ABSTRACT

In our study of the temporary employment relationship, which emerged as a result of the tendency towards flexibility in working relationships and finds more and more applications every day, general explanations will be made and then the provisions and consequences of the temporary employment relationships established through private employment agencies, in other words professional temporary employment relationships, under the labour law, social security law and occupational health and safety legislation will be examined.

I. INTRODUCTION

In our changing and globalizing world, atypical working relationships have emerged as a result of the flexibility of labour laws. Temporary employment relationships established through private employment agencies is one of the atypical working relationships. The temporary employment relationship established through a private employment agency is a tripartite working relationship established between the private employment agency, the temporary worker and the temporary employer. In this temporary employment relationship, the worker fulfills his/her obligation to work with another employer other than the private employment agency to which he/she is bound by an employment contract.

II. TEMPORARY EMPLOYMENT RELATIONS THROUGH PRIVATE EMPLOYMENT OFFICE

A. Definition and Conceptual Information

1. Temporary Employment Relationship Concept

A temporary employment relationship, which is regulated in Article 7 of the Labour Law No. 4857 (“Labour Law”). The relationship that occurs with the transfer of the worker can be defined as: temporarily transferring a worker to perform a job within the body of the holding or another workplace affiliated to the same group of companies, by obtaining the written consent of the employer during the transfer, or by the private employment agency authorized by the Turkish Employment Agency, and by making a temporary worker supply contract with an employer. In the temporary employment relationship, the employer remains the same, only the creditor of the act of doing business becomes a different employer for a temporary period. Although this relationship is called a “temporary” working relationship, it is emphasized in the doctrine that this relationship does not contain the element of temporariness, so it is more appropriate to call the relationship between the parties as a loan working relationship, as the case in German Law1. In our study, the concept of "temporary" employment relationships will be used by adhering to the naming of the law. 

Based on the definition in the Labour Law, there are two different types of temporary employment relationships; a professional and non-professional working relationship. To determine the type of temporary employment relationship; it is necessary to determine whether the worker is recruited by the employer to establish a temporary employment relationship or whether the employer has exceptionally established a temporary employment relationship with the worker that he or she constantly employs2. A non-professional temporary employment relationship is established when the employer temporarily transfers a worker to another workplace within the holding or in another workplace affiliated with the same group of companies, by obtaining his/her written consent at the time of transfer. In the temporary employment relationship, which is the subject of our article, the private employment office authorized by the Turkish Employment Agency makes a temporary worker contract with an employer and transfers one of its workers to this employer temporarily. This means that the employer, that is the private employment agency, employs the worker in order to transfer it to other employers. On the other hand, in the non-professional temporary employment relationship, the employer would have originally employed the worker to work in his/her own business and transfers the worker to other employers temporarily. 

The temporary employment relationship established through a private employment agency constitutes a tripartite relationship. In this tripartite relationship, there is an employment contract between the worker and the private employment agency that is the employer, and a "temporary employment contract" between the private employment agency employer and the employer who employs temporary workers3. In this tripartite relationship, the legal qualities of the parties' relations with each other vary. The determinations regarding the nature of the mentioned bilateral relations will be mentioned below, and making these determinations is important in terms of forming a basis for the resolution of possible disputes.

B. Relationship Between The Parties

1. The Relationship Between the Private Employment Agency and the Worker

The source of the relationship between the private employment agency and the worker is the employment contract signed between the parties. As stated in paragraph 11 of Article 7 of the Labour Law, the employer is a private employment agency in a temporary employment relationship. Again, in the same provision, “Temporary employment relationship through a private employment office is established in writing by making an employment contract with the temporary worker, and by making a temporary worker supply contract with the employer who employs temporary workers.” The written form requirement is stipulated. Regarding the determination of the type of employment contract between the worker and the private employment office, the absence of other special provisions in the Labour Law causes controversy. However, the generally accepted view is that general provisions are applied in terms of the duration of the contract, that is, the contract established between the private employment offices and the worker is of an indefinite duration. In the presence of objective conditions, a fixed-term employment contract may be concluded4.

2. Relationship Between Private Employment Agency and Temporary Employer

The source of the relationship between the private employment office and the temporary employer is the temporary worker supply contract signed between the parties. The temporary worker supply contract signed between the private employment office and the employer of temporary workers is also subject to written form. The contract includes the start and end day of the contract, the nature of the work, the service fee of the private employment agency, and the special obligations of the employers of temporary workers, if any, and of the private employment agency (Labour Law Article 7/11). The contract does not have to specify the worker or workers to be sent by the private employment agency; however, it is possible for the parties to decide otherwise, that is, it can be decided to send certain a worker or workers5 . Obligations of the parties to the temporary worker supply contract in general terms; is the transfer of the worker to the temporary employer within the period specified in the contract by the private employment agency, and the temporary employer paying a wage to the private employment agency in return.

3. Relationship Between Worker and Temporary Employer

In the temporary employment relationship established through a private employment agency, there is no employment contract between the worker and the employer who employs temporary workers, this relationship can only be defined as a contract-like relationship6. The private employment office continues to be the employer of the worker during the temporary employment relationship. However, the worker fulfills his/her employment obligation to the temporary employer during the temporary employment relationship. The temporary worker will be included in the workplace organization of the temporary employer, like other workers, while performing his/her job obligation7. The temporary employer also has the right of management, the obligation of equal treatment, and the obligation to fulfill its occupational health and safety requirements, as it does for other workers. In addition to these, the special obligations of the temporary employer, such as notifying the temporary worker of vacant job positions at the workplace, are specified in the 9th paragraph of Article 7 of the Labour Law.

C. Comparison with Other Similar Relationships

1. Comparison with Business Mediation

Intermediation in finding jobs and workers, regulated in Article 90 of the Labour Law, can be defined as mediation in finding jobs and workers, finding a job for a job seeker and a worker for who looking to hire or mediating the establishment of a service contract between them8 . In other words, the job of the job intermediary in job mediation is to bring the job seeker and the worker-seeker together. After bringing the parties together, the task of the intermediary ends, whether or not an employment contract is established between the parties. Because of these characteristics, business intermediation is a one-time event9 . Although the temporary employment relationship differs according to the type of temporary employment relationship and the situations listed in Article 7 of the Labour Law, it continues throughout the temporary employment contract10. Although business intermediation is one of the private employment agency activities such as establishing a temporary working  relationship; the difference between them is whether the private employment office is a party to the employment contract or not. On the other hand, in a temporary employment relationship, the private employment office transfers its own worker to another employer; as a natural consequence of this, the private employment office becomes a party to the employment contract in the capacity of the employer in the temporary employment relationship11. 

