Sosyal Politika ve İş Hukuku Dergisi

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Mesleki ve Teknik Ortaöğretim Öğrencilerinin Sosyal Güvenlikleri

ÖZ

Mesleki ve teknik ortaöğretim kurumlarında öğrencilere sadece okulda alan eğitimi veya tamamlayıcı eğitim değil işletmelerde meslek eğitimi ile işletmelerde staj eğitimi de verilmektedir. Öteden beri “çıraklık eğitimi” veya “çıraklık ve kalfalık eğitimi” olarak bilinen eğitim de işletmelerde meslek eğitimine dahildir. Ülkemizde mesleki ve teknik ortaöğretim kurumlarının büyük bir bölümü mesleki ve teknik Anadolu lisesi, çok programlı Anadolu lisesi ile müstakil mesleki eğitim merkezlerinden oluşmaktadır. Bu okullardan mesleki ve teknik Anadolu lisesi ile çok programlı Anadolu lisesinde öğretim programı olarak Anadolu teknik programı, Anadolu meslek programı ve mesleki eğitim merkezi programı aynı anda uygulanabilmektedir. Müstakil mesleki eğitim merkezlerinde ise sadece mesleki eğitim merkezi programı uygulanmaktadır. Mesleki ve teknik ortaöğretim öğrencileri hakkında kayıtlı oldukları program türüne göre iş kazası ve meslek hastalığı ile hastalık sigortası veya sadece iş kazası ve meslek hastalığı sigortası hükümleri uygulanmaktadır. Şöyleki, Mesleki Eğitim Kanununda belirtilen aday çırak, çırak ve işletmelerde mesleki eğitim gören öğrenciler hakkında iş kazası ve meslek hastalığı ile hastalık sigortası; mesleki ve teknik ortaöğretimleri sırasında staja tabi tutulan, tamamlayıcı eğitim ya da alan eğitimi gören öğrenciler hakkında ise sadece iş kazası ve meslek hastalığı sigortası hükümleri uygulanmaktadır. Bu öğrencilerden genel sağlık sigortalısı veya bakmakla yükümlü olunan kişi sayılmayanların genel sağlık sigortası primleri de ödenmektedir.
Anahtar Kelimeler : Mesleki ve Teknik Ortaöğretim, Tamamlayıcı Eğitim, Alan Eğitimi, İşletmelerde Meslek Eğitimi, Staj Eğitimi, Sosyal Güvenlik.
Social Security Status of Students in Vocational and Technical Secondary Education

ABSTRACT

: In vocational and technical secondary education institutions, students are provided not only with field-specific training or supplementary education at school, but also with vocational training in enterprises and internship training in workplaces. Education, traditionally referred to as “apprenticeship training” or “apprenticeship and journeyman training,” is likewise included within vocational training in enterprises. In Türkiye, the majority of vocational and technical secondary education institutions consist of Vocational and Technical Anatolian High Schools, Multi-Program Anatolian High Schools, and independent Vocational Training Centres. In Vocational and Technical Anatolian High Schools and Multi-Program Anatolian High Schools, the Anatolian Technical Programme, Anatolian Vocational Programme, and Vocational Training Centre Programme may be implemented concurrently as instructional programmes. In independent Vocational Training Centres, however, only the Vocational Training Centre Programme is implemented. For vocational and technical secondary education students, either the provisions of occupational accident and occupational disease insurance together with health insurance, or only the provisions of occupational accident and occupational disease insurance, are applied, depending on the type of programme in which they are enrolled. Accordingly, candidate apprentices, apprentices, and students receiving vocational training in enterprises as defined under the Vocational Education Law are covered by occupational accident and occupational disease insurance as well as health insurance. In contrast, students who are subject to internships or receive supplementary education or field-specific training during their vocational and technical secondary education are covered only by occupational accident and occupational disease insurance. For students who are neither insured under the General Health Insurance scheme nor regarded as dependants, general health insurance premiums are also paid.

Extended Summary

In vocational and technical secondary education institutions, students are provided not only with field-specific training or supplementary education at school, but also with vocational training in enterprises and internship training in workplaces. Education, traditionally referred to as “apprenticeship training” or “apprenticeship and journeyman training,” is likewise included within vocational training in enterprises. In Türkiye, the majority of vocational and technical secondary education institutions consist of Vocational and Technical Anatolian High Schools, Multi-Program Anatolian High Schools, and independent Vocational Training Centres. In Vocational and Technical Anatolian High Schools and Multi-Program Anatolian High Schools, the Anatolian Technical Programme, Anatolian Vocational Programme, and Vocational Training Centre Programme may be implemented concurrently as instructional programmes. In independent Vocational Training Centres, however, only the Vocational Training Centre Programme is implemented.

For vocational and technical secondary education students, either the provisions of occupational accident and occupational disease insurance together with health insurance, or only the provisions of occupational accident and occupational disease insurance, are applied, depending on the type of programme in which they are enrolled. Accordingly, candidate apprentices, apprentices, and students receiving vocational training in enterprises as defined under the Vocational Education Law are covered by occupational accident and occupational disease insurance as well as health insurance. In contrast, students who are subject to internships or receive supplementary education or field-specific training during their vocational and technical secondary education are covered only by occupational accident and occupational disease insurance. For students who are neither insured under the General Health Insurance scheme nor regarded as dependants, general health insurance premiums are also paid.

