TEMPORARY EMPLOYMENT (MAY 2018)

The Law numbered 6715 has widened the activity-areas of private employment agencies which are permitted by Turkish Employment Organization and being granted authority to establish temporary employment relationship.

Temporary employment may be established either by appointing the employee in the holding company or at another workplace affiliate of the same group company as well as through Private Employment Agencies according to the Regulation on Private Employment Agencies(“Regulation”).

Temporary employment relation through private employment agencies shall be established with an agreement signed between the employer and the private employment agency. This agreement shall specify the commencement and termination date of the agreement, the nature of the business, the service cost of the private employment agency if exists, and the specific obligations of the temporary employer and the private employment agency.  

The Private Employment Agency is the employer of the employee since the Private Employment Agency signs the employment agreement with the employee. The private employment agency assigns its employee status to another employer on temporary basis by means of temporary employment relationship to be established by such another employer.  

Employers may only establish temporary employment relationship through private employment agencies permitted by the Turkish Employment Organization. However the circumstances in which temporary employment relation may be established are limited. In case the temporary employment relationship is established for a circumstance which is not mentioned by the law, the temporary employer shall be deemed the main employer of the employee as of the commencement of the temporary employment.    

According to Regulation, the circumstances enables establishing temporary employment are as follows:  

  • During the suspension period of an employment contract due to pregnancy and parental leave, military service and other circumstances
  • seasonal agricultural work,
  • domestic jobs such as housecleaning,
  • operations out of the ordinary daily transactions of a company,
  • In case of requirement of occupational safety or force majeure that may affect the manufacture in considerable extentIn case of unforeseen increase in the average workload of establishment that requires temporary employment,
  • During periodic workload increase except for the seasonal agricultural works.     

Duration of temporary employment is restricted by the Regulation. Temporary employment contracts can only be established maximum for four months’ period. On the other hand, the duration of the temporary employment established due to pregnancy and parental leave or military service of the employee cannot exceed the suspension period of the employee on leave.  The temporary employment agreement can be renewed twice (4+4) provided that; such renewal cannot exceed 8 months’ period in total. However, duration of temporary employment is not limited in case of seasonal works and increase in the average workload. Employment of a new temporary employee is restricted for the same position starting from the end of the temporary employment period for six months. Besides an employer cannot employ an employee, whose employment contract has been terminated, on temporary basis for six months’ period stating from the termination date. There is a restriction for workplaces which executed mass redundancy for a eight-month period as per Article 29 of Labour Law.  

In case the temporary employment relationship is still in progress even though the period stated in the temporary employment contract is expired, the relationship between the temporary employer and the temporary employee shall turn to an employment relation with an indefinite period as of the expiry date of the temporary employment contract.  

Employer is obliged to control whether the salary of temporary employee who is working over a month is paid or not by the temporary employment agency. In case of failure in payment of salary of the temporary employee, employer shall pay the employee’s salary up to three months’ period and entitle set off the paid amount from agency’s receivables.