Temporary Employment Relationship

Private employment offices were given the authority to establish temporary employment relationship upon the revision made in article 7 of the Labour Law No 4857 on 06.05.2016.

It became possible to flexibly solve all labour requirements that are needed periodically, temporarily or for a definite duration without the need for full time employment.

How to Establish Temporary Employment Relationship?

Pursuant to the regulation; temporary employment relationship can be established through the private employment office or within a holding or at a different business related to the same enterprise system.

In this regard, it is understood that temporary employment relationship can be established through a private employment office and this is not a provision and the employer can make it thereby commissioning within the holding or referring to another company within the enterprise system related to the same group and thus temporary employment relationship can be made in two different ways.

It seems that there is confusion in the explanation because the place of the last paragraph is not proper in the revision of the article text.

With the revision, the presence of the temporary employment contract to be established thereby commissioning within the previously existing holding or at a difference business related to the same enterprise system seems to be still protected and the temporary employment relationship to be established with private employment offices has been revised as subject to different conditions.

How to Establish Temporary Employment Relationship within the Holding or At a Business Related to the Same Enterprise System?

Primarily, the employee’s written approval is needed during the transfer. The employee whose approval has been obtained shall work within the holding or at a business related to the same enterprise system in connection with the temporary transfer. The temporary employment relationship that occurs this way can be established provided not exceeding six months in written and it can be renewed twice at most.

On What Cases Can Temporary Employment Relationship Be Established Through a Private Employment Office?

  • It is accepted that the temporary employment relationship with Private Employment Office can be established by making temporary employee provision contract with an employer by means of a Private Employment Office
  • In case one of the parents has to work for partial time until the beginning of the month following the date when the obligatory elementary school time starts after the parental leave,
  • In the cases anticipated in article 74 of the Labour Law such as parental leave and maternity leave and unpaid parental leave,
  • In case of the employee’s military service,
  • In other cases when the employment contract is pending (especially in case of unpaid leave)
  • In seasonal agricultural works,
  • In household services,
  • In the works which are not considered among the daily works of the business and performed discontinuously,
  • In the works which are urgent in terms of Occupational Health and Safety or in case of emergence of challenging reasons substantially affecting production,
  • In case the average work capacity of the business increases to an extent requiring the establishment of temporary employment relationship and in an unpredictable way,
  • In case of increases in the works constituting periodicity except for seasonal jobs.

What is the Duration of Temporary Employment Relationship?

Durations have been set forth for some of the temporary employment provision contracts that are established through Private Employment Office.

Conditions whose duration depends on the continuity of the condition;

  • In case one of the parents has to work for partial time until the beginning of the month following the date when the obligatory elementary school time starts after the parental leave,
  • In the cases anticipated in article 74 of the Labour Law and parental leave and maternity leave and unpaid parental leave,
  • In case of the employee’s military service,
  • In other cases when the employment contract is pending,

Temporary employment relationship can be continued as long as these conditions remain.

Cases without a time limit;
There is no time limit in terms of temporary employment relationship

  • In seasonal agricultural works,
  • In household works,

Cases limited to maximum four months;

  • • In the works which are not considered among the daily works of the business and performed discontinuously
  • • In the works which are urgent in terms of Occupational Health and Safety or in case of emergence of challenging reasons substantially affecting production,
  • İ• In case the average work capacity of the business increases to an extent requiring the establishment of temporary employment relationship and in an unpredictable way; temporary employment relationship can be established for maximum four months; however it could be renewed twice at most provided not exceeding eight months in total. In this regard, it could be possible to work this way up to one year in total.

Time extension in the cases limited to maximum four months;

  • • In the works which are not considered among the daily works of the business and performed discontinuously,
  • • In the works which are urgent in terms of Occupational Health and Safety or in case of emergence of challenging reasons substantially affecting production,
  • • In case the average work capacity of the business increases to an extent requiring the establishment of temporary employment relationship and in an unpredictable way, the temporary employment relationship can be established for maximum four months, however it could be renewed twice at most provided not exceeding eight months in total. In this regard, it could be possible to work this way up to one year in total.

What Happens if Temporary Employment Relationship Continues despite the Expiration of the Temporary Employment Relationship?

In case temporary employment relationship continues despite the expiration of the time specified in the contract, contract of employment of indefinite duration will be been considered to have been established between the employer who has employed the temporary employee and the employee as of the date of expiration of the contract.

Is There a Banned Time at the end of the Temporary Employment Relationship?

The employer who has employed temporary employee by means of the Private Employment Office cannot employ temporary employees again for the same job at the end of the specified time unless six months pass from that time.

On What Conditions Can Temporary Employment Relationship Not Be Established?

The conditions when temporary employment relationship can be established through the Private Employment Office are specified with the revision and the conditions when temporary employment relationship can absolutely not be established through the Private Employment Office are also specified.