Regulated under Article 7 of the Turkish Labor Law No. 4857, a Temporary Employment Relationship (Geçici İş İlişkisi) is a specialized labor mechanism whereby an employer temporarily transfers an employee's obligation to perform work to another employer. Under Turkish Labor Law, temporary employment is classified into two main categories: "Professional" (via agencies) and "Non-Professional" (intra-group/holding transfers).

I. Professional Temporary Employment (Via Private Employment Agencies)

This relationship is established through a "temporary worker supply agreement" executed between a Private Employment Agency (authorized by İŞKUR) and a temporary employer. The Private Employment Agency retains the primary legal status of the employer.

1. Statutory Grounds and Maximum Duration

  • Military Service, Pregnancy, and Contract Suspension: May last until the suspension condition terminates.
  • Seasonal Agricultural and Domestic Services: Subject to no statutory time limit.
  • Intermittent Work, Occupational Safety Urgencies, and Unexpected Increases in Work Volume: May be established for up to **4 months**, renewable at most twice, not exceeding **8 months** in total. *(In cases of unexpected work volume increase, temporary workers cannot exceed 1/4 of the total workforce; workplaces with 10 or fewer workers may employ up to 5 temporary workers).*
  • Periodic Work Increases: May be established for up to **4 months** and cannot be renewed under any circumstances.

2. Statutory Prohibitions and Cooling-Off Periods

  • 6-Month Cooling-Off Period: Upon expiration of the maximum statutory limits, no temporary worker can be employed for the same job position until 6 months have elapsed.
  • Absolute Prohibitions: Temporary employment is strictly prohibited in public entities, underground mining operations, workplaces experiencing collective redundancies (for 8 months following redundancy), and during active strikes or lockouts.

3. Wage and Social Security Liabilities

The duty to pay wages and social security (SGK) premiums belongs primarily to the Private Employment Agency. However, in cases of unexpected work volume increases, the temporary employer is required to audit monthly wage payments. If the agency fails to pay, the temporary employer must deduct the unpaid wages from the agency's fees and pay up to 3 months of outstanding wages directly into the workers' bank accounts.

II. Non-Professional Temporary Employment (Intra-Holding or Group Transfers)

This occurs when an employee is temporarily assigned to another workplace operating within the same holding company or group of companies under Turkish Law.

1. Requirement of Written Consent at the Time of Transfer

For intra-group transfers, the **employee's explicit written consent must be obtained strictly at the exact time of transfer**. Prior generic consents included in standard employment contracts are deemed legally invalid under Court of Cassation precedents. Unilateral transfers without consent constitute a fundamental change in working conditions (Labor Law Art. 22) or unjustified termination.

2. Maximum Duration and Implicit Extension

Non-professional temporary employment may be established for a maximum of **6 months** and renewed at most **twice** (total maximum of 18 months). If the employee continues working for the temporary employer after the expiration of this period, Turkish judicial precedents deem the employment contract to have been fully transferred to the temporary employer.

3. Joint and Several Liability

In non-professional temporary employment, the transferring employer and the receiving (temporary) employer are **jointly and severally liable (müteselsil sorumlu)** for the employee's wages and social security obligations accrued during the temporary assignment period.

III. Distinction Between Employment Agency Placement and Temporary Employment

In job placement activities, the agency (İŞKUR or private agency) merely connects the candidate with an employer and steps aside, bearing no ongoing legal liability. In temporary employment, the employment contract between the transferring entity and the employee remains active, preserving the legal status and liabilities of the primary employer.

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice. Consulting a qualified attorney for specific legal disputes is strongly recommended.