2. Comparison with Subcontractor Relationship

The subcontractor relationship as defined in the Labour Law; is the relationship established between an employer who takes a job from an employer in auxiliary works related to the production of goods or services in the workplace, or in jobs that require expertise in a part of the main work due to the necessity of the business and the job and technological reasons, and employs the workers assigned for this job only in the job they have taken, and the employer from which the job is undertaken. The main difference between a temporary employment relationship and a subcontractor relationship is; while the temporary employment relationship ensures the transfer of the worker, the sub-employer relationship provides the transfer of a part of the work. Essentially, in the principal employer-sub-employer relationship, the sub-employer undertakes a performance obligation. Especially in subcontractor relations based on the contract of construction, the obligation of the subcontractor creates a work,and in that, a result. The employer who supplies temporary workers in a temporary employment relationship has no obligation to bring about a specific result12.  Another difference is that while it is possible for the work of the temporary worker to be the same as the job performed by the worker of the temporary employer in a temporary employment relationship, it will constitute a collusion in the sub-employer relationship -with exceptions- if the temporary worker and the temporary employer's worker do the same job. At the same time, while the temporary employer may instruct the temporary worker in a temporary employment relationship; in a subcontractor relationship, the worker works under the instructions of his/her employer13. Another difference is in the responsibility of employers. In the main employer-sub-employer relationship, although the main employer has joint (several) responsibility for the receivables of the workers of the sub-employer, joint responsibility is not stipulated in the Labour Law for the temporary employment relationship.

3. Comparison of the Employment Contract with the Transfer

The transfer of the employment contract regulated in the Turkish Code of Obligations No. 6098 (“TCO”) is a permanent transfer to another employer, provided that the written consent of the worker is obtained. The main difference between the temporary employment relationship and the transfer of the employment contract is that the employer does not change in the temporary employment relationship, but the employer changes in the transfer of the employment contract. To put it more clearly, the private employment agency does not lose its title of employer in the temporary employment relationship. In the transfer of the employment contract, the employer who transfers the employment contract will not continue to carry the title of employer. As a result, there is no time limit in the transfer of the employment contract, as in the temporary employment relationship, the worker will work with the new employer indefinitely14. Another difference is the condition of written consent. In accordance with the explicit provision of Article 429 of the TCO, the worker's written consent is required for the transfer of the employment contract. However, the written consent of the worker is not required for a temporary employment relationship through a private employment agency. On the other hand, it should not be forgotten that the written consent of the worker will be sought in temporary working relationship within the holding or the same group of companies. 

4. Comparison with Gang Contract

Gang contract regulated in Article 16 of the Labour Law; it is defined as the contract concluded between an employer and a gang of employees represented by one of the employees acting as the gang leader. When each of the workers whose names are written in the gang contract starts to work, an employment contract is deemed to have been concluded between that worker and the employer with the conditions determined in the gang contract (Labour Law Article 16/3). On the other hand, as we mentioned above, there is no employment contract between the temporary worker and the temporary employer in the temporary employment relationship. In addition, there is no employment contract between the team guide and the workers. In the temporary employment relationship, there is an employment contract between the private employment agency and the worker. The result of this is that when the job that the workers will provide for the temporary employer is finished, the transferred employees return to their workplace and continue to work there, but the workers who are included in the gang do not return to the gang leader when the job is complete15. As another difference, in the temporary employment relationship, the private employment office does this job professionally16. 

III. TERMS OF ESTABLISHING TEMPORARY EMPLOYMENT RELATIONS THROUGH A PRIVATE EMPLOYMENT OFFICE

A. Legal Basis of Offices

As defined in subparagraph j) of paragraph 1 of Article 2 of the Regulation on Private Employment Agencies, private employment agencies are the real or legal entities permitted by the Institution to act as an intermediary in the placement of job seekers in the jobs for which they are suitable, in finding suitable workers for various jobs, and/or in establishing temporary employment offices established by individuals.

B. Circumstances in which a Temporary Employment Relationship Can Be Established Through the Private Employment Agency

The cases in which a temporary employment relationship can be established through a private employment agency are listed as limited to seven subparagraphs in the 2nd paragraph of Article 7 of the Labour Law. These cases will be briefly discussed below.

1. Parents' Part-Time Work, Maternity and Maternity Leave, Military Service or Other Suspension of Employment Contract

The first of the cases in which temporary employment relations can be established in the Labour Law are listed in the Labour Law Article 13/5 and Article 74. These are the cases specified in Article 74 or in the case of the worker's military service or other cases where the employment contract is suspended. In the aforementioned articles, it is regulated that the leaves to be used by workers in cases of birth and adoption and/or the transition of workers to part-time work due to parenthood and in these cases providing of temporary workers. In Article 7 of the Labour Law, military service or other situations in which the employment contract is suspended are also counted among the situations in which a temporary employment relationship can be established. Although there is no time limit for the temporary employment relationship to be established in these situations, it is stipulated in the 3rd paragraph of Article 7 of the Labour Law that a temporary working relationship can be established for the duration of these situations.

2. Seasonal Agricultural Works

Another situations in which a temporary employment relationship can be established, listed in the Labour Law, is seasonal agricultural work. It is stated in the 3rd paragraph of Article 7 of the Labour Law that there is no time limit for when a temporary employment relationship is established for seasonal agricultural works.  It should be emphasized that in accordance with subparagraph b of paragraph 1 of Article 4 of the Labour Law; the provisions of the Labour Law do not apply to business and working relationships in workplaces or businesses where agricultural work is carried out with 50 or less. On the other hand, workers taken over from a private employment office can be employed in these workplaces and provisions of Labour Law Article 7 will apply to these workers17. In matters other than the temporary employment relationship, the provisions of the TCO will be applicable. 

3. Home Services

Another temporary employment relationship listed in the Labour Law is home services. The rationale of the Labour Law No. 6715 and the Law on Amending the Turkish Employment Institution guides us on what home services are. Cleaning works, patient, elderly and child care services are counted as examples in the justification of the law. In the doctrine, on the other hand, home services are defined more inclusively as activities required by the daily functioning of the house such as private teaching, maidservant, chauffeur, cooking, other than/ as well as those listed in the justification18. It is stated in the Labour Law that establishing a temporary employment relationship for domestic services is not subject to a time limit. However, as with seasonal agricultural workers, the provisions of the Labour Law do not apply to domestic services and working relationship pursuant to subparagraph e) of paragraph 1 of Article 4 of the Labour Law. However, for the workers in a temporary employment relationship, the Labour Law Article 7 will be applied, and the provisions of the TCO will find application in matters other than this.

