In Türkiye, the employment of individuals who have reached the age of 15 but have not yet completed 18 years is strictly regulated by specific legal frameworks. These regulations are designed to protect the health and education of young workers. The conditions under which young workers can be employed vary depending on the sector and the type of work they are engaged in. These regulations become more apparent, especially in the case of mandatory and voluntary internship situations. Below is a detailed examination of the legal regulations regarding the employment of young workers.

1. Employment of Young Workers in Mandatory Internship Situations

The wages and insurance status of young workers employed in mandatory internships are regulated by Article 25 of the Vocational Education Law No. 3308. According to this regulation, the minimum wage for a young worker in a mandatory internship should be at least 30% of the net minimum wage. However, if the intern is working in an enterprise with fewer than 20 employees, this rate can be reduced to 15%. These wages are determined in proportion to the training the interns receive, and it is the employer’s responsibility to ensure that the interns can continue their work without violating their rights.

The insurance status of young workers in mandatory internships is also subject to a specific framework. These young workers are entitled only to accident and occupational disease insurance. However, if the intern is not considered a dependent, general health insurance provisions will also apply. This regulation is considered a preventive measure to protect the health of young workers during their time at the workplace.

Young workers in mandatory internships are also entitled to paid leave during midterm and summer holidays, as specified in Article 144/i of the Ministry of National Education’s Secondary Education Institutions Regulation. The total paid leave should be one month during these holiday periods, and their wages cannot be deducted during this period.

Furthermore, according to Article 18 of the Vocational Education Law No. 3308, businesses with 10 or more employees are required to provide vocational and technical training to students at least 5% of their workforce. This regulation aims to ensure that larger businesses contribute to the vocational development of the young labor force.

2. Employment of Young Workers in Voluntary Internship Situations

If a young person is engaged in a voluntary internship, different legal regulations apply. In this case, the school does not have an insurance obligation, and the employer is required to insure the young worker under the 4/a status. The employer is also obliged to pay a wage to the young intern. If the employer fails to pay the agreed wage or makes any deductions, the intern will be considered an illegal worker, which can result in serious legal consequences for the employer.

Young workers in voluntary internships, like other employees, are entitled to social insurance benefits, including accident, occupational disease, and health insurance. Additionally, if there is any failure to pay the full wage or make appropriate deductions, the employer will be held legally responsible and may face penalties.

3. General Regulations Regarding the Employment of Young Workers

Young workers who are 16 years old or older are considered “young employees” under the Occupational Health and Safety Law No. 6331. Special provisions apply to ensure the health and safety of these workers, and their working conditions are regulated with great care. The types of work young workers can engage in must be carefully selected to ensure their safety. Some of the key regulations regarding the working conditions of young workers are as follows:

• 3.1. Rest Periods

Young workers must be given certain breaks during their working hours. If the duration of the work is more than two hours but less than four hours, a minimum of 30 minutes of rest is required. If the working time is between four and seven and a half hours, a one-hour break must be given.

• 3.2. Hafta Tatili ve Yıllık İzinler

The weekly rest for young workers must be at least 40 continuous hours. Additionally, young workers are entitled to at least 20 days of paid annual leave. These leaves must be used continuously, although they can be split in exceptional circumstances.

• 3.3. Leave Rights During Educational Periods

Young workers who continue their education should use their annual leave during school holidays. This ensures that their education is not disrupted, and the holidays can be used effectively.

• 3.4. Night Shifts and Hazardous Jobs

It is prohibited to employ individuals under the age of 18 in night shifts. Additionally, jobs that are harmful to health, involve exposure to chemicals or radioactive substances, or require working in extreme temperatures are prohibited. One of the key aims of these regulations is to protect the physical and psychological development of young workers.

• 3.5. Jobs Prohibited for Young Workers

There are specific jobs where young workers cannot be employed. These include:

• Preparation, cleaning, and finishing tasks: These types of jobs often pose safety risks for young workers and may subject them to heavy workloads.
• Production and sale of alcohol, tobacco, or addictive substances: Such work may negatively affect the physical and psychological health of young workers.
• Jobs with high noise or vibration levels: Such work can lead to hearing loss and other health problems for young workers.
• Work involving harmful chemicals or radioactive materials: This type of work can cause long-term health problems for young workers.
• Jobs in extremely hot or cold environments: Working in such environments can seriously harm the physical health of young workers.
• Night shift work: Given the biological needs for sleep and the importance of maintaining a healthy sleep cycle, night shifts are prohibited for young workers.

4. Conclusion

The employment of young workers is not only an economic matter but also a social responsibility. Including young people in both educational and work life is an essential tool for social development. However, this process must be carried out within a strict legal framework. The protection of young workers' rights, whether in mandatory or voluntary internships, can only be achieved if employers fulfill their legal obligations. Employers who violate these legal provisions face serious legal consequences. The rights of young workers are not limited to wages and working conditions; their health and safety are also paramount. Therefore, both employers and the public must be conscious of these regulations, ensuring a healthy and sustainable working life for young people.