Law on Amendment of the Labor Law and the Turkish Labor Institution Law (the "Amendment Law") was published in the Official Gazette dated May 20th, 2016 and No. 29717 and came into force as of its publication date.
The Amendment Law provides a definition and scope for the temporary employment relationship, role of the private employment agencies while establishing temporary employment relationships and employment on a telecommuting basis.
(i) Establishment of Temporary Employment Relationships through Private Employment Agencies
Activities for finding jobs for employees had been allowed for private agencies by the previous changes in the labor legislation, however without the authority to establish temporary employment relationships. Now, after the Amendment Law entered into force, establishing temporary employment relationships are allowed for private agencies as well.
Basically, the Amendment Law enables private employment agencies to conduct intermediary activities for establishment of temporary employment relationships.
Temporary employment relationship is defined under Article 7 of the Labor Law. Such definition is now elaborated by the Amendment Law for the purpose of protecting employees' rights and entitlements which may be damaged in practice after private employment agencies become entitled to conduct activities to establish temporary employment relationships. Pursuant to this amendment, temporary employment relationships shall be established by execution of two written agreements separately, one being an "employment agreement" to be signed between the employee and the agency and the other one being a "procurement agreement for temporary employment" to be signed between the agency and the employer.
Per the said amendment, temporary employment relationships can be established under the following circumstances:
- In case of maternity leave or part-time work after giving birth, military service or suspension of employment agreement due to any other reason,
- Seasonal agricultural labor,
- Home services,
- Temporary works which are not considered as daily business of the employer,
- Employment that is deemed to be urgent, relating to job security or arising from conditions that considerably affect production,
- Significant increase of employer's work load,
- Seasonal increase of work load.
Article 17 of the Turkish Labor Institution Law is also amended with the Amendment Law. This provision regulates the principles of permits and authorizations of private employment agencies, as well as administrative fines to be imposed in case agencies conduct their business without duly obtaining required permits.
Article 19 of the Turkish Labor Institution Law is changed by the Amendment Law as well. Per this amendment, private employment agencies cannot benefit from employees who are seeking jobs, again for the purpose of protecting employees' rights and entitlements. Therefore, service fee for intermediation services will be paid by the employer.
Amendment Law also amends Article 14 of the Turkish Labor Institution Law and introduces the concept of "employment on a telecommuting basis". As per Article 14, telecommuting is a written employment relationship in which the employee performs his/her works at home or out of office via telecommunication devices. This article also regulates the equal treatment for employees working on a telecommuting basis. Consequently these employees cannot be treated differently because they work on a telecommuting basis.
This article was first published in Legal Insights Quarterly by ELIG, Attorneys-at-Law in September 2016. A link to the full Legal Insight Quarterly may be found here.
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