Flexible working provisions introduced into labor market by Law No. 6715 on 6 May 2016 to create a balance between flexibility and security for both workers and employers. The Law aimed at arranging temporary working relationship, and widened the activity-areas of private employment agencies.
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Now, the "Regulation on Private Employment Agencies," determines the conditions of temporary employment have been issued in Official Journal No. 29854 dated 11 October 2016.
Definition of Private Employment Agencies
Private Employment Agencies are defined as; "the offices established by legal and natural persons that are granted permission through Turkish Employment Organization to mediate for finding suitable jobs to job seekers and finding suitable workers for various jobs or/and performing activities on establishing temporary employment relationship."
Limits of Temporary Employment Relation
- According to above mentioned Regulation, authority of private employment agencies and right of employer as regard to establishing temporary employment confined to following circumstances:
- during the suspension period of a continuing work contract of employees who cannot perform their works for the employer because of military service, pregnancy, parental leave, annual leave, unpaid leave, imprisonment etc.
- in seasonal agricultural work,
- in domestic jobs,
- in some particular works, that are deemed as out of establishment's everyday main work routine, performed in short time and with intervals,
- in the maintenance of emergency works occurred with regard to job safety or in the circumstances of force majeure that affects the production in considerable extent
- in the case of unforeseen increase in the average work load of establishment that requires temporary employment,
- save for the seasonal agricultural work, in periodic workload increase.
MAIN POINTS OF TEMPORARY EMPLOYMENT RELATIONS
Most significant provisions of the Regulation concerning labor market are as follows:
Number of Temporary Workers
Number of temporary workers cannot exceed the ¼ of the total employees in the workplace; however the workplaces with ten or less employee can establish temporary employment relations with up to 5 workers.
Reemployment of a Temporary Worker
Employers of temporary workers cannot employ their own employees whose contracts terminated within the scope of temporary employment relationship unless six months past the termination date.
In their scope of mediation activity, private employment agencies can receive fee only from the members of the occupational groups of professional sportsman, technical director, trainer, fashion model and artists, as well as from the individuals who will be placed as general director or equivalent and higher positions.
Prohibitions on Establishing Temporary Employment Relationship
- No temporary employee can be engaged;
- During the labor dispute which has reached the strike and lock-out stage,
- During mass redundancy within the last eight months,
- In state institutions and organizations
- In mining establishments.
Working Conditions and Responsibility of Employer
- inform the temporary worker initially as to job vacancies in the workplace.
- provide the same social services for temporary workers the other employees are benefiting from.
- give the training in the scope of occupational health and safety
- notify the temporary worker's work accident and occupational illness immediately to the private employment agency and to the authorities.
Non-payment of Temporary Employee’s Wage:
Employer is obliged to check whether the wage of temporary employee who is working over a month is being paid or not by the agency. In case of non-paid wage, employer will put the employee’s wage into a bank account up to three months by setting-off the amount from agency’s due receivables.
The non-paid employees and the amount of wages should be notified to provincial directorate of Turkish Employment Organization by the employer as of 15 days of payment day.
Responsibility of Temporary Worker:
- is obliged to take part in the trainings which is in the scope of occupational health and safety (Law No. 6631, Article 17).
- is responsible to employers of temporary workers for damages arising from his/her own fault, on condition that the damage should be related to workplace or the job itself.
- cannot receive advance payment or borrow from employer so as to set-off from service charge of private employment agency later.