4. Works that are Not Counted as Daily Work of the Enterprise and are Carried Out Intermittently

Another situation in which a temporary working relationship can be established is jobs that are not considered as the daily work of  enterprises and are performed intermittently. Tdevelopment of a new software, technical maintenance and repair needs, and fixed-term project works are counted as examples in the justification of the law. In order to determine the scope of works that are not counted as daily work, it is first necessary to determine what daily work is. In the doctrine, it is not necessary for a job to be done every day to be considered daily work; it has been stated that the work done at short intervals on a regular basis should also be considered as daily work19. In this case, it is stated in the 3rd paragraph of Article 7 of the Labour Law that the temporary employment relationship can be established for a maximum of four months and can be renewed for a maximum of two times, not exceeding eight months in total.

5. Urgent Jobs and Forceful Reasons in terms of Occupational Health and Safety

Another situation in which a temporary employment relationship can be established is stated as urgent jobs and compelling reasons in terms of occupational health and safety. Repair and renovation works, which are necessary for the safety of workers, natural disasters such as floods, fires, and terrorist incidents are listed as examples of this situation in the justification. It is stated in the 3rd paragraph of Article 7 of the Labour Law that the temporary employment relationship, in this case, can be established for a maximum of four months and can be renewed for a maximum of two times, not exceeding eight months in total.

6. Unpredictable Increase in Business Volume of the Business

In the Labour Law, an unpredictable increase in the average production capacity of goods and services of the enterprise, which necessitates the establishment of a temporary employment relationship, is regulated as one of the situations in which a temporary employment relationship can be established. It should be noted that the increase in business volume should be unexpected in order to establish a temporary employment relationship. It is not possible to establish a temporary working relationship in just any business volume increase. In this case, the temporary employment relationship can be established for a maximum of four months in accordance with the 3rd paragraph of Article 7 of the Labour Law and can be renewed at most twice, not exceeding eight months in total. In addition, the number of workers that can be employed in the temporary employment relationship established in this situation is also limited. In accordance with paragraph 6 of Article 7 of the Labour Law, the number of workers employed in a temporary employment relationship cannot exceed one quarter of the number of workers employed in the workplace. However, in workplaces employing ten or fewer workers, a temporary employment relationship can be established for up to five workers.

7. Seasonal Job Increases Excluding Seasonal Jobs

The last of the cases in which a temporary employment relationship can be established is the case of periodic job increases, excluding seasonal jobs. In the justification, candy/ sweet production or packaging before Eid and flag production ahead of elections, which are occurances that can be foreseen occur as an example, were counted as examples. In these cases, the time limit for the temporary employment relationship to be established is four months in accordance with the 3rd paragraph of Article 7 of the Labour Law, and unlike other cases, no extension is foreseen.

C. Prohibitions

In Article 7 of the Labour Law, establishing a temporary employment relationship through a private employment agency is prohibited in some cases. These conditions will be briefly discussed below.

1. Reemployment of Temporary Workers for the Same Job

The first prohibition stipulated in the Labour Law is stated in the 3rd paragraph of the 7th article. In accordance with the provision, the employer who employs temporary workers will not be able to employ temporary workers again, unless six months have passed for the same job from the end of the specified period. It is clear that this regulation was introduced by the legislator in order to prevent the temporary employment relationship from turning into permanent employment20.

2. Establishing a Temporary Employment Relationship at Workplaces that Release Collective Workers

Another prohibition stipulated in the Labour Law is the prohibition of establishing a temporary employment relationship for a period of eight months in workplaces where collective workers are dismissed (Labour Law article 7/4). The provision to completely prohibit the employment of temporary workers in workplaces where collective dismissal is made has been criticized in the doctrine, and has been stated that it would be appropriate to accept that the provision is prohibited only for jobs where collective dismissal takes place21.

3. Establishing a Working Relationship in Public Institutions and Organizations

Another prohibition seen in paragraph 4 of Article 7 of the Labour Law is the prohibition of establishing temporary employment relations in public institutions and organizations through a private employment office. Parallel to this, there is a regulation in the provision of paragraph 1 of article 17 of the Law on Certain Regulations Related to the Turkish Employment Agency. Pursuant to the provision of the article, private employment agencies may engage in employment and employment activities outside of public institutions and organizations, provided that they are selected within the permitted amount determined by the Institution, and taking into account the needs of the labour market, and within the framework of the conditions sought. It is stated in the doctrine that the prohibition should not be interpreted that a temporary employment relationship cannot be established in any way in public institutions and organizations22. The ban only covers the recruitment of temporary workers to public cadres and positions through private employment agencies. This means that it is possible to establish a temporary employment relationship between employers affiliated with the same Ministry or public institution without the intermediary of a private employment office23.

4. Establishing a Temporary Working Relationship at Workplaces That Mine Underground

Another prohibition is related to the establishment of a temporary working relationship in workplaces that mine underground. It is a matter of debate whether establishing a temporary employment relationship is also prohibited in the above-ground unit of these workplaces24. Considering that the workplaces that mine underground are dangerous in terms of occupational health and  safety, in the justification of the article, it can be said that the intent/ objective of the legislator is to include only the underground unit within the scope of the provisionm.

5. Temporary Employment During the Implementation of Strikes and Lockouts

As stated in paragraph 5 of Article 7 of the Labour Law, the temporary employer cannot employ workers on a temporary employment relationship during the implementation strikes and lockouts, without prejudice to the provisions of Article 65 of the Law on Trade Unions and Collective Bargaining Law No. 6356 of 18/10/2012. Considering that this prohibition was put in place to prevent strike-breaking, there is no general prohibition stating that temporary employment relations cannot be established during strikes and lockouts, it can only be said that there is a ban on hiring temporary workers to replace those who participate in the strike25.

6. Establishment of a Temporary Work Relationship with the Worker whose Employment Contract has been Terminated

In the 7th paragraph of the 7th article of the Labour Law; it is stipulated that the employer who employs temporary workers cannot employ a worker whose employment contract is terminated within the scope of temporary employment relationship within six months from the date of termination. It can be said that this provision aims to protect the interests of permanent workers against the practice of dismissing workers with an indefinite-term employment contract and reemploying them as temporary workers.

