NEWSLETTER-2020-metin

368 NEWSLETTER 2020 the temporary club is the party that owes the debt to the player during this period. Under these circumstances, temporary transfer contracts are likened to a temporary business relationship as regulated in Article 7 of the Turkish Labor Law. A temporary employment relationship occurs when an employee is temporarily transferred to another em- ployer through a private employment agency, or within the holding or to another employer, on the condition that he is employed in another office affiliated with the same group of companies, or in jobs similar to his current position to fulfill his duty. In the temporary employment relationship, although the primary employment contract continues, the employee is obliged to fulfill the work undertaken according to this contract with the new employer. The employer with whom a temporary business relationship is established has the right to give instructions to the employee. In addition, the duty of paying wages by the primary employer continues in the temporary business relationship 5 . In the temporary employment relationship, which is included in Turkish Labor Law, the principal employer only shares the manage- ment right with the temporary employer, and the employee is obliged to fulfill his obligation to work for a certain period of time with the temporary employer. The duty to pay wages by the primary employer continues. In temporary transfers, the player is only bound to the man- agement of the temporary club and, during this period, all rights, such as wages and insurance, are obtained from the temporary club. The original club does not have any responsibility to pay wages, and the player is not bound by the management of his original club during his temporary transfer. Therefore, although temporary transfer and tem- porary employment contracts have similar characteristics due to the temporary change of the employer side of the service contract, they are completely different in terms of their legal characteristics. The temporary transfer contract is also compared with the as- signment of claims regulated in Article 183 and the Turkish Code of Obligations (“TCO”), since the player allocates his activity of playing football to his temporary club for a limited period of time according to the temporary transfer contract. However, as a rule, the consent of 5 Article 7 of the Turkish Labor Law.