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December 21, 2023

Authorisation Permit To Be Obtained By The Private Employment Agency In Order To Establish A Temporary Employment Relationship

Pursuant to the amendments made within the scope of the Labor Law No. 4857 (“Labor Law”) and Article 5 of the Regulation on Private Employment Agencies (“Regulation”) published by the Turkish Employment Agency (“Authority”), private employment agencies that have permission from the Authority are authorized to establish temporary employment relations. In this article, the concepts of private employment agencies and temporary employment relations will be examined in detail below.

 The employee who concludes an employment contract with the private employment agency becomes a need for a different employer for a certain period of time and the private employment agency temporarily offers the worker to the service of the requesting employer within its scope. In this context, under favor of this system, which provides great advantages especially for employers, the employer will be exempt from many obligations based on the Labor Law of the employee who is temporarily taken into service. Because within the system, the main employment relationship is established between the private employment agency and the employee.

1. Conditions for Temporary Employment Relationship Authorization

This matter is explained in detail in Article 14 of the Regulation. Private employment agency registered with the Authority for at least two years,

  • Issuance of a positive report by the Authority,
  • provision of a guarantee in an amount equivalent to two hundred times the gross minimum wage amount on the date of application,
  • no debt to the Authority, 
  • no overdue tax debt, 
  • No overdue tax debt, no overdue contribution, administrative fine and related late payment penalty and late payment increase debt to the Social Security Institution, or the debt to the tax office and the Social Security Institution has been postponed, postponed in installments or restructured in accordance with Article 48 of the Law on the Procedure for Collection of Public Receivables dated 21/7/1953 and numbered 6183, and these postponements, installments and restructurings shall continue.
  • Have a suitable workplace

will be authorized to establish a temporary employment relationship. In addition, it is stipulated that private employment agencies operating for six months instead of two years with the approval of the Ministry of Labor and Social Security may also be authorized within the scope of the temporary employment relationship if they demonstrate a guarantee equivalent to four hundred times the gross minimum wage amount at the time of application and meet the other conditions completely.

2. Periods, Rights and Obligations within the Scope of the Temporary Employment Relationship 

Private employment agencies that encounter the conditions stated above and are granted permission by the Authority will be authorized to establish temporary employment relations. However, there are some limitations in the establishment of this temporary employment relationship. It is important to indicate that the temporary employment relationship is not an arrangement that can be established arbitrarily. In order for the employer to make such a request from the private employment agency, it is necessary to meet the various situations determined under the Regulation and the Labor Law.

Temporary employment relationship may be established upon the request of the employer, under these circumstances;

  • If one of the parents requests part-time work in accordance with this article until the beginning of the month following the date of compulsory primary education age, 
  • Since the female workers/employees cannot be employed for a total period of sixteen weeks, eight weeks before the birth and eight weeks after the birth, 
  • In the case of the employee’s military service and in other cases where the employment contract is suspended, 
  • In seasonal agricultural work, 
  • In domestic services,  
  • In the case of works that are not counted among the daily works of the enterprise and are performed intermittently, 
  • In the works that are urgent in terms of occupational health and safety or in case of compelling reasons that significantly affect production, 
  • In the event that the average goods and services production capacity of the enterprise increases to the extent that it requires the establishment of a temporary labor relationship and in an unforeseen manner, 
  • In case of periodic job increases except seasonal jobs.

The temporary employment relationship can be established indefinitely within the scope of the first three of the possibilities listed above. Apart from this, the temporary employment relationship established under other conditions, except for periodic job increases, may be renewed 2 times provided that it does not exceed eight months. Following the completion of this employment relationship, the employer shall not be able to establish a temporary employment relationship for the same work for a period of six months.

At the same time, it should be indicated that platform ideas, advertisements and other announcement elements to be carried out within the scope of the temporary business relationship are subject to permission by the Authority. If the temporary employment relationship originates from abroad, the overseas service contracts must be approved by the Authority.  Within the scope of the temporary employment relationship, the main employer is the private employment agency. The temporary employment relationship is established in written form at every stage. Special obligations under the contract and the fees to be specified by the parties are determined. The element of exclusivity cannot be insisted on by the employee under the contract. The private employment agency shall not limit the employee’s relationship with other offices by contract.

In the employment contract to be made with the temporary employee, it is stated that if the employee is not called to work within a period of time, (s)he can terminate the employment contract for just cause. This period cannot exceed three months. It should also be highlighted that mine employees/workers cannot establish an employment relationship within the scope of a temporary employment relationship. In addition, during strikes and lockouts, the employer does not have the right to establish a temporary employment relationship.

The private employment agency is responsible for the whole duration of the contract concluded with the employee. If the employer and the employee who establish a temporary employment relationship continue the employment relationship despite the termination of the contract concluded between them and the contract between them turns into an employment contract of indefinite duration, the private employment agency is only responsible for the duration of the contract concluded within the scope of the temporary employment relationship. The employer-based obligations of the employee belong to the private employment agency. The private employment agency is obliged to submit the payments made to the employee to the employer with whom the temporary employment relationship has been established.

Authors

Kılınç Hukuk ve Danışmanlık

Kılınç Hukuk ve Danışmanlık