IV. RESULTS OF THE TEMPORARY EMPLOYMENT RELATIONSHIP ESTABLISHED THROFGH THE PRIVATE EMPLOYMENT OFFICE

A. Obligations of the Parties under the Labour Law

1. Obligations of the Temporary Worker

A temporary employment relationship through a private employment agency regulated in Article 7 of the Labour Law is established when a private employment agency, authorized by the Turkish Employment Agency, temporarily transfers an worker to another employer by creating a temporary worker contract.

a. Obligation to Work

The employment contract has three elements: Employment, pay and dependency. Employment obligation is the most basic obligation of the worker arising from the employment relationship. In a temporary employment relationship, the worker fulfills his/ her employment obligation arising from the employment contract to the temporary employer26. In the Labour Law and the Regulation on Private Employment Agencies, it is stated that the nature of the work to be performed by the temporary worker should be included in the temporary worker supply contract to be made between the private employment office and the employer hiring temporary workers. The law and regulation mandates that the nature of the work to be done should be included in the temporary worker supply contract. Finally, it can be said that if the contract between the employment agency and the temporary employer does not contain a provision regarding working hours, the temporary employer can determine these within the framework of the provisions of the Labour Law on working hours27.

b. Loyalty Obligation

The worker's loyalty obligation is regulated in Article 396 of the TCO. The independence element, which is one of the most important features that distinguishes the employment contract from other contracts, also includes the obligation of loyalty. Loyalty can be defined as the worker's protection of the employer's interests and refraining from behaviors that will harm the workplace and protection of the rights of the worker by the employer. Professional temporary employment relationships are a three-way relationship. For this reason, although it would not be wrong to state that the temporary worker's obligation of loyalty is to both the temporary employer and the private employment agency, it can be said that the worker's loyalty obligation is primarily to the private employment agency, since the employment contract is concluded between the temporary worker and the private employment agency in this employment relationship. It is undisputed that the temporary worker has a duty of loyalty to the private employment agency. At this point, it is the duty of loyalty of the temporary worker to the temporary employer that needs to be examined. The temporary employee works at the workplace of the temporary employer for a certain period of time. Therefore, he/she knows the professional secrets of the temporary employer and is in a position to predict the facts that may cause harm to the temporary employer. Although there is no employment contract between them, the temporary worker has a duty of loyalty to the temporary employer. Keeping the temporary worker free from the obligation of loyalty to the temporary employer may lead to the use of the professional temporary employment relationship institution beyond its purpose. According to Article 25/2 of the Labour Law, the worker's violation of the duty of loyalty constitutes the reason for the termination of the employment contract with just cause. It can be said that the employment contract can be terminated for just cause in accordance with Article 25/2 of the Labour Law, in case the temporary worker violates the obligation of loyalty to the private employment agency and the temporary employer.

c. Non-Compete Obligation

The non-compete obligation of the worker should be divided into two: while the employment contract is in progress and after the employment contract is terminated. The non-compete obligation of the worker while the employment contract continues is regulated in Article 396/3 of the TCO and is included in the loyalty obligation. Article 396/3 of the TCO regulates that the worker cannot provide service to a third party during the continuation of the employment contract and cannot compete with the employer. There is no need for a separate contract between the parties for this prohibition of competition, which continues throughout the duration of the employment contract. Since the professional temporary employment relationship is a three-sided relationship, the temporary worker has an obligation not to compete against both the private employment agency and the temporary employer during the employment contract. The non-competition prohibition may be determined by adding an additional provision to the employment contract or by making a separate contract with the worker, stating that the worker will not compete after the employment contract is terminated. According to TCO Article 344, this contract regulating the prohibition of competition must be made in writing. In this part of our study, we will examined whether it is possible for the temporary worker to sign a non-compete agreement with the private employment office and the temporary employer or to add an additional provisions to the employment contract under Article 444 of the TCO. Pursuant to article 7/11 of the Labour Law, "The temporary worker employment contract to be concluded between the private employment agency and the employer hiring temporary workers, in which the temporary employee works as a temporary worker after receiving service from the Turkish Employment Agency or another private employment agency or fulfilling the job performance. Provisions cannot be made that prevent the employer or another employer from working at the workplace." It would not be wrong to say that within the framework of this provision of the Labour Law, a non-compete agreement cannot be signed between the private employment agency and the temporary worker to prevent the worker from working at the workplace of the employer or a different employer. 

d. Obligation to Follow Employer's Instructions

The obligation of the worker to comply with the instructions of the employer is regulated in Article 399 of the TCO. According to this provision regulated in the TCO, the employer can make regulations regarding the performance of the work and the behavior of the worker in the workplace and give instructions to the workers. According to Article 399 of the TCO, the worker must comply with the instructions of the employer to the extent required by the honesty rules. Since the temporary employment relationship is a three-sided legal relationship, the situation is slightly different in this type of relationship. It is clearly regulated in Article 7/9 of the Labour Law that the temporary employer has the authority to give instructions to the temporary worker28. Since there is an employment contract between the private employment agency and the worker, the worker is also obliged to comply with the instructions of the private employment agency. It can be said that the worker has an obligation to comply with both the instructions of the temporary employer and the instructions of the private employment office29. However, the content of the instructions of the private employment office and the instructions of the temporary employer will differ. Since the worker will perform his/ her employment obligation at the workplace of the temporary employer, the private employment office does not have the authority to give instructions regarding the work performed elsewhere30. Here, it can be mentioned that the annual leave and similar instructions arising from the employment contract can be given by the private employment office, while the intructions regarding the working order in the workplace and the execution of the work can be given by the temporary employer31. The temporary worker has the obligation to comply with both the instructions of the private employment agency and the instructions of the temporary employer. Another issue that needs to be examined in this section is what will be the sanctions that the worker may face if he/ she does not comply with the instructions. In case the worker does not comply with the instructions of the private employment agency, since there is an employment contract between the private employment agency and the worker, the worker may face consequences to be applied by the private employment agency who is in the position of employer, such as disciplinary punishment, termination of the employment contract and also in case the worker does not comply with the instructions of the temporary employer, it may also be considered as a reason for termination and/ or disciplinary punishment may be on the agenda for the private employment agency who is in the position of the employer32. Since there is no employment contract between the temporary employer and the worker, if the worker does not comply with the instructions of the temporary employer, imposing of sanctions such as disciplinary punishment, termination, etc. by the temporary employer will not be possible33. The temporary employer will only be able to claim the damage caused by the worker's failure to comply with the instructions from the private employment office or request another worker from the private employment office34.

