphasises:

• Payment of wages within legally required periods.
• Compliance with the statutory minimum wage.
• Accurate calculation of overtime.
• Payment of applicable holiday and additional work entitlements.
• Protection against unlawful deductions.
• Compliance with contractual remuneration obligations.

These requirements help protect workers from wage-related disadvantage.

3.2. Social Security Registration

Contractors are responsible for fulfilling applicable social security obligations.

These include:

• Registration of eligible employees with the Social Security Institution.
• Accurate reporting of employment.
• Payment of legally required insurance contributions.
• Compliance with applicable employment documentation requirements.

The University’s contractor management framework recognises the importance of monitoring compliance with these obligations.

3.3. Equivalent Core Employment Protections

Atatürk University’s approach is based on protecting the core statutory rights of outsourced workers.

These protections include working time, overtime, leave, social security and occupational safety.

Equivalent rights do not necessarily require identical salary scales or employment benefits across legally distinct employment categories.

The objective is to prevent outsourcing from being used to circumvent applicable employee protections.

4. Working Hours, Overtime and Leave Entitlements

4.1. Working Time

Outsourced workers are entitled to the protections established by Turkish labour legislation concerning working hours.

The standard statutory framework generally provides for a maximum ordinary working week of 45 hours, subject to the applicable legal rules and permitted arrangements.

4.2. Overtime Compensation

Where overtime is performed, employees are entitled to the compensation or alternative arrangements required by law.

Contractors must comply with the applicable provisions governing:

• Overtime authorisation.
• Overtime remuneration.
• Working time records.
• Rest periods.
• Weekly rest.
• Public holiday work.

4.3. Paid Leave

Applicable statutory leave protections include:

• Annual paid leave.
• Maternity leave.
• Paternity-related leave.
• Other family-related leave entitlements.
• Statutory rest periods.

The University recognises that outsourced employment arrangements should not be used to deny workers legally established leave rights.

Evidence: Labour Law No. 4857

5. Occupational Health and Safety Protections

5.1. Safe Working Conditions

Atatürk University recognises occupational health and safety as a fundamental component of decent work.

Contractors providing services within the University environment are required to comply with applicable workplace safety legislation.

Relevant measures include:

• Identification of workplace hazards.
• Risk assessments.
• Provision of necessary personal protective equipment.
• Occupational health and safety training.
• Emergency response procedures.
• Incident reporting.
• Appropriate health surveillance.

5.2. Protection Across Service Categories

Occupational safety requirements are particularly important in outsourced activities involving:

5.3. Contractor Coordination

Where multiple employers operate at the same workplace, applicable occupational health and safety legislation establishes coordination responsibilities.

Atatürk University’s institutional framework recognises the importance of communication between University units and contracted service providers to manage workplace risks.

Evidence: Ministry of Labour and Social Security – Occupational Health and Safety Directorate

6. Non-Discrimination and Protection Against Harassment

6.1. Equal Treatment

Atatürk University supports a working environment in which individuals are treated with dignity and respect.

Outsourced workers are entitled to applicable protections against unlawful discrimination.

Relevant principles include:

• Gender equality.
• Equal treatment under applicable employment legislation.
• Protection against workplace harassment.
• Respect for disability-related rights.
• Protection of lawful union participation.
• Respect for employees’ personal dignity.

6.2. Women Workers

Female employees engaged through third-party contractors are entitled to the protections established by applicable legislation.

These include maternity-related employment protections, lawful leave entitlements and protection against gender-based discrimination.

6.3. International Workers

International workers employed under lawful arrangements are entitled to applicable employment and workplace protections.

Their rights are determined by the relevant labour, social security and work authorisation legislation.

The University’s framework recognises that nationality should not be used to justify unlawful discrimination or denial of applicable employment rights.

6.4. Protection Against Harassment

The University’s institutional approach emphasises the importance of preventing workplace harassment and ensuring that concerns can be raised through appropriate procedures.

Contractors remain responsible for complying with applicable employment and workplace protection obligations.

7. Freedom of Association and Trade Union Rights

7.1. Union Membership

Outsourced workers have the right to participate in trade union activities where they satisfy the eligibility requirements of the applicable legislation.

Law No. 6356 establishes important protections concerning union membership and collective labour agreements.

7.2. Collective Bargaining

Eligible outsourced workers may benefit from collective bargaining arrangements applicable to their employment relationships.

The University recognises the importance of respecting lawful union activity and applicable collective agreements.

7.3. Protection Against Retaliation

Applicable labour legislation protects employees against unlawful discrimination and retaliation arising from the lawful exercise of trade union rights.

These protections are relevant to workers employed by third-party contractors.

