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stipulated under agreement taking into account the special conditions”
pursuant to the TC. However, Article 402 of the TCO stipulates that the
overtime pay would be 150% of the normal working wage. Moreover,
in line with the flexible working principles under the Labor Law, it is
introduced that the employer, with the consent of the employee, may
allow the employee to take a leave proportionate to his or her overtime
work instead of being paid overtime pay.
A new provision is brought with Article 404 stipulating that
intermediary works can also be fulfilled on the basis of service
agreements. Pursuant to this article, if it is agreed that a fee would be
paid to the employee for providing intermediary services for certain
transactions, the employee’s right to demand this intermediary fee would
arise upon the conclusion of such a transaction between the third party
and the employer. However, if this agreement could not be fulfilled by the
employer without its fault or if a third party would not be able to fulfill its
obligations thereunder, then the employee’s right to demand fees would
be terminated.
It is stipulated under Article 406 of the TCO that as a principle the
fees would be paid at the end of each month. However, parties may agree
that the payments are to be made in shorter time frames. The same article
also regulates the issues regarding the payment of fees in the intermediary
works and for the works where the giving of shares is envisaged. In
Article 407, new provisions are introduced to safeguard the wage credit
of the employee. Thereby, the wage credit of the employee cannot be
bartered for the credits of the employer from the employee. If there is
a judicial award against the employee stating that the employee has
purposely harmed the employer and been ordered to pay compensation
to the employer, then these kinds of credits of the employer can only be
partially bartered for the employee’s wage on the part that can be subject
to garnishment. It is also regulated that agreements on the use of the wage
in benefit of the employer would be null and void.
Whereas, the liability arising out of the “piece or lump sum work”
is subject to freelance provisions pursuant to the CO, the TCO Article
4011 envisages that this kind of work would be subject to provisions of
“transactions due to time”.