Extended Summary

Extended Summary
This study examines the legal and structural framework governing the social security status of workers engaged in seasonal and intermittent agricultural and forestry activities under an employment contract within the scope of Additional Article 5 of the Turkish Social Insurance and General Health Insurance Law No. 5510. Social security constitutes a fundamental human right recognized in international human rights instruments as well as in national constitutional systems, with the aim of protecting individuals against social, economic, and occupational risks such as illness, old age, unemployment, maternity, work accidents, occupational diseases, and death. In Türkiye, this right is constitutionally guaranteed under Article 60 of the Constitution. However, despite this constitutional assurance, agricultural and forestry workers—particularly those engaged in seasonal and intermittent employment relations—have historically remained outside the scope of comprehensive social protection or have been incorporated into the system only through delayed and fragmented regulatory interventions.
Within this context, the study first analyses the normative structure of Additional Article 5, focusing on its legal nature, scope of application, and eligibility conditions. Pursuant to this provision, workers engaged in seasonal agricultural or forestry activities under an employment contract are classified as insured under Article 4/1-a of Law No. 5510. Nevertheless, unlike the general regime applicable to employees, insurance coverage under Additional Article 5 is initiated not ex officio upon commencement of employment but upon the individual application of the worker. This characteristic constitutes a significant deviation from the principle of compulsory insurance, which is one of the foundational principles of the Turkish social security system. Moreover, the registration process is largely dependent on documentation submitted by workers themselves and approved by local administrative units, thereby differentiating this group from standard insured employees whose registration is directly undertaken by employers.
A further structural distinction concerns the financing mechanism of the insurance scheme. In the general system applicable to Article 4/1-a insured persons, social security premiums are shared between employer and employee, with the employer bearing the predominant share and responsible for declaration and payment obligations. In contrast, under Additional Article 5, insured persons are obliged to pay the entire social security contribution, including both employer and employee shares. This creates a disproportionate financial burden, particularly given the seasonal, irregular, and low-income nature of agricultural employment. Consequently, the sustainability of regular premium payments is significantly undermined, leading to discontinuities in insurance coverage and, in many cases, exclusion from the system in practice.
The study further evaluates the scope of protection provided under both short-term and long-term insurance branches. Although individuals covered under Additional Article 5 are formally included within the scope of employment-based insurance, their entitlement to benefits is subject to more restrictive conditions compared to standard employees. In terms of short-term insurance branches, coverage is limited exclusively to occupational accidents and occupational diseases, while sickness and maternity benefits are excluded. In addition, access to benefits is conditioned upon strict requirements such as prior registration at least ten days before the occurrence of the insured event and absence of outstanding premium debt. These conditions significantly limit effective access to social protection and are assessed as being incompatible with the preventive and protective function of social security law.
With regard to long-term insurance branches—namely invalidity, old-age, and survivors’ insurance—the study highlights that insured persons under Additional Article 5 are required to meet stringent eligibility conditions, including minimum contribution periods and the absence of outstanding premium liabilities. These requirements create structural barriers for seasonal agricultural workers, whose employment patterns are inherently irregular and fragmented. As a result, although these individuals are formally integrated into the insurance system, their ability to benefit from its long-term protective mechanisms remains substantially limited.
The study also critically addresses the legal coherence of Additional Article 5 in relation to the principle of compulsory insurance. Despite being classified under Article 4/1-a, the operational structure of the regime exhibits characteristics closely resembling voluntary insurance, due to its application-based initiation, self-responsibility in registration, and flexible termination mechanisms. This hybrid structure undermines the compulsory nature of social insurance and generates legal inconsistencies within the system. Furthermore, additional requirements such as prior registration and absence of premium debt for benefit entitlement further weaken the protective scope of the regime.
In a broader socio-economic context, the study situates Additional Article 5 within the persistent problem of informal employment in the agricultural sector. Agricultural employment in Türkiye continues to exhibit the highest levels of informality across all sectors of the economy. Despite policy efforts aimed at reducing informality, structural barriers such as high premium burdens, irregular income patterns, and administrative complexity prevent effective inclusion of seasonal workers in the formal social security system. In this respect, the current regulatory framework is considered insufficient to achieve the objectives of universality and inclusiveness in social protection.
In conclusion, the study argues that although Additional Article 5 represents an important legislative attempt to extend social security coverage to a highly vulnerable segment of the labour force, its current design remains inadequate in ensuring effective and equitable protection. The findings indicate that the existing system diverges from fundamental principles of social security law, particularly the principles of compulsory coverage, equality, and universality. Accordingly, the study recommends the restructuring of the current model through the introduction of fully compulsory insurance coverage, the redistribution of premium obligations between employers and employees, the simplification of administrative procedures, and the removal of restrictive eligibility conditions. Such reforms would contribute to strengthening social protection mechanisms for seasonal agricultural and forestry workers and enhancing the overall inclusiveness and sustainability of the Turkish social security system.