Newsletter-21

324 NEWSLETTER 2016 Establishment of Temporary Employment Relationships via Private Employment Agencies Article 7 of the Labor Law includes the definition of temporary employment relationships. Article 1 of the Draft Law expands such definition, and grants private employment agencies the authority to establish temporary employment relationships, as well. In accord- ance with this provision, temporary employment relationships shall be installed via two written agreements of “employment agreement” and “temporary employee procurement agreement” to be concluded, respectively, with the temporary employee and the employer. Along with this provision, the private employment agencies shall function as a bridge between temporary employees and employers via two dif- ferent agreements. The first paragraph of the same provision provides for cases in which temporary employment relationships are allowed. As per such provision, temporary employment relationships may be established in cases of: a) Enjoyment of maternity leave or the right to work part-time after giving birth, rendering of military service, or suspen- sion of employment agreement due to any other reason, b) Seasonal agricultural labor, c) Home services, d) Periodic employment which is not considered as daily busi- ness of the enterprise, e) Employment that is deemed to be urgent in relation to job security or emergence of force majeure that considerably af- fects production, f) Significant increase of work load of the enterprise, g) Seasonal increase of employment. In addition, temporary employment relations have been banned in workplaces that are going through collective redundancy, state institu- tions and organizations, and workplaces that are active in underground mining operations.

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