A NEW CONCEPT IN THE GLOBALIZED WORLD: TEMPORARY EMPLOYMENT RELATIONSHIP
WHAT IS TEMPORARY EMPLOYMENT RELATIONSHIP?
Temporary employment relationship has been started to apply in Turkey with the Law dated 20.05.2016. By this law the 7th article of current Labour Code has amended and temporary employment relationship and private employment agency consepts came to business life in Turkey, legally.
Pursuant to Article 7/1 of the Labor Law No. 4857, Temporary employment is defining in the following:
“Temporary employment relationship may be established through a private employment office or by assigning within the holding or at another workplace affiliated with the same group of companies.”
WHAT ARE THE AREAS AND DURATION FOR A TEMPORARY CONTRACT?
Under Article 7 of the Labor Code temporary working is possible for the only following areas which means in the other areas it is impossible to create temporary employment relationship:
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AREAS |
DURATION |
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a. in the case of military service of the worker and in other cases where the employment contract is suspended |
During the continuation of these situations |
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b. In seasonal agricultural works, |
Without any time limit |
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dc. In household services, |
Without any time limit |
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d. In the works that are not counted from the daily works of the enterprise and that are seen intermittently, |
Up to 4 months |
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e. In cases that urgent for occupational health and safety or in the case of compelling reasons arising and those reasons are affecting production significantly, |
Up to 4 months (This contract can be renewed up to two times for a total of not more than eight months.) |
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f. If the average production capacity of goods and services of the enterprise increases in an unforeseeable manner that requires the establishment of a temporary employment relationship, |
Up to 4 months (This contract can be renewed up to two times for a total of not more than eight months.) |
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g. In case of periodical increase in work excluding seasonal works |
Up to 4 months (This contract can be renewed up to two times for a total of not more than eight months.) |
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WHAT ARE THE RESTRICTIONS AND LIMITS FOR A TEMPORARY CONTRACT?
The employer employing temporary workers shall not be able to re-employ temporary workers unless six months have passed for the same job at the end of the specified period.
Temporary employment relations shall not be established in public establishments and establishments and underground mining
Temporary employment relationship cannot be established for eight months in the workplaces where collective workers are removed.
The number of workers employed in a temporary employment relationship shall not exceed one quarter of the number of workers employed in the workplace. In workplaces where ten and fewer workers are employed, up to five temporary workers may be established.
OTHER ASPECTS OF THE TEMPORARY EMPLOYMENT
In a temporary employment relationship, The Private Employment Agency is responsible for all labor issues. The company as workplaces is defined as temporary employer and only responsible for occupational health and safety issues.The salary of the temporary workers shall be paid by the private employment agency as the employer so the payment of the wage is guaranteed. Because, Agency must have to pay their wage otherwise the license of the Agency will be cancelled. So it is the most advantageous part of a temporary employment relation.
The temporary employer is obliged to treat the temporary workers equally. According to the Labor Law, temporary workers also benefit from social services (transportation, food, canteen, child care services, etc.) in the workplace under the principle of equal treatment.
The employer employing temporary workers is obliged to inform the temporary worker of the vacant positions in the workplace. In this way, it is provided to the workers who want to switch to permanent employment through temporary work.
The temporary employer is obliged to inform the workplace union representative if there is any information about the employment status of the temporary workers in the workplace.
The temporary employer is obliged to provide training for taking necessary measures in terms of occupational health and safety, and the worker is obliged to attend these trainings.
PRIVATE EMPLOYMENT AGENCIES
Temporary employment relationship with the Private Employment Agencies is established by the office authorized by İŞKUR to make a temporary employment contract with an employer and to transfer a worker temporarily to this employer. In practice, this is also called hiring workers. In this case, the employment contract; between the workers and the private employment office.
In the temporary employment relationship, no employment contract is established between the temporary employee and the temporary employer. For this reason, the wages of temporary workers are paid by the private employment office which is the party of the employment contract and carries the title of employer.
However, in the temporary employment relationship, the temporary employer is responsible for the unpaid wages of the employee during his / her employment period, the obligation to supervise the employee and the social insurance premiums together with the principal employer. Also, the right to request the work to be seen and the authority to give instructions to the worker is above the temporary employer.
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