Turkish Labor Law
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By Ela Erozan Gursel
Flexible work has become the norm in England due to the economic recession. The work conditions of the flexible work are determined by zero-hour contracts widely preferred by employers. These contracts favor the employers over employees by paying only the hours worked. There is neither guarantee of work for the employee nor minimum work hours during the contract period. The employer is not obligated to hire the employee for the contract period but if the employer needs the employee to work for a certain period of time, the employee has no choice but work for the employer obliged by the contract terms. In other words, the zero hour contracts are perfect for employers who want an army of flexible workers with no strings attached. Almost as a SaaS where you get to pay as much as you utilize the service.
Flexible Working in favor of the Employer
Zero hour contracts provide the most lucrative framework for the employer with less responsibility, cost deduction, cheap labor force and access to a great talent pool. These contracts can be beneficial on the employees side if they have completely flexible schedules. For example; students and retirees can enjoy extra money while going to school full-time or gaining a side income while spending time with grandchildren. However, this kind of flexible work is not favorible for people who need a steady income for their household as there is no guarantee on the time and duration of work as well as the amount earned. In England, the zero-hour contracts became widespread in social services, retail and hospitality sectors with over 583.000 employees under the contract.
Is it possible to work flexible hours in Turkey?
We asked Datassist HR’s General Manager, Ayse Nazmiye Uca, about zero hour contracts and flexible work arrangements in Turkey.
Could you tell us about the legal framework for flexible work in Turkey? Any legislation similar to zero hour contracts?
Labor Law no. 4857 includes legislations that regulate flexible work with clause no. 14, Work upon Call. Although similar in nature to zero hour contracts, this clause states that, unless specified otherwise, the employee is expected to work 20 hours per week. In practice, the contracts are made for as short as 5 hours per week. The fact that the call for work is difficult to prove causes problem for the employer especially during the audits. On the other hand, this type of contracts help the students who want to work for pocket money, however, due to probable complications, it is not preferred by the employer. Employers find it hard to utilize flexible workforce, integrate these people into the system and maintain employee loyalty.
What are the responsibilities of the employer and employee for the flexible work arrangements to work?
In Europe there is a term called ‘flexicurity’ which means providing flexible employment while preserving employee rights and keeping the employment costs low for the employer. In Europe, this type of work arrangements are run by private employment agencies which facilitate employment between employer and employee in a fast and professional manner. This way employee rights are easily preserved. Unfortunately, private employment agencies were not given the right to find temporary employment in Turkey. This method would have been effective in reducing informal employment while establishing the legal framework for the employment agencies. Although employees in Europe can belong to a syndicate while working for an employment agency, syndicates in Turkey strongly oppose to Agency Work falsely declaring it ‘slave trade.’
How will it be in future?
In a world where there is less and less barriers in terms of communication and transportation, particularly the young generations who are well educated will have less need to work under an employer. The new generations will redefine flexible work in their own conditions if they have important skills and qualifications. For the rest of the people who are not as qualified flexible work will still be a preferrable option where the employer will reduce costs significantly.
