Temporary Employment Contracts and Workers’ Rights


Temporary Employment Contracts in Labor Law

In Turkish labor law, temporary employment contracts are regulated by the Labor Code, ensuring the rights of both employees and employers. According to established Supreme Court decisions, freedom of contract is a constitutional principle derived from private law’s autonomy of will doctrine.

A temporary employment relationship is based on the principle of free will in private law. It is established when an employer, with the employee’s consent, temporarily assigns the worker to another workplace within the same holding, corporate group, or a similar job.

Distinction Between Temporary Employment Contracts and Temporary Work Relationships

For a temporary work relationship to be valid, a legal employment contract must exist between the employee and employer, and written consent from the employee must be obtained before assignment. If an employee is transferred without consent, it may constitute a substantial change in working conditions under Article 22 of the Labor Code or be considered an employer's termination.

A temporary work relationship cannot be imposed on an employee without consent. If an employer forces an employee into such a relationship, it constitutes a significant alteration in working conditions. If the employee does not accept the change in writing, it is not binding. Consequently, under Article 22 of the Labor Code, the employee has the right to terminate the contract immediately.

According to Article 7 of the Labor Code, a temporary employment relationship can last for a maximum of six months and be renewed only twice, not exceeding 18 months in total. These time limits prevent fraudulent employment practices. If the term ends, the employee must return to the original employer. If the employee continues working under the new employer, the transfer is considered a full employment contract transfer.

Temporary Employment and Strike or Lockout Situations

Article 7 of the Labor Code also regulates temporary employment during labor disputes. If the temporary employer is involved in a strike or lockout, they cannot employ temporary workers. Additionally, during a strike or lockout, an employer cannot lend employees to another company.

In a temporary work relationship, the employee remains under the original employer’s contract, meaning the number of employees for labor rights purposes is counted under the lending employer. For job security, the temporary work period is counted as part of the employee’s seniority at the original employer.

Temporary Work and Borrowed Labor Law

In borrowed labor agreements, the original employer remains responsible for salary payments. However, the temporary employer is jointly liable for unpaid wages, workplace safety, and social security premiums.

Salaries in this context include not only base wages but also bonuses, social benefits, overtime, holiday pay, and annual leave. While the employee is obliged to follow the temporary employer’s instructions, the employer must ensure fair treatment and workplace safety.

If a collective bargaining agreement exists at the temporary workplace, the borrowed employee cannot benefit from it unless they were originally part of the agreement with their permanent employer. If a collective agreement is not applied, both employers share responsibility for unpaid wages. However, severance pay and annual leave payments are solely the responsibility of the lending employer.

In case of disputes arising from employment contracts, seeking legal assistance from an experienced labor lawyer is crucial. Our law office in Alanya provides expert legal services for labor disputes and employment law cases.

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