4447 Sayılı Sosyal Güvenlik Reformu Yasası ve 4773 Sayılı İş Güvencesi Yasası Karşısında KAYIT DIŞI İŞÇİLİK VE BİR MODEL ÖNERİSİ

The model that we suggest in this article is; to explain the "additional legal precaution" that should be taken to prevent the "informal employment". Because the "Social Security Reform Law" (no. 4447) (Unemployment Insurance Act) and the "Job Security Act" (no. 4773) that is partly transformed into the "Labour Law" (no. 4857), is not efficient to prevent informal employment. In our model we propose to add a paragraph to the 6th clause of Social Insurance Law (no. 506) and two sentences to the 31st clause, 6th paragraph of Trade Union Law (no. 2821), without changing any of the present provisions. Consequently, there is an exception for the restriction in the i8th clause of Labour Law, "the workers who are engaged for an undefinite period in an establishment with thirty or more workers and meet a minimum seniority of six months" and "the employer's representative and his assistants authorized to manage the entire establishment but who is also authorized to terminate employees" for the workers who are willing to from the Social Security System, this exception is supported by the "trade union membership security". Already, %J0 of the workplaces are audited by the Ministry of Labour, through trade unions much more workplaces will be audited and trade unions will be helpful to prevent informal employment. As a matter of fact, if we think that the trade unions' most important task is to prevent unfair competition by providing uniform working conditions, the informal employment which is today's most important unfair competition source, will be mostly prevented. We shouldn't forget that, the union branches all around the country knows exactly how many illegal workers is employed in each workplace. Because the workers that are employed in these workplaces are afraid of loosing their jobs, can't resort to the Regional Directorate of the Ministry of Labour and prefer to resort to the trade unions for a solution. The model that we suggest intends to include the workers that are working informally, to the Social Insurance and Industrial Relations System by the support of the trade unions.