131 Union of Turkish Bar Associations Review 2023 Muhammed Enes YILDIZ EC.50 In addition, the Law on Turkish Employment Agency51 and the Regulation on Private Employment Agencies52 also contain detailed explanations on the temporary employment relationship. According to Article 7/1 of the İK, a temporary employment relationship is established “through a private employment agency or by assignment within the holding or another workplace affiliated to the same group of companies”.53 The legislator has determined in detail the cases and periods in which the professional temporary employment relationship can be established, and in the non-occupational temporary employment relationship, the legislator has avoided restrictive statements and has given more leeway to the parties. In the temporary employment relationship, which is a type of tripartite employment relationship, unlike other institutions that create a tripartite employment relationship such as transfer of workplace and transfer of employment contract, the employment relationship between the employee and his/her main employer does not disappear when the employee is sent to work at the workplace of the temporary employer.54 At this point, the private employment agency continues to be the employer of the worker in the professional temporary employment relationship and the transferor employer continues to be the employer of the worker in the non-professional temporary employment relationship. In this relationship, without changing the parties to the employment contract, only the creditor of the employee’s performance of work becomes the temporary employer for a temporary period of time. Due to this nature of the relationship, the obligations of the employee to the principal employer, other than 50 For the requirements of the Directive, see, Şelale Uşen, “2008/104/EC Sayılı Ödünç İş İlişkisine İlişkin Avrupa Birliği Yönergesinin Getirdiği Yeni Düzenlemelerin Türkiye Açısından Değerlendirilmesi”, Çalışma ve Toplum, 2010/3, p. 169 et seq; On the development process of the temporary employment relationship through private employment agencies in Turkish law, see also, Ercüment Özkaraca, Özel İstihdam Bürosu Aracılığıyla Geçici İş İlişkisi (Özel İstihdam Bürosu), İş Hukukuna İlişkin Sorunlar ve Çözüm Önerileri 21. Toplantısı 2016 Toplantıları, İstanbul Barosu- Galatasaray Üniversitesi, 03-04 June 2016, İstanbul 2018, p. 56. 51 RG, 05.07.2003, 25159. 52 RG, 11.10.2016, 29854 53 Article 7 of the HR was requested to be annulled due to its unconstitutionality, but the request was rejected by the court, AYM, 28.02.2018, E. 2016/141, K. 28.02.2018, RG, 29.03.2018, 30375; Süzek, p. 281. 54 Çelik/Caniklioğlu/Canbolat/Özkaraca, p. 253.
RkJQdWJsaXNoZXIy MTQ3OTE1