Türk İş Hukukunda Özel İstihdam Büroları Aracılığıyla Geçici İş İlişkisi

Abstract

With the recent developments in science and technology; communication, transportation and industrialization gained momentum and this situation brought globalization. During the globalization process, cost pressure on employers has increased and competition conditions became fierce. It was stated that labor law could not keep up with the changing world and needed to be more flexible and as a result different business relations has emerged. Temporary employment through private employment agencies is one of these atypical employment relationships. The institution has entered our law for the first time by the replacement of Employment Act No. 4857’s Article 7 with the Act No. 6715. The regulation has not been adequately discussed in our law before it was made, and this has raised questions about the attainment of the objectives intended by the regulation. Likewise, the text of the Act appears to be hastily and inelaborately prepared; it makes the text difficult to understand and invites legal problems. However, there are provisions in the regulation that we think are positive about the temporary employment relationship. These provisions include; specifying as a limitation of situations in which temporary employment relationship can be established, limitation of each situation with a time limit, identifying cases where temporary employment is prohibited and the introduction of obligation of equal treatment.