2. Obligations of Private Employment Agency and Temporary Employer

a. Fee Payment Obligation

Salary in Article 32 of the Labour Law; is defined as “the amount provided to a person by the employer or third parties in return for a job and paid in money.” The wage is one of the essential elements of the employment contract. Without a fee, the employment contract cannot be considered established. In accordance with Article 7/12 of the Labour Law, the temporary employer is obliged to check whether the private employment office has paid the wages of the worker. The same provision obliges the private employment agency to submit documents to the temporary employer proving that it has paid the wages of the worker35. The Regulation on Private Employment Offices also regulates the obligation of the private employment agency to present to the temporary employer the documents showing that the wage of the worker has been paid. In the temporary employment relationship with a profession, the obligation of paying wages belongs to the private employment office. Article 32/1 of the Labour Law provides that wages can be paid by the employer or third parties. Therefore, if the parties agree, it may be possible to pay the wages of the worker by the temporary employer. The provisions of the employment contract between the worker and the private employment agency regarding the obligation to pay wages do not differ from other employment contracts. The private employment agency has an obligation to pay wages, as in typical employment relationships. Typical working relationship consequences arise when the private employment agency fails to meet its wage-payment obligations. However, according to article 18 of the Employment Agency Law, if the private employment agency does not pay the wages of ten percent of the number of workers with whom temporary employment relationship is established, within twenty days from the date of payment, except for force majeure; if he pays the wages of at least one worker at least three times within a year below the contractual wage;or if he/she does not pay in due time, his authorization to establish a working relationship is cancelled36. The most sensitive aspect of the temporary employment relationship through the private employment agency is the issue of determining the wage and how the principle of equality will be applied to this relationship37. The fact that the private employment agency constantly sends its workers to other employers to work causes the work of the employee to vary38. As the job to be done by the worker changes, the wage he/ she will receive also changes, and a new wage may need to be determined before each transfer. For this reason, in the employment contract to be signed between the private employment agency and the worker, it should be considered reasonable to include a provision that the wage will be re-determined before the next transfers, although the wage is determined for the first transfer period39. In our opinion, the wage to be determined by the private employment agency for its workers should not be less than the wages paid by the temporary employer to its workers for similar jobs. As a matter of fact, the Labour Law Article 7/10 contains the provision "The basic working conditions of the temporary worker during the employment period at the employer's workplace cannot be below the conditions that would be provided if these workers were directly employed by the same employer for the same job." In this provision, the principle of equality is regulated only in terms of basic working conditions40. However, the legislator, in the justification of the provision, states the basic working conditions as; "working time, overwork, education, occupational health and safety, etc.". Therefore, it can be said that the legislator does not consider wages among the basic working conditions. There are different views on this subject in the doctrine. There are those who argue that since equality in wages is not explicitly regulated in the article of the law41, equality in wages cannot be mentioned and that freedom of contract should be given priority42. According to the majority view and the view that we agree with, equal wages should be paid to other workers employed by the temporary employer and doing the same job. Pursuant to the last sentence of the 11th paragraph of Article 7 of the Labour Law, it should be stated in the employment contract to be signed with the temporary worker that the worker can terminate the employment contract for just cause if he is not called to work within a certain period of time, and this period cannot exceed 3 (three) months. Therefore, if the worker is still not called to work by the private employment agency even after three months have passed since the end of the last temporary employment relationship, he may terminate the employment contract with just cause and demand severance pay if there is at least one year's severance condition. Although the Labour Law regulates the worker's right to terminate when he/she cannot be sent to any employer with a temporary employment relationship, the absence of a provision regarding whether a wage will be paid to the worker by the private employment agency employer during this period may cause problems in practice43.

b. Emplyer’s Duty of Care Obligation

The duty of care obligation to the worker is one of the most basic obligations of the employer. The employer's duty to watch over the worker is the worker's duty of loyalty. The employer also has the obligation to take precautions against the damages that the worker may suffer due to the employment of the worker, to help the worker and to avoid acting against the worker44, and to take care of the worker. It is not possible to determine the framework of the employer's duty of care to the worker, but the scope of the obligation must be determined with the rules of honesty and goodwill, as well as the provisions of the legislation45. The temporary employer and the transferor employer are jointly responsible for the duty of care to the worker in the non-professional temporary employment relationship. In the professional sense, there is no such regulation in the law on the temporary employment relationship. It is within the scope of the duty of care for the employer who employs temporary workers to notify the temporary worker of the vacant positions in the workplace within the framework of the provision of Article 7/9-b of the Labour Law46. The temporary employer must notify the temporary workers of the vacant positions in the workplace47. In our opinion, this provision is appropriate in order to ensure permanent employment of temporary workers. The obligation of the temporary employer to take occupational health and safety measures, to provide occupational health and safety training to the worker, to report work accidents and occupational diseases is also within the scope of the temporary employer's obligation to supervise the worker.

c. Equal Treatment Obligation

Although the employment contract exists between the temporary employer and the worker in the temporary employment relationship, the temporary employer also has a duty of equal treatment since the worker works for the temporary employer. As a matter of fact, the provision of Article 7/9-d of the Labour Law states that the temporary employer has to make use of the social services in the workplace in line with the principle of equal treatment during the period of employing the temporary worker48. However, what the concept of "social work" is, just like the concept of "basic working conditions", is not clearly explained in the legislation49. According to the majority view in the doctrine and the view that we also agree with, the concept of social work should be considered as opportunities such as childcare, transportation and food that are outside the basic working conditions. In this framework, the temporary employer should also offer the opportunities it offers to its own workers to the temporary worker in line with the principle of equality.

B. The Consequences of the Temporary Employment Relationship in terms of Social Security Law and Occupational Health and Safety Legislation