Students enrolled in the Anatolian Technical Programme and the Anatolian Vocational Programme are deemed insured as of Grade 9 during their field-specific training at school, and the provisions of occupational accident and occupational disease insurance apply to them. Students of the Anatolian Technical Programme are required to complete their compulsory workplace internship training, which must be fulfilled by the end of Grade 11, during the semester breaks and summer holidays. However, due to the insufficient availability of enterprises, Anatolian Vocational Programme students who are required to continue their vocational training at school instead of in enterprises must complete a 40-working-day internship in order to be eligible for graduation. The provisions of occupational accident and occupational disease insurance also apply to students who are subject to internship training in enterprises. On the other hand, students enrolled in the Anatolian Vocational Programme participate in vocational training in enterprises starting from Grade 11 or Grade 12. Within this programme, Grade 11 students receive vocational training in enterprises two days per week, while Grade 12 students receive vocational training three days per week, and during this training period, the provisions of occupational accident and occupational disease insurance as well as health insurance apply to them. Students enrolled in independent Vocational Training Centres or those registered in the Vocational Training Centre Programme participate in vocational training in enterprises four days per week throughout their four-year education starting from Grade 9, and receive theoretical training one day per week at school or in enterprise training units. For these students as well, the provisions of occupational accident and occupational disease insurance, together with health insurance, apply as of Grade 9.

The insurance premiums of the aforementioned students, as well as the general health insurance premiums of those who are not entitled to healthcare coverage, are covered by the Ministry of National Education and the relevant secondary education institutions. However, the compulsory general health insurance premiums of certain students are not paid by the Ministry of National Education. These include students who are themselves compulsorily insured, students receiving pensions from the Social Security Institution, foreign national students whose general health insurance coverage is optional and who have applied to be registered as general health insurance beneficiaries, students deemed general health insurance beneficiaries under the poor status whose premiums are covered by the Treasury, and students deemed general health insurance beneficiaries under the affluent status who pay their premiums themselves. However, for students enrolled in independent Vocational Training Centres, the general health insurance premiums of married students, female students who have reached the age of 20 and do not have healthcare entitlement, and male students who are healthcare beneficiaries under Law No. 5434 and have reached the age of 25 must be paid by the relevant vocational and technical education institution. Since the general health insurance coverage of foreign national students is optional, the general health insurance premiums of those who do not apply for coverage must be paid by the relevant schools and institutions. Syrian students residing in Türkiye under temporary protection status, who are not considered general health insurance beneficiaries or dependants under the applicable legislation, must likewise have their general health insurance premiums paid by the relevant schools and institutions.

In the notification of insured service periods of vocational and technical secondary education students, the number of premium payment days must, as a rule, be declared on the basis of 30 days. Since students’ insured status is based on a vocational training relationship, no declaration of missing days should be made except in cases that result in non-attendance at school or training, such as paid or unpaid leave and medical rest. In all circumstances, students’ daily insurance bases shall be calculated as half of the daily minimum wage. Determining the insurable earnings base in this manner will result in lower social insurance benefits for students. It is noteworthy that students enrolled in vocational middle schools established within Vocational and Technical Anatolian High Schools, as well as students participating in craft workshops established within public vocational and technical education institutions, are not considered insured and are excluded from social protection. In addition, while the insurance premiums of students participating in the vocational training centre mastership make-up programme are covered, the insurance premiums of students enrolled solely in the diploma make-up programme are not paid. When reporting students’ insured service periods, premium declarations must be issued under the correct document types by taking into account the education programmes in which they are enrolled, and the accrued insurance premiums must be duly paid.

The procedures for students’ insurance entry and exit notifications, the preparation and submission of premium declarations, and the submission of notifications of non-working status in cases of medical leave are carried out by the relevant vocational and technical secondary education institutions. The students for whom these notifications are made by vocational and technical secondary schools or institutions include those receiving field-specific training at school, as well as those undergoing vocational training and internship training in enterprises. Under social security legislation, such social insurance procedures are generally performed by employers. However, Law No. 5510 does not explicitly specify who the employers of these students are. Nevertheless, vocational and technical secondary schools and institutions are regarded as the parties liable for the payment of premiums. Their obligations in notifying the Institution regarding students within the scope are not in the capacity of an employer, but rather in the capacity of a party obliged to notify. While the Institution considers vocational and technical secondary schools and institutions as employers for the purpose of fulfilling these obligations, it also deems the schools in which the students are enrolled, at least technically, to be workplaces.

Keywords : Vocational and Technical Secondary Education, Supplementary Education, Field-Specific Education, Workplace-based Vocational Training, Practical Training, Social Security

Kaynak Göster

APA
BİLGİLİ, Ö., & . ( 2026). Mesleki ve Teknik Ortaöğretim Öğrencilerinin Sosyal Güvenlikleri. Çalışma ve Toplum, (), -. https://doi.org/10.54752/ct.1862068