Temporary Employment through Private Employment Agencies
The Draft Law stipulates amending the Article 7 of the Labor Law (No:4857), whereby the temporary employment relationship can be established by private employment agencies through a temporary employment contract or by transferring the employee to a different workplace within the same holding company or the group of companies.
Private Employment Agencies are defined in the Draft Law as firms established by real persons or legal entities and authorized by the Turkish Employment Agency that match eligble jobseekers with employers and/or conduct activities related to establishing a temporary working relationship.
Exceptions aside, temporary employment relationship can be established for a maximum period of four (4) months and can be renewed twice (not to exceed a total of eight (8) months). Employer who hires a temporary worker is not allowed to enter into another temporary working relationship for six (6) months following the termination of the previous temporary working contract. Temporary employment relationship cannot be established in the public sector, mining establishments and in establishments where collective dismissals have taken place. Temporary employees cannot be hired during strike and lock-out.
Telecommuting
Another working relationship ariculated in the Draft Law is telecommuting, whereby an employee may conduct work related activities home-based or outside the workplace using technological communication tools. The Draft Law requires that the employment contract include the job description, way of conducting the job, duration and place of work, wage, equipment provided to the employee and liabilities regarding safeguarding of this equipment, provisions regarding communication between the employer and the employee, and general and special working conditions. The Draft Law prohibits discrimination of telecommuting employees based on the nature of their employment contract. Rules and procedures with respect to remote working/telecommuting will be determined by a regulation to be issued by The Ministry of Labor and Social Security.
What is Next?
The Draft Law is currently being reviewed in the Parliament. It must be noted that there has been a strong resistance from various groups, including worker unions. Despite criticisms voiced within and outside the Parliament, the Draft Law is expected to be accepted by the General Asembly with some adjustments.
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