1. What does a private employment agency mean?
They are real or legal persons who are authorized by the Institution to mediate in the placement of job seekers in suitable jobs and in finding suitable workers for various jobs, and who operate in a workplace or through the means specified in the Press Law No. 5187 dated 09.06.2004 or through radio, television, video, internet, cable broadcasting or electronic information communication tools and similar broadcasting tools.
2. Who can open a private employment agency and where should they apply?
Real persons and legal entities can open a private employment agency. In addition to companies established according to the Turkish Commercial Code, organizations such as municipalities, universities, associations and foundations can also open a private employment agency due to their legal personality. Applications for a private employment agency will be made to the provincial directorates of the Turkish Employment Agency.
3. What are the current legal regulations regarding private employment agencies?
Article 90 of the Labor Law No. 4857,
Articles 17-20 of the Turkish Employment Agency Law No. 4904,
Regulation on Private Employment Agencies (Official Gazette dated 19.03.2013 and numbered 28592),
Communiqué on Administrative Fines to be Applied by the Turkish Employment Agency Based on Article 20 of the Turkish Employment Agency Law No. 4904 and Article 108 of the Labor Law No. 4857 (Official Gazette dated 06.08.2008 and numbered 26959).
These regulations can be accessed on the www.iskur.gov.tr website (Our Institution/Institution Legislation).
4. Will the values requested from the agencies and the expenses be given at the time of the first application or after the permit is obtained?
If there are no deficiencies in the documents required for the letter of guarantee and application for expenses, it will be taken last before the permit is granted. The letter of guarantee must be prepared according to the sample letter of guarantee prepared by the Institution.
5. How should the fields of activity and trade names of the offices be arranged?
The fields of activity of the offices permitted by the Institution must include expressions related to job and employee finding activities, and similarly, the trade names must include expressions such as career, consultancy, human resources, brokerage, etc. indicating these expressions.
6. What are the conditions for renewal of the private employment agency permit document?
Private employment agency permit documents are valid for a period of three years. Offices can operate between the dates written on the permit documents.
In order to renew the permit document whose permit periods are written on the permit document, it is necessary to apply to the Institution's provincial directorate/service center at least 15 days before the end of the permit period. If an application is made after this period, the activity will not be carried out until the new permit document is issued.
7. When will private employment agencies complete the guarantee they provide during the application?
The guarantee letter provided at the time of application will be completed to the redetermined amount by the end of February of the following year or an additional guarantee will be provided. For example, agencies that were granted permission in December 2023 will complete their guarantee by the end of February 2024.
8. What are the statistical concepts and terms of private employment agencies?
Vacancy: Personnel demand for “open positions in workplaces” transferred from employers to private employment agencies.
Application: Application made by those who want a job suitable for their situation (knowledge, interests and skills) to private employment agencies in person or via the internet etc. to find a job.
Job Placement: The employment of individuals who apply for “open positions in workplaces” transferred from employers to private employment agencies after they are sent to the employer.
9. Does the person who applies as a founder to open a private employment agency have to be the head of the company and work there after the private employment agency authorization is granted by İŞKUR? Or can they transfer the management to another person working in the company by giving them authorization from a notary?
The private employment agency permit document will only be used by the authorized real or legal persons and cannot be transferred. In the event that the workplace is to be transferred to the legal heirs of the real persons for whom the document is issued and the legal persons who are authorized to manage, represent and bind the legal entity and who are also partners or shareholders of the legal entity due to death or any other reason, the relevant persons will apply to the Institution with the necessary information and documents.
In case the person authorized to manage, represent and bind the legal entity changes, the new authorized person's Turkish identity document copy/foreign identity number for foreign nationals, 4-year undergraduate diploma copy, document indicating that he/she has not declared bankruptcy or composition (Bankruptcy Agreement) and his/her CV shall be submitted to the Institution and if permission is granted after the evaluation made by the Institution, the activities shall continue.
