What is a Temporary Employment Relationship?

What is a Temporary Employment Relationship? | Employment Lawyer | Izmir Law Firm | Efes Law Firm

What is a temporary employment relationship?

A temporary employment relationship can be defined as an employee working temporarily, with their consent, at another workplace within the same group of companies where they are employed, or temporarily for another employer through a private employment agency.

When can a temporary employment relationship be established?

A temporary employment relationship through a private employment agency occurs when a private employment agency, authorized by the Turkish Employment Agency, enters into a temporary worker supply contract with an employer and temporarily transfers one of its employees to that employer;
a) This Labor Law In the cases specified in the fifth paragraph of Article 13 and Article 74, during the employee's military service and in other cases where the employment contract is suspended,
b) In seasonal agricultural work,
c) In domestic services,
d) In tasks that are not considered part of the company's daily operations and are performed intermittently,
e) In cases of urgent occupational health and safety issues, or when compelling reasons arise that significantly affect production,
f) If the average production capacity of goods and services of the enterprise increases unexpectedly and to an extent that necessitates the establishment of a temporary employment relationship,
g) It can be established in cases of periodic increases in work, excluding seasonal work.

A temporary employment relationship is established when an employer, with the employee's written consent, temporarily transfers an employee to perform work within the holding company or another workplace belonging to the same group of companies. Within the scope of this paragraph, a temporary employment relationship can be established in writing for a period not exceeding six months and can be renewed a maximum of two times. The employer who temporarily transfers the employee retains the obligation to pay wages. The employer establishing the temporary employment relationship is jointly responsible with the transferring employer for any unpaid wages, the duty of care towards the employee, and social security contributions during the period the employee worked for them.

Duration of the Temporary Employment Relationship

A temporary employment contract may be established for the duration of the conditions listed in paragraph (a) of the second clause, without a time limit in the conditions listed in paragraphs (b) and (c), and for a maximum of four months in the conditions listed in the other paragraphs. This contract may be renewed a maximum of two times, not exceeding a total of eight months, except for the condition in paragraph (g) of the second clause. An employer employing temporary workers may not re-employ temporary workers for the same job until six months have passed after the end of the specified period.

Number of Employees

If the average production capacity of goods and services of a business increases unexpectedly to an extent that necessitates the establishment of a temporary employment relationship, the number of workers employed through this temporary employment relationship cannot exceed one-quarter of the total number of workers employed at the workplace. However, in workplaces employing ten or fewer workers, temporary employment relationships can be established for up to five workers. In determining the number of workers, those working under part-time employment contracts are converted to full-time employment based on their working hours. Workers employed under a temporary worker supply contract are not included in the number of workers of the private employment agency and the employer employing temporary workers for the purposes of applying Article 30. An employer employing temporary workers cannot employ a worker whose employment contract has been terminated under a temporary employment relationship within six months of the termination date.

Employer's Rights and Responsibilities

Employers who employ temporary workers;
a) He/she has the authority to give instructions to his/her temporary employee in accordance with the requirements of the job and the temporary employee supply contract.
b) The employer is obligated to inform the temporary employee of open job positions in the workplace and to keep the documents requested by the Turkish Employment Agency for the specified periods.
c) The private employment agency is obligated to immediately report any work-related accidents or occupational diseases suffered by the temporary worker.
d) Temporary workers are entitled to equal access to social services at the workplace during their employment period. During periods when they are not working, temporary workers are entitled to training and childcare services provided by private employment agencies.
e) If there is information regarding the employment status of temporary workers at the workplace, the employer is obliged to inform the workplace union representative.
f) The employer is obligated to provide the training stipulated in the Occupational Health and Safety Law and to take the necessary measures in terms of occupational health and safety, and temporary workers are also obligated to participate in this training.
The basic working conditions of a temporary worker during their employment at the workplace of the employer employing them cannot be less favorable than those that would be provided if these workers were directly employed by the same employer for the same job.

Furthermore, in a temporary employment relationship, the employer is the private employment agency. A temporary employment relationship established through a private employment agency is formalized in writing by creating an employment contract with the temporary worker and a temporary worker supply contract with the employer employing the temporary worker. The temporary worker supply contract between the private employment agency and the employer employing the temporary worker includes the start and end dates of the contract, the nature of the work, the service fee of the private employment agency, and any special obligations of the employer employing the temporary worker and the private employment agency. Provisions preventing the temporary worker from receiving services from the Turkish Employment Agency or another private employment agency, or from working for the employer they worked for temporarily or for a different employer after completing their work, cannot be included in the contract. The employment contract with the temporary worker specifies the period within which the worker can terminate the contract for just cause if they are not called to work. This period cannot exceed three months.

In cases where the average production capacity of goods and services of a business increases unexpectedly to an extent that necessitates the establishment of a temporary employment relationship, the employer employing temporary workers is obligated to check monthly whether the wages of temporary workers employed for more than one month have been paid. The private employment agency, on the other hand, is obligated to submit documents proving payment of wages to the employer employing temporary workers on a monthly basis. If there are unpaid wages, the employer employing temporary workers shall withhold payment of the private employment agency's receivables until these unpaid wages are settled, and shall deposit the wages of temporary workers, up to a maximum of three months, directly into the workers' bank accounts, offsetting the amount against the private employment agency's receivables.

If the employment relationship continues

If the temporary employment relationship continues even after the expiration of the period specified in the contract, an indefinite-term employment contract is deemed to have been established between the employer employing the temporary worker and the worker, effective from the termination date of the contract. In this case, the private employment agency is responsible for the worker's wages, duty of care, and social security contributions arising from the temporary employment relationship, limited to the duration of the contract.

For more detailed information you can visit our Contact page.

Other works we have prepared within the scope of Labor Law;

Izmir Employment Lawyer

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56