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LABOR LAW
265
Part Time Employment Agreements
4
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Att. Pelin Baydar
Pursuant to the Labor Code numbered 4857, the agreement is defined
as Part Time Employment Agreement when an employee’s normal
working hours are less than the full time working employee’s scheduled
working hours.
Pursuant to Regulation on Working Periods Regarding Labor Code
article 6, it is stipulated that
“if the working hours of workers in a
workplace are 2/3 of the full time workers within the frame of full time
period employment agreement, their working pattern is deemed as part
time working”
Accordingly, the weekly working hours in a workplace
shall be the criteria while determining the nature of employment
agreement. For example, if the weekly normal working hours in a full
time working workplace are 45 hours in compliance with the labor code,
then employment agreements regulating weekly working hours of max.
30 hours, shall be defined as part time working employment agreement.
Employees working pursuant to Part Time Employment Agreement
benefit from annual leaves as full time working employees and shall
not be subject to less favorable treatment than the full time workers.
Unless different treatment is determined on the justifiable and objective
grounds, employees who are working pursuant to Part Time Employment
Agreement shall not be treated less favorable than comparable full time
workers based solely on employee’s Part Time Contractual terms and
conditions.
Also, if the employer and the employee decide on a monthly wage,
then the employer shall inform the Social Security Institution as if the
employer carrying out a full time work irrespective of the amount of
working hours in a week, even if the employee has worked 1 hour within
a day.
If the employment agreement involves hourly work element then the
work is deemed as part time work and number of Insurance contribution
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Article of May 2011