In terms of the temporary employment relationship established through a private employment agency, which also has consequences in terms of Social Security Law; although it is stated that the private employment agency is the employer in the Labour Law, the Law on the Turkish Employment Agency and the Regulation on Private Employment Agencies, and joint responsibility of the private employment agency and the temporary employer is not foreseen to have any liability, in the Social Insurance and General Health Insurance Law No. 5510 (“Social Insurance and General Health Insurance Law”), it is stated that the private employment agency and the temporary employer are jointly and severally liable for their obligations arising from this law50. These obligations will be briefly mentioned below and the consequences of non-compliance with these obligations will be discussed.  Obligation to observe the worker and take precautions, which is one of the main obligations of employers, is explained in Article 4 of the Occupational Health and Safety Law No. 6331 (“Occupational Health and Safety Law”), titled “General obligation of the employer”, together with other obligations. According to the article, employers are obliged; to prevent occupational risks, to take all kinds of measures including training and information, to organize work, to provide the necessary tools and equipment, and to adapt health and safety measures to changing conditions and to work to improve the current situation, ensuring that nonconformities are eliminated by monitoring and inspecting whether the occupational health and safety measures taken in the workplace are complied with, creating a risk assessment, considering the worker's suitability for the job in terms of health and safety when assigning a task to the worker, workers other than those who have been given sufficient information and instructions should take the necessary precautions to prevent them from entering places where there is a life and special danger. In addition to this regulation, the necessity of the temporary employer to take measures regarding occupational health and safety is also stated in paragraph f of the 9th paragraph of the 7th article of the Labour Law. In accordance with the article, the temporary employer is obliged to "give the trainings stipulated in the sixth paragraph of the 17th Article of the Occupational Health and Safety Law dated 20/6/2012 and numbered 6331 and to take the necessary measures in terms of occupational health and safety..." According to the 1st paragraph of Article 5 of the Regulation on Occupational Health and Safety in Temporary and Fixed-Term Work, the employer "cannot engage in different practices in temporary employment relations, especially in terms of working conditions that include the protection of the health and safety of workers in the workplace, including access to personal protective equipment." With regard to the obligation to inform, in accordance with paragraph 1 of Article 16 of the Occupational Health and Safety Law, in order to ensure and maintain occupational health and safety in the workplace, the employer, by taking into account the characteristics of the workplace, must inform its employees and employee representatives about the health and safety risks that may be encountered in the workplace, protective and preventive measures, legal rights and responsibilities related to them, first aid, ex - traordinary situations, disasters and fire fighting and evacuation works. The obligation to report work accidents and occupational diseases to the social security institution is regulated in the 13th and 14th Articles of the Social Insurance and General Health Insurance Law and the second paragraph of the 14th article of the Occupational Health and Safety Law. The obligation of the temporary employer to report work accidents and occupational diseases is regulated in subparagraph c) of the 9th paragraph of Article 7 of the Labour Law. In accordance with the provision of the article, the temporary employer is obliged to notify the temporary worker's work accident and occupational disease cases to the private employment office immediately, according to the 13th and 14th Articles of the Social Insurance and General Health Insurance Law dated 31.05.2006 and numbered 5510. Another obligation brought to employers by the Occupational Health and Safety Law is the obligation to establish an occupational health and safety committee. Pursuant to Article 22 of the Law, “In workplaces with fifty or more workers and where continuous work lasting more than six months is carried out, the employer establishes a committee to work on occupational health and safety. The employer implements the decisions of the board in accordance with the occupational health and safety legislation.” Another obligation is the employer's obligation  to perform health surveillance. Pursuant to Ar - ticle 15 of the Occupational Health and Safety Law, the employer is obliged to ensure that workers are subject to health surveillance by taking into account the health and safety risks they will be exposed to at the workplace. Besides that, the employer is obliged to ensure that the health examinations of the workers are carried out at regular intevals determined by the Minis - try according to the nature of the worker and the job and the danger class of the workplace, upon request of the workers, upon their return to work after their repetitive absence from work due to work accident, occupational disease or health, and during the continuation of the work. The last obligation we will mention is related to the submission of monthly premium and service documents. In accordance with the Article 86 of the Social Insurance and General Health Insurance Law; "In case the employer temporarily transfers the insurance holder to another employer in order to fulfill work pursuant to Article 7 of Labour Law, then the transferee shall be jointly obliged with the employer for submission of the documents stated in paragraph one regarding the temporary work relation period from the workplace of the employer to the Institution within the same time period." Violating the obligations listed above has separate consequences for the worker and the employer. In the event of a behavior contrary to the aforementioned obligations, the worker may refrain from doing his/ her job, provided that the worker is faced with a serious and imminent danger and this situation is not due to a dangerous job under normal conditions. Another right is the right to terminate for just cause. Pursuant to paragraph 4 of Article 13 of the Occupational Health and Safety Law, “In cases where necessary measures are not taken despite their requests, workers with employment contracts may terminate their employment contracts in accordance with the provisions of the law to which they are subject to. Public personnel working under a collective agreement or collective bargaining agreement shall be deemed to have actually worked during the period when they did not work, in accordance with this article.” If the consequences for the employer of not complying with the obligations are evaluated; the employer, who has violated the obligation to protect the worker, may be liable to pay the worker material and moral compensation if there are conditions. Apart from this, administrative sanctions may also be on the agenda. Suspension of work regulated in Article 25 of the Occupational Health and Safety Law is a sanction that can occur if occupational health and safety measures are not taken. Pursuant to the aforementioned article 25, “When a life-threatening issue is detected for the workers in the buildings and annexes, working methods and forms or work equipment in the workplace; until this danger is eliminated, work is stopped in a part or all of the workplace, taking into account the nature of the life-threatening danger, the area that may be affected by the risk that may arise from this danger, and the workers.” In accordance with paragraph 6 of the same Article, during this period the employer is required to pay the worker's wage or to employ him/her in another job without any reduction in wage. Another result is administrative fines. The imposition of an administrative fine is not dependent on the occurrence of a work accident or occupational disease. If the rules stipulated in the law are violated, this situation is sufficient in terms of imposing an administrative fine. The last result we will talk about is criminal sanctions. The employer, who does not comply with the occupational health and safety provisions, is likely to face criminal sanctions. However, it should be emphasized that, in accordance with the principle of "individual criminal responsibility", which is one of the principles that dominate criminal law, in this case, there will be no joint liability, and the employers will be personally responsible for their own exclusive actions.

V. UNLAWFULNESS AND TERMINATION OF TEMPORARY EMPLOYMENT RELATIONS ESTABLISHED THROUGH O PRIVATE EMPLAYMENT OFFICE

A. Unlawfulness of the Temporary Employment Relationship Established Through the Private Employment Agency

As we mentioned above in our study, temporary employment relationships through a private employment agency is only possible in some cases, and the establishment of temporary employment relationships is subject to certain conditions. If these conditions do not exist or if the conditions are not met, if a temporary employment relationship is still established, it would be appropriate to say that this relationship will be legally invalid, considering Article 27 of the TCO. There are opinions in the doctrine that in such a case, the regulations for collusion in the sub-employer relationship (the temporary worker is counted as an worker working with an indefinite-term employment contract from the beginning) should be applied51. Establishing a temporary employment relationship without the authorization of a private employment agency is also considered a violation of the law. If the bureau is not authorized from the very beginning, the legal sanction will be invalid. In the event that the authority of the bureau is revoked, the provision of the 4th paragraph of the 18th article of the Law No. 4904 on Certain Regulations Regarding the Turkish Employment Agency will be applicable. Failure to comply with the time limits set in the law will also cause the temporary employment relationship to be invalid52. Here, the issue of when the invalidity will begin is a matter of debate. In case of exceeding the quotas specified in the 6th paragraph of Article 7 of the Labour Law, there will be an illegality. As we mentioned above in our study; in the event that the business volume of the enterprise increases unpredictably and a temporary employment relationship is established, the number of temporary workers to be employed cannot exceed one-fourth of the workers in the workplace and temporary employment relations can be established for up to five workers in workplaces with ten or fewer workers. In the determination of the number of workers, those who work according to the part-time employment contract are returned to full-time work, taking into account the working hours. In case of violation of these quotas, the legal sanction will be invalid. The scope of the invalidity, namely; a sorting by date should be made regarding with which workers the temporary employment relationship will be deemed invalid. In addition, if all workers are taken over with the same temporary worker supply contract, the temporary employment relationship will be invalid for all worker53. We have mentioned that the first sanction is invalidity in cases where the temporary employment relationship is against the law listed above. In addition to the invalidity sanction, administrative fines will also be on the agenda. Administrative fines are regulated in the Law on Labour Law and Some Regulations Related to the Turkish Employment Agency. Pursuant to the provision of subparagraph b) of paragraph 1 of Article 99 of the Labour Law, the employer or employer's representative who employs temporary workers in violation of the principles and obligations stipulated in Article 7 of the Labour Law is punished with an administrative fine for each worker in this situation. In case of violation of subparagraph (f) of paragraph 2 of Article 7, it is also stipulated that the specified administrative fine will be increased fourfold. Administrative fines are listed in Article 20 of the Law on Certain Regulations Regarding the Turkish Employment Agency.

