Turkish Labor Law
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Employers may apply to hire temporary employees by applying to private employment agencies that are authorized to establish temporary employment relationship by Turkish Employment Organization.
In many circumstances such as employees’ maternity leave, military service, annual leave, imprisonment, or for many reasons related to the workplace such as unexpected workload or emergency work, employer would be in need of additional personnel for a limited period which can be best to filled up by temporary personnel.
Government proposal, intended to meet the need of such temporary workforce, “AMENDING THE LABOR LAW AND TURKISH EMPLOYMENT ORGANIZATION LAW” got through the Parliament and soon to be published in Official Journal.
Scope of Temporary Employment Relationship
- Temporary employment relationship can be established in the 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 the case of unforeseen increase in the work load of establishment (receiving a short-dated high volume order etc.)
- in short-term works, that is deemed as out of establishment’s everyday main work routine, performed in short time and with intervals (maintenance and repair services etc.)
- in emergency works occurred with regard to job safety,
- in the circumstances of force majeure that affects the production in considerable extent (earthquake, flooding, fire etc.)
apart from the seasonal agricultural work, in periodic workload increases, - in seasonal agricultural work, and in domestic jobs.
Authority to Establish Temporary Employment Relation
- The private employment agencies that have been in the service uninterruptedly during the last two years prior to the date of application may be authorized to establish temporary employment relationship with the following conditions;
- The report prepared as a result of the examination and audit by İŞKUR (Turkish Employment Organization) should be favorable on behalf of the agency,
- A bank performance bond, which equals to 200 times of gross minimum wage, should be submitted (Ministry is authorized to increase the amount up to 10 times),
- Should not have debts to İŞKUR, tax offices or SSI, unless these debts are restructured.
Cancellation of Authorization for Establishing Temporary Employment Relationship
In case;
- the agency’s permission is cancelled
- agency found out to be employing informal workers
- due wages have not been paid to employees
the authorization will be cancelled at once.
In case of recurrence of the following circumstances the authorization will also be cancelled;
- not complying with the obligation of concluding a written contract
- pay less than the wage determined in the contract
- not complying with the period limitation specified in Law
In the event of cancellation, receivables of workers will be paid from the performance bond with priority.
Preventive Restrictions as Regard to Misusage
- contracts should be in writing
- apart from the reasons arising from employee, contracts should be concluded for four months at the most (can be renewed twice – in total 8 moths),
- number of temporary workers: cannot exceed the ¼ of the total employees in the workplace,
- employers of temporary workers cannot employ their own employees whose contracts terminated, as temporary worker unless six months past the termination date,
- at the end of the determined periods, no temporary worker can be employed for the same work unless six months had past,
- employer should inform the temporary worker initially as to job vacancies in the workplace.
- employer should inform the union representative about employment situation of the workplace,
- in case the temporary employment relationship is still in progress even though the period stated in the contract is expired, contract should turn into an employment contract with an indefinite period.
Prohibitions on Establishing Temporary Employment Relationship
- During the labor dispute which has reached the strike and lock-out stage,
- During mass redundancy within the last six months
- In state institutions and organizations
- In mining establishments, no temporary employee can be engaged.
From the point of occupational health and safety;
- For taking the necessary precautions, the temporary employer of temporary workers
- For providing training, the agency and the employer of temporary workers will be jointly responsible.
Principle of Equal Treatment
Equal working conditions for a temporary employee as regard to a similar worker is arranged in line with the Directive 2008/104/Ec of the European Parliament and of the Council.