Evidence: Ministry of Labour and Social Security – Trade Union and Collective Labour Agreement Legislation

8. Grievance and Complaint Mechanisms

8.1. Access to Employment-Related Remedies

Outsourced workers may raise employment concerns through the complaint and legal remedy mechanisms available under Turkish legislation.

These may include:

• Contractor-level grievance procedures.
• Applications to competent public authorities.
• Labour-related administrative mechanisms.
• Judicial remedies.
• Trade union representation, where applicable.

8.2. University-Level Communication

Atatürk University recognises the importance of ensuring that concerns affecting workplace safety and institutional service conditions can be communicated to the relevant University units.

Where a complaint concerns the performance of an outsourced service or a contractual obligation, the matter may be considered through the University’s relevant administrative and contract management processes.

8.3. Protection of Complainants

The University’s policy approach supports protection against unlawful retaliation when employees exercise their legally recognised rights.

Specific institutional complaint procedures for third-party workers should be documented through the applicable internal policies and contractual arrangements.

9. Public Procurement and Contractor Responsibilities

9.1. Contractual Compliance

Atatürk University’s outsourced service arrangements are governed by applicable procurement legislation and contractual requirements.

Contractors are responsible for complying with relevant provisions concerning:

• Employment law.
• Wage payments.
• Social security.
• Occupational health and safety.
• Service performance.
• Employee rights.
• Applicable collective agreements.

9.2. Principal Employer and Subcontractor Responsibility

Under Article 2 of Labour Law No. 4857, principal employer and subcontractor relationships may create joint legal responsibility for relevant employment obligations.

This framework helps prevent workers from losing statutory protections merely because their direct employer is a subcontractor.

9.3. Employment Continuity and Accrued Rights

Applicable legislation provides protections for certain employment entitlements, including severance rights in qualifying arrangements.

The University recognises the importance of ensuring that contractor transitions and procurement arrangements are administered in accordance with these requirements.

9.4. Compliance Monitoring

Relevant contract management and administrative procedures can be used to review contractor compliance.

Such monitoring may include:

• Examination of contractual documentation.
• Verification of relevant employment records.
• Review of statutory compliance obligations.
• Occupational safety documentation.
• Assessment of reported contractual breaches.

The exact frequency and scope of institutional inspections depend on the relevant contract and administrative procedures.

10. Institutional Monitoring and Enforcement Framework

The University’s outsourced worker protection approach can be assessed through the following compliance areas.

These monitoring areas provide a framework for demonstrating compliance with worker protection requirements.

Documented evidence of implementation should be drawn from the University’s actual 2025 procurement and contractor records.

11. Inclusion of Women and International Workers

Atatürk University’s approach to outsourced worker protections recognises the importance of inclusive employment practices.

The framework encompasses:

Women workers

• Equal treatment under applicable legislation.
• Maternity-related protections.
• Statutory leave rights.
• Protection against workplace harassment.
• Access to applicable grievance procedures.

International workers

• Compliance with applicable employment and work authorisation rules.
• Lawful wage and working condition protections.
• Occupational health and safety.
• Protection against unlawful discrimination.
• Access to applicable employment remedies.

These protections are intended to ensure that outsourcing does not create unjustified exclusions from fundamental workplace rights.

12. Institutional Responsibilities

Several University functions are relevant to the implementation of outsourced worker protections.

12.1. Administrative and Financial Affairs

Relevant responsibilities may include:

• Procurement administration.
• Contract management.
• Service delivery oversight.
• Monitoring contractual compliance.

12.2. Personnel Administration

Personnel-related administrative functions provide expertise concerning employment regulations and applicable worker protections.

12.3. Occupational Health and Safety

The University’s occupational health and safety arrangements support the management of workplace risks affecting personnel and other workers operating within the institutional environment.

12.4. Financial Administration

Financial administration and internal control mechanisms contribute to compliance with public financial management and procurement requirements.

Together, these functions provide the administrative framework within which outsourced services are managed.

13. Supporting Evidence

14. Contribution to SDG 8 – Decent Work and Economic Growth

Atatürk University supports the protection of fundamental employment rights for workers engaged through third-party contractors and outsourced service providers.

Its framework is grounded in Turkish Labour Law No. 4857, Public Procurement Law No. 4734, Occupational Health and Safety Law No. 6331 and Social Security Law No. 5510.

These provisions establish protections concerning wages, social security, working hours, leave entitlements, workplace safety, freedom of association and applicable employment remedies.

The University recognises that outsourced workers, including women and eligible international employees, should not lose fundamental legal protections because services are delivered through external contractors.

Through public procurement compliance, recognition of principal employer responsibilities, contractor management and institutional workplace safety arrangements, Atatürk University contributes to SDG 8 – Decent Work and Economic Growth, Indicator 8.2.5: Equivalent Rights for Outsourced Workers.