B. Termination of the Temporary Employment Relationship Established Through the Private Employment Agency

1. Agreement of the Parties

The first of the reasons for the termination of the temporary employment relationship established through the private employment agency is that the parties have agreed to a termination agreement. The fact that this relationship is three-sided leads to two different ways of ending by agreement. Namely; while the temporary employment  relationship can be terminated by concluding a termination agreement between the private employment agency and the temporary worker, the temporary employment relationship can also be terminated by concluding a cancellation agreement between the private employment agency and the temporary employer54. In addition to what has been said, it is necessary to briefly mention what will happen if the private employment agency and the worker agree to terminate their employment contracts. The solution suitable for this situation; even if the employment contract is terminated, the temporary worker supply contract will not be affected by this55. The exception to this situation is that, in the temporary worker supply contract, the worker is named by name and the private employment agency is not authorized to assign another worker. In this case, since the termination of the employment contract will naturally affect the temporary worker procurement contract, a breach of the temporary worker procurement contract will occur and a liability for compensation may arise. In order to eliminate the compensation obligation, it would be appropriate to include a provision in the temporary worker supply contract that the worker can be changed56.

2. Term Expiration

The temporary employment relationship ends at the end of the specified period. In the event that the temporary employment relationship continues despite its expiration, it is stipulated in the 13th paragraph of Article 7 of the Labour Law that an employment contract with an indefinite duration will be deemed to have been concluded between the worker and the employer hiring temporary workers, as of the expiry date of the contract.

3. Worker's Death

The death of the worker regulated in Article 440 of the TCO will terminate the employment relationship between the worker and the private employment office. However, whether this situation affects the temporary employment contract will vary depending on the matters agreed in the contract. Namely, in the case that the worker is identified by name in the temporary worker supply contract and the private employment agency does not have the authority to assign another worker, the temporary worker supply contract will naturally expire. On the other hand, if the worker is not identified by name or if the private employment agency is authorized to assign another worker, the temporary worker supply contract and in parallel with it, the temporary employment relationship, will continue57.

4. Termination of Contract

In a temporary employment relationship, if the employment contract between the worker and the private employment agency, which is one of the two contracts, is concluded for an indefinite period, both the private employment agency and the worker will be able to terminate the contract with a temporary termination notice58. If the private employment agency terminates the employment contract for a valid reason, the temporary employment relationship will end, and in the case of terminations with a notice period, the temporary employment relationship will continue until the end of the given period59. In addition, the private employment agency has the opportunity to terminate the employment contract of the worker for just cause. In this case, the temporary employer will not be liable for the obligations arising from the termination60. If the worker terminates the employment contract for just cause, this will also terminate the temporary employment relationship. If the temporary worker supply contract, which is the second of the contracts in the temporary employment relationship, is terminated by the employer's private employment office or the temporary employer, the temporary employment relationship will also come to an end.

5. Cancellation of Private Employment Agency's Permit or Closure of the Office

Pursuant to the third paragraph of Article 28 of the Private Employment Offices Regulation, if the authorization of the private employment agency to establish a temporary employment relationship is revoked, the execution of the ongoing contracts continues until the periods specified in the contract are completed. However, the private employment agency cannot use its authority to establish a temporary employment relationship or extend the temporary employment contract during this period. The point to be noted is that authorization and permission are different documents and permission is required for all activities of the private employment agency61. Therefore, the loss of this permit will result in the termination of the temporary employment relationship. Pursuant to paragraph 4 of the same article, if the private employment office is closed for any reason, the temporary employment relationship is terminated by the notification of this situation to the employer employing temporary workers. Pursuant to this explicit provision, the closure of the private employment agency is one of the reasons for terminating the temporary employment relationship.

VI. CONCLUSION

Temporary employment relationships, which are newer than other working relationships, are in the nature of a tripartite relationship. There are two types of temporary employment relationship: professional and non-professional temporary employment relationship. With the professional temporary work relationship established with the private employment office, which is the focus of our work; an employment contract is established between the private employment agency and the temporary worker, and a temporary worker supply contract is established between the private employment agency and the temporary employer. Establishment of this relationship is primarily specific to the realization of certain situations in the legislation, and the abuse of this relationship has been tried/aimed to be prevented. After the temporary employment relationship is established, the parties have various rights and obligations towards each other in the tripartite relationship. It is inevitable that this will have various consequences in terms of individual and collective labour law and social security law. There is an employer-employee relationship between the private employment agency and the employee. With the establishment of a temporary employment relationship, the temporary employer has the right to give instructions to the worker, and besides this right, it also has obligations to take care the workers and to treat them equally. On the other hand, the worker has obligations to do his/her job diligently, to be loyal to his/ her employer and not to be in competion. In addition to these obligations of the worker, there are also some rights arising from the collective labour law. The multifaceted nature of this relationship requires careful classification in terms of results.

BIBLIOGRAPHY

ERCAN AKYİĞİT, İş Hukuku, 2018. 

CANDAN ALBAYRAK ZİNCİRLİOĞLU, İş Hukukunda Esneklik ve Meslek Edinilmiş Geçici İş İlişkisi, 2021, Süleyman Demirel Üniversitesi Sosyal Bilimler Enstitüsü Dergisi, 2021, s. 272-305. 

Ş. ESRA BASKAN, Türk İş Hukukunda Meslek Edinilmiş Geçici İş İlişkisi, 2017, Gazi Üniversitesi Hukuk Fakültesi Dergisi C. XXI, sayı 2. 

YASEMİN BAŞMANAV, Ödünç İş İlişkisi, 2016, İstanbul Hukuk Mecmuası, s.139-169. 

NURİ ÇELİK, NURŞEN CANİKLİOĞLU, TALAT CANBOLAT, İstanbul 2020. 

ORHAN ERSUN CİVAN, Yeni Düzenlemeler Çerçevesinde Meslek Edinilmiş Ödünç (Geçici) İş İlişkisi, 2017, Ankara Üniversitesi Hukuk Fakültesi Dergisi, s.311-397.

 ALİ BARAN ÇETİZ, Türk İş Hukukunda Özel İstihdam Büroları Aracılığıyla Geçici İş İlişkisi, Ankara, 2020. 

AYŞEGÜL EKİN, İş ve Sosyal Güvenlik Hukukunda Mesleki Anlamda Geçici İş İlişkisi, Konya 2019. 

ÖMER EKMEKÇİ, ESRA YİĞİT, Bireysel İş Hukuku Dersleri, İstanbul 2020, On İki Levha Yayıncılık. 

