ABSTRACT

The temporary agency work which is as an employment type has been practising from the beginning years of 1990 and following adaptation of the Law numbered 4857 become prevalent. However, the temporary agency work exists as physical reality in Turkish Labour Law but it is not subject of any legal legislation. It was very appropriate to aim regulating the temporary agency work with the Law numbered 5920 at the year of 2009, in conjunction with that it was accurate as much as to be vetoed by the President of the Republic. Currently, the subject of temporary agency work is not regulated by any legislation and this fact is against to the employee. Unless the temporary agency work has not been restricted by the legal provisions, it will become a tool of employment with low wage, nonunionized and without job security. Furthermore the essential restriction function of an employment contract for a definitive term which is based on emergence of the objective conditions would be vanished. The purpose of the legal restriction regarding on the temporary agency work as an employment type should be preventing from supersede the employment for an indefinite term. In order to reach this aim, the temporary agency work should be permitted when the temporary employee necessity occurs at the entertainment. However, the Law numbered 5920 which had brought maximum period and other restrictions but it was not enough to reach the aforementioned purpose. The Directive 2008/104/EC includes guiding rules for the legislation which will be adopted in our country in the future. Following to be voted by the President of the Republic, some new articles added to the Law numbered 5920 and this study will examine the competency of these new added articles in connection with the protection purpose for the temporary agency workers