Turkish Labor Law
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Turkish government has taken a decisive step to introduce flexible working arrangements into labor market. Despite the similar previous legislative efforts had been remained inconclusive in the past, the draft “ON AMENDING THE LABOR LAW AND TURKISH EMPLOYMENT ORGANIZATION LAW” that arranges the temporary working relationship and widening the activity-areas of private employment agencies, and introducing new type of telecommuting, is accepted in Parliament’s Health, Family, Labor and Social Policies Commission now.
WHAT IS SECURE FLEXIBILITY IN LABOR MARKET?
Flexicurity, a combined term refers to flexibility and security in the labor market, had been introduced at the beginning of the 2000’s. The framework of the term is determined in Directive 2008/104/Ec of the European Parliament and of the Council, adopted on 19 November 2008, stating that “…new forms of work organization and a greater diversity of contractual arrangements for workers and businesses, better combining flexibility with security, would contribute to adaptability. Furthermore, the December 2007 European Council endorsed the agreed common principles of flexicurity, which strike a balance between flexibility and security in the labor market and help both workers and employers to seize the opportunities offered by globalization.”
I – TEMPORARY EMPLOYMENT THROUGH PRIVATE EMPLOYMENT AGENCIES
Although the government proposal concerning flexible work had passed through the Parliament in 2009, it was vetoed due to strong opposition of labor unions.
However, by the enactment of Law No. 6663 that offers flexible working opportunities to mothers and adoptive parents, the necessity of new arrangements on the work flexibility has become unavoidable and above mentioned new draft which is opened up discussion in the relative parliament commission includes the following regulations.
– By virtue of amendment on article 7 of Labor Law 4857, “the temporary employment relationship can be established through private employment agencies or by transferring the employee to another establishment within the structure of the same holding company or the same group of companies.
– The private employment agencies that are granted permission by the Turkish Employment Organisation (herein referred to as Organization), can establish a temporary employment relationship by transferring its employee to the employer with a temporary employment contract.
– New definition of private employment agency will be added to article 2 of Turkish Employment Organization Law No. 4904: “Private Employment Agency; are the offices established by legal and natural persons that are granted permission through Organization, mediating for finding suitable jobs to job seekers and of finding suitable workers for various jobs or/and performing activities of establishing temporary employment relationship.
In which Circumstances Temporary Employment Relationship can be Established?
Pursuant to above said amended article, temporary employment relationship can be established in the following circumstances;
a) For the purpose of maintaining the work and providing employers with temporary workforce, during the suspension period of a continuing work contract of employees who cannot perform their works for the employer because of pregnancy, military service, annual leave, sickness,
b) In seasonal agricultural works,
c) In domestic jobs without any time limit,
d) In some particular works, that are deemed as out of establishment’s everyday main work routine, performed in short time and with intervals, for 4 months at the most,
e) 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, for 4 months at the most,
f) In the case of unforeseen increase in the work load of establishment, for 4 months at the most,
g) Save for the seasonal agricultural work, in periodic workload increases, 4 months at the most.
– Apart from in the foreseen periodic workload increases, temporary employment relationship may be established for a period not to exceed 8 months, and it may be renewed twice. At the end of the determined periods, no temporary worker can be employed for the same work unless six months had past.
– In public sector and mining establishments, and in establishments where collective dismissals have taken place, no temporary employment relationship may be established.
– During the labor dispute which has reached the strike and lock-out stage, no temporary employee can be engaged in work during the execution of the strike and lock-out.
– 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.
– Temporary worker cannot receive advance payment or borrow from employer so as to set-off from service charge of private employment agency later.
Authority and Responsibilities of Employer
Employers of temporary workers;
- Have the right to give commands to the employee in line with the requirement of work and to the extent that stated in temporary employment contract.
- Should inform the temporary worker as to job vacancies in the workplace.
- Should notify the temporary worker’s work accident and occupational illness immediately to the private employment agency and to the authorities.
- Cannot make any discrimination between their own employees and the temporary workers unless in the presence of essential reasons.
- Should provide the same social services for temporary workers the other employees are benefiting from. Temporary workers will be benefiting from the training and child care services of private employment agency while they are not working.
- Should submit the information related to temporary workers to the shop steward, if there is any.
- Should give the training in the scope of occupational health and safety, and temporary worker is obliged to take part in these trainings.
– In temporary employment relationship, employer is the private employment agency.
– In case the temporary employment relationship is still in progress even though the period stated in the contract is expired, an employment contract with an undefined period is considered to be established between employer and employee.
II – TELECOMMUTING/REMOTE WORK
Above mentioned Draft “On Amending the Labor Law and Turkish Employment Organization Law” also introduces the concept of remote work into labor market.
What is Remote/Telecommuting Work?
Remote work is the work performed in an environment other than the employer workplace. In general this type of work may be performed home based or from any other place through telecommunication; and it is also called telecommuting, home, mobile, virtual, or cloud working.
– Title of 14 article of Labor Law 4857 will be amended as “Work on Call and Remote Work” and the definition of remote work will be appended to the said article as “Remote work is a written work relationship in which employees perform their work, that is in the scope of employers’ working organization, at home or out of the workplace by means of technological communication instruments.”
– In the employment contract; definition of work; the points concerning way of performing, duration and place of work, wage; equipment provided to employee and liabilities related to safeguarding of this equipment; provisions as to the employers ways of communicating with employees, and general and special working conditions should be included.
– Employees in telecommuting cannot be discriminated just for the reason of their employment contracts’ nature. Employers are under the obligation of informing employees and of providing training with regard to occupational health and safety precautions by taking into consideration the nature of work.
– The application procedures and principles of remote working will be determined by a regulation issued by The Ministry of Labor and Social Security.
SUMMARY
It is expected that, these first time introduced legal concepts, flexicurity and remote work, are bound to be faced with strong resistance as before. However, considering the above mentioned flexible working options for mothers and parents are in force, it seems that the Draft will be carried into effect this time, probably with some adjustments in the General Assembly of Parliament.
We will keep you updated on the developments.
