Turkey has introduced new legislation governing temporary
employment arrangements. Companies must now employ temporary staff
via private employment agencies ("Employment Agencies").
Restrictions are also introduced for when temporary employees can
be engaged, detailed maximum lengths for these arrangements, and
party responsibilities. A legislative regime is also introduced for
remote working, establishing minimum standards for contracts and
The Law no. 6715 on Amending the Labor Law and Turkish
Employment Agency Law ("Amendment Law") was published in
Official Gazette number 29717 on 20 May 2016.
Employers continue to be able to temporarily transfer employees
to another workplace within the related holding company, or within
the same group of companies.
Employers may only engage temporary staff in specific situations
(Article 7 of the Amendment Law). These include situations where
employment agreements are suspended, seasonal agricultural workers,
domestic workers, urgent work relating to occupational health and
safety, as well as interval workload increases.
Temporary staff cannot be employed:
Within six months of employing
temporary staff for the same work.
By public institutions, organizations
and workplaces which conduct underground mining activities.
Within eight months at workplaces
where collective redundancy has occurred.
During strikes and lockouts (without
prejudice to Article 65 of Law on Trade Unions and Collective
Labour Agreements No. 6356).
In temporary employment relationships established through
Employment Agencies, the Employment Agency is deemed to be the
employer, rather than the company seeking temporary employees
("Procuring Company"). Therefore, the Employment Agency
is liable for payment of remunerations to the employees. The
Procuring Company is also responsible for:
Ensuring on a monthly basis whether
the Employment Agency fulfils its payment obligations to temporary
employees who have been engaged for more than a month.
Deducting any outstanding payments
from money owed to the Employment Agency and directly transferring
such payments to the temporary employees' bank accounts. Such
deductions can equate to maximum three month' salary for the
Giving notice to provincial labor
directorates and Employment Agency about employees and amounts
which remain unpaid.
The Amendment Law introduces a definition for remote working (or
teleworking) as work performed by an employee outside of the
workplace, whether at home or through use of technological
Employment agreements for teleworking must include:
Job description and conduction
Term and place of work.
Remuneration and payment method.
Protective equipment provided by the
employer, and their maintenance.
Communication means between the
employee and the employer.
General and specific working
The Amendment Law requires telework employees to be treated the
same as other employees, unless an essential ground requires
otherwise. Occupational health and safety measures are also
included for the telework employees.
Further regulations will be published to address procedures and
principles for teleworking, as well as types of work which cannot
be subject to a teleworking arrangement.
Please see this link for the full text of the Amendment
Regulation (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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