Government Gives "Improved" Slavery a Second Try

The government once more brought the bill on leased labour to the parliament, this time it is put forward within a law package. President Abdullah Gül had previously vetoed the bill which was designed in favour of "Private Labour Offices" to place workers in companies on a temporary basis. Unions referred to the draft law as a "system of slavery".

The bill was discussed by the parliamentary Planning and Budged Commission and the Commission for Health, Family, Work and Social Affairs on 18 January.

No liability for employers

The new bill does not differ from the former draft law. It gives private labour offices the right to rent labourers out to employers under a "temporary employment contract". The employers of leased labourers bear no responsibility regarding social rights. Severance pay, the right to strike and to collective agreement for the workers are not included. Additionally, leased labourers will not be able to join trade unions because in Turkey the membership to a union is based on the branch of business.

Improved slavery

The bill is part of a package as one single law article. Some of the regulations are listed below:

- A written contract is made between the private labour office and the employer who is hiring the worker. The contract is not to the expense of the worker.

- No discrimination is made between "wages, occupational health and security, vocational training at the workplace and other basic work and employment conditions" of the hired workers and "newly employed workers at the workplace for the same or equivalent work". This article was included by the government in accordance with the European Union's directive for private employment agencies. The guideline prevents the employment of workers under worse conditions compared to a worker doing "similar" work in the same company on a permanent basis concerning working hours, rest periods, holidays and wages.

- The total number of leased labourers in a company must not exceed one fifth of the staff. This ratio was defined as a quarter of the workforce in the previous bill.

- The duration of the "temporary employment contract" may not exceed 18 months. If the employment exceeds this duration, a written contract or temporary employment contract is not concluded and the duration of the contract is exceeded, a "unlimited employment contract" is concluded between the employer and the formerly leased labourer.

- The contract between the private employment office and the worker is recognized as "chain contracts", as defined in the former draft law as well.

- In case of strike or lock-out at the work place, the private employment office cannot lease the worker to another work place and is obliged to pay half of the wage. This amount cannot fall below the minimum wage.

- If the employment contract is called off by the worker, he or she cannot be employed in the same workplace for the duration of one year.

Regulations contrary to ILO

Agreement no. 181 and the recommendations of the International Labour Organization (ILO) for the private employment offices contain many safeguards such as the protection of migrant workers or the right to association and collective negotiations. (TK/VK)