ŞERAFETTİN GÜLER, 4857 Sayılı İş Kanunu’na Göre Ödünç İş İlişkisi, Kasım 2007/Şubat 2008, TÜHİS İş Hukuku ve İktisat Dergisi, Cilt: 21, Sayı: 2-3. 

MEHMET GÜNAY, Ödünç İş İlişkisi, Konya 2007. 

SEÇKİN NAZLI, Özel İş Aracılığı, 2009, Vedat Yayıncılık, İstanbul. 

AİGUL NURMUKHAMBETOVA, İş Kanunu’nun Yeni Düzenlemesi Karşısında Geçici İş İlişkisi, 2017, Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi. 

SERKAN ODAMAN, Türk İş Hukukunda Ödünç İş İlişkisinin Sona Ermesi, 2008, Sicil İş Hukuku Dergisi. 

SEZGİ ÖKTEM SONGU, ASİYE ŞAHİN EMİR, Sosyal Güvenlik Hukuku Bakımından Özel İstihdam Bürosu Aracılığıyla Kurulan (Meslek Edinilmiş) Geçici İş İlişkisi Kapsamında Çalışan İşçiler, 2020, Sicil İş Hukuku Dergisi. 

SARPER SÜZEK, İş Hukuku, İstanbul 2018. 

ESRA YİĞİT, Özel İstihdam Büroları Aracılığıyla Geçici İş İlişkisi, İstanbul 2018.

FOOTNOTE

1 Ömer Ekmekçi, Esra Yiğit, Bireysel İş Hukuku Dersleri, s.140.

2 Sezgi Öktem Songu, Asiye Şahin Emir, Sosyal Güvenlik Hukuku Bakımından Özel İstihdam Bürosu Aracılığıyla Kurulan (Meslek Edinilmiş) Geçici İş İlişkisi Kapsamında Çalışan İşçiler, 2020, Sicil İş Hukuku Dergisi, Sayı:43, s.236, Ş Esra Başkan, Türk İş Hukukunda Meslek Edinilmiş Geçici İş İlişkisi, 2017, Gazi Üniversitesi Hukuk Fakültesi Dergisi C. XXI, Sayı: 2, s.4. 

3 Ayşegül Ekin, İş ve Sosyal Güvenlik Hukukunda Mesleki Anlamda Geçici İş İlişkisi, s.17. 

4 Orhan Ersun Civan, Yeni Düzenlemeler Çerçevesinde Meslek Edinilmiş Ödünç (Geçici) İş İlişkisi, s.317, Ali Baran Çetiz, Türk İş Hukukunda Özel İstihdam Büroları Aracılığıyla Geçici İş İlişkisi, Sayfa: 17, Mehmet Günay, Ödünç İş İlişkisi, s.51. 

5 Yiğit Ekmekçi, a.g.e., Sayfa: 170, Civan, a.g.e., s.325-326.

6 Şerafettin Güler, 4857 Sayılı İş Kanunu’na Göre Ödünç İş İlişkisi, Sayfa: 103. Civan, a.g.e., s.333, 334, Çetiz, a.g.e., s.32. 

7 Civan, a.g.e., s.333. 

8 Seçkin Nazlı, Özel İş Aracılığı, s.11. 

9 Civan, a.g.e. Sayfa: 12. 

10 Odaman, s.35, Civan, s.72. 

11 Esra Yiğit, Özel İstihdam Büroları Aracılığıyla Geçici İş İlişkisi, Sayfa: 86, Candan Albayrak Zincirlioğlu, İş Hukukunda Esneklik ve Meslek Edinilmiş Geçici İş İlişkisi, s.291.

12 Civan, s.45

13 Yiğit, a.g.e., s.76. 

14 Yiğit, a.g.e., s.77. 

15 Güler, a.g.e., s.98. 

16 Güler, a.g.e., s.97.

17 Aigul Nurmukhambetova, İş Kanunu’nun Yeni Düzenlemesi Karşısında Geçici İş İlişkisi, s.187. 

18 Yiğit, a.g.e., Sayfa: 111.

19 Aigul Nurmukhambetova, a.g.e., s.189, Yiğit, a.g.e., s.112.

20 Yiğit Ekmekçi, a.g.e., s.158. 

21 Yiğit Ekmekçi, a.g.e., s.159. 

22 Ercan Akyiğit, İş Hukuku, s.178.

23 Akyiğit, a.g.e., s.178. 

24 Akyiğit, a.g.e., s.17

25 Yiğit Ekmekçi, a.g.e., s.160. 

26 Ali Baran Çetiz, Türk İş Hukukunda Özel İstihdam Büroları Aracılığıyla Geçici İş İlişkisi, 2020, Ankara. 

27 Serkan Otaman, Türk İş Hukukunda Ödünç İş İlişkisinin Sona Ermesi, s.109.

28 Çetiz, s.121. 

29 Civan, a.g.e., s.365. 

30 Odaman, a.g.e., s.135. 

31 Süzek, Sarper, İş Hukuku, 16. Baskı, İstanbul 2018, s.81. 

32 Çetiz, s.48. 

33 Odaman, a.g.e, s.135. 34 Odaman, a.g.e, s.141.

35 Ali Baran Çetiz, s.52. 

36 Odaman, a.ge., s.159. 

37 Yiğit Ekmekçi, a.g.e., s.147. 

38 Yiğit Ekmekçi, a.g.e., s.147. 

39 Yiğit Ekmekçi, a.g.e., s.147. 

40 Yiğit Ekmekçi, a.g.e., s.149. 

41 Süzek, s.318. 

42 Odaman, a.g.e., s.216. 

43 Çelik, Caniklioğlu, Canbolat, s.173, Yenisey, s.152.

44 Süzek, s.399. 

45 Süzek, s.399. 

46 Nuri Çelik, Nurşen Caniklioğlu, Talat Canbolat, s.237. 

47 Ekmekçi, Yiğit a.g.e., s.153. 

48 Yiğit Ekmekçi, a.g.e., s.158. 

49 Süzek, s.301. 

50 Yiğit Ekmekçi, a.g.e., s.181.

51 Ekin, a.g.e., s.171, Çetiz, a.g.e., s. 62. 

52 Yiğit Ekmekçi, a.g.e., s.176, Çetiz, a.g.e., s.64.

53 Yiğit, a.g.e., s.192, Çetiz, a.g.e., s.65. 

54 Yiğit, a.g.e., s.198. 

55 Yiğit, a.g.e., s.198, Çetiz, a.g.e., s.66. 

56 Yasemin Başmanav, Ödünç İş İlişkisi, s.151.

57 Yiğit, a.g.e., s.199, Başmanav, a.g.e., s.152, Çetiz, a.g.e., s.67. 

58 Odaman, a.g.e, Sayfa: 34. 

59 Odaman, a.g.e., s.34. 

60 Odaman, a.g.e., s.35. 

61 Yiğit, a.g.e., s.200.