Home News How Is a Temporary Employment Relationship Established, and When Is It Deemed...

How Is a Temporary Employment Relationship Established, and When Is It Deemed Invalid?

1
0

According to Article 7 of the Labor Law No. 4857, a temporary employment relationship can be established through a private employment agency or by assigning an employee within a holding or another workplace belonging to the same group of companies.

Establishing a Temporary Employment Agreement via a Private Employment Agency

A temporary employment agreement through a private employment agency may be established in the following circumstances:

  • During maternity leave, unpaid leave granted voluntarily following maternity leave, or part-time work after maternity leave;
  • When the employee is performing military service or in other cases where the employment contract is suspended;
  • In seasonal agricultural work;
  • In domestic services;
  • For tasks not considered part of the employer’s daily operations and performed intermittently;
  • For urgent tasks related to occupational health and safety or when compelling reasons significantly affecting production arise;
  • In cases of unforeseen and temporary increases in the enterprise’s average production capacity;
  • For periodic increases in workload, excluding seasonal work.

Duration of Temporary Employment Agreements

  • For maternity leave, unpaid leave following maternity leave, part-time work after maternity leave, military service, and other cases where the employment contract is suspended, the agreement can last as long as these situations persist.
  • In seasonal agricultural work and domestic services, there is no time limit.
  • For other cases, the agreement can be established for up to four months. It may be renewed twice but cannot exceed a total of eight months, except for periodic increases in workload.
  • When the enterprise’s average production capacity rises unexpectedly and requires a temporary employment relationship, an agreement may be established in writing for up to six months and can be renewed twice.

Prohibitions and Invalidity Conditions

  • In workplaces where collective layoffs have occurred, a temporary employment relationship cannot be established for eight months.
  • Temporary employment relationships cannot be established in public institutions or organizations or in workplaces involved in underground mining.
  • Employers using temporary workers cannot employ such workers during strikes or lockouts, except under the provisions of Article 65 of the Trade Unions and Collective Bargaining Agreement Law No. 6356.
  • Employers cannot rehire temporary workers for the same job within six months after the expiration of the specified temporary employment period.

These provisions ensure that temporary employment relationships are used appropriately and under the conditions stipulated by the law.


Source: Republic of Türkiye Ministry of Labor and Social Security
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


Previous articleHow is wage calculated if working on holidays?

LEAVE A REPLY

Please enter your comment!
Please enter your name here