Anasayfa / Sicil Sayı 36
Sayfa 41-61

Arastirma Makalesi

Yeni Düzenlemeler Çerçevesinde Türk İş Hukukunda Ödünç İş İlişkisi Uygulaması

Sicil, 2016/II Sayi 36: Sayfa 41-61

Prof. Dr. Serkan ODAMAN

T.C. Dokuz Eylül Üniversitesi, Iktisadi ve Idari Bilimler Fakültesi, Is ve Sosyal Güvenlik Hukuku Anabilim Dali


Yeni Düzenlemeler Çerçevesinde Türk Is Hukukunda Ödünç Is Iliskisi Uygulamasi

Anahtar Sözcükler:

Ödünç iş ilişkisi, birlikte sorumluluk , 6715 sayılı Yasa, özel istihdam bürosu, ödünç iş ilişkisinin sona ermesi.

Temporary Employment Relationship In Turkish Labour Law According To New Regulations


Temporary employment relationship in our Labour Law is regulated in Article 7. The provision was amended by Law No. 6715 and in the new provision to establish temporary employment relationship through a private employment agency and to establish temporary employment relationship within the structure of the same holding company or the same group of companies have been regularized. In the West, this practice is referred to as “employee leasing”, is carried out in the form of professional temporary employment relationship. The effect of globalization, the aim of harmonizing temporary employment relationship rules with the International Labor Organization Convention No. 181 and the European Union Directive No. 2008/104 / EC based on this amendment. It is stipulated that a temporary employment relationship may only be established if the employer transfers his employees temporarily, upon obtaining his written consent at the time of transfer, to another workplace in order to perform work within the structure of the same holding company or the same group of companies. Temporary employment relationship established through a private employment agency can be done in limited cases specified in the Law. In our study, we will focus on the content and the critique points of this new regulation and possible problems that can be came out with the practice of this rule will be determined. Our aim is to present a different point of view in terms of preventing the loss of rights by bringing proposals for solutions to the foreseen problems that may arise with the application of Article 7, which is in force of the Labour Law.


Temporary employment relationship, joint liability, Law No. 6715, private employment agency, termination of temporary employment relationship.