Authorities may grant power of attorney to persons who meet the conditions set forth in the Law.
10. How is the placement of ex-convicts and victims of terrorism carried out in the private sector?
With the amendment made to the Labor Law No. 4857, the obligation of private sector employers to employ ex-convicts and victims of terrorism in workplaces where they employ 50 or more workers has been abolished. Within the scope of the Anti-Terror Law No. 3713, placements made in public institutions and organizations for the quotas of victims of terrorism are carried out by the Ministry of Interior.
11. Which records are required to be kept by private employment agencies?
Private employment agencies must keep for five years, as of the beginning of the calendar year following the date of the regulation;
a) Written contracts related to professions for which a fee can be charged as specified in the second paragraph of Article 22,
b) Identity, education, and professional information of job seekers,
c) Identity, education, and professional information of workers with whom they have signed temporary employment contracts and information of employers employing temporary workers within the scope of temporary employment relationships,
ç) Temporary worker supply contracts and temporary employment contracts,
d) Identity, education, and professional information of people placed in jobs,
e) Education, profession, and communication information related to open jobs received from employers,
f) Overseas employment contracts approved by the Institution,
g) Documents prepared regarding persons who can sign other than the authorized person,
and submit them upon the Institution's request.
12. What are the conditions for renewing private employment agency permits?
Permits issued by the Institution are valid for three years. The permit period can be renewed for three-year periods provided that a written request is made at least fifteen days before the permit expiration date, the conditions sought for granting the permit are met and the renewal fee is paid.
13. When and how will statistical information be provided to the Institution?
In order to ensure that the offices enter their statistical information into the system within the period, the necessary information and follow-up procedures will be carried out by the provincial directorate/service centers. The information of the offices that enter their statistical information will be checked and if there are any deficiencies, the offices will be notified via e-mail to ensure that the necessary corrections are made. Information not entered within the period will be followed up by the provincial directorate, the relevant office will be notified in writing to enter its statistical information into the system on the day after the expiration date, and offices that do not send their statistical information to the Institution within fifteen days from the notification date will be subject to action pursuant to Article 20/i of the Law.
Offices will send their statistical information regarding their three-month activity periods to the Institution four times a year, in January, April, July and October.
Statistical information will be sent from the Institution's website by the 20th of the mentioned months following the end of the three-month period with the İŞKUR number and password given to them.
Statistical information received from the offices is compiled and published on the Institution's website.
14. What are the criteria sought for qualified personnel?
Qualified personnel to work in the offices must have a professional qualification certificate for business and vocational counselors approved by the Vocational Qualifications Authority or at least an associate degree; information management, office management and executive assistant, public relations and promotion, human resources management, business administration departments or an undergraduate degree; political sciences, economic and administrative sciences, economics, business or management sciences faculties.
15. What activities can private employment agencies engage in?
Private employment agencies;
a) It carries out intermediary activities in finding jobs and employees,
b) It may carry out services related to the labor market, employment and human resources,
c) It may organize vocational training,
ç) It may establish temporary employment relationships if authorized.
(2) Intermediary activities may be provided by conducting one-on-one interviews with job seekers or employers at a workplace and/or through the means specified in the Press Law No. 5187 dated 9/6/2004 or through radio, television, video, internet, cable broadcasting or electronic information communication tools and similar broadcasting tools without conducting an interview.
(3) Private employment agencies may not conduct intermediary activities for the cadres and positions of public institutions and organizations.
(4) Without obtaining permission from the institution;
mediation cannot be made in finding jobs and workers through means or radio, television, video, internet, cable broadcasting or electronic information communication means and similar broadcasting means; advertisements and announcements belonging to persons who act as mediators in finding jobs and workers through press and broadcasting organizations and other information communication means cannot be published.
(5) In cases where private employment agencies send workers abroad within the scope of their mediation activities, it is mandatory to have the workers' overseas service contracts approved by the Institution.
(6) Regarding the mediation activities of private employment agencies;
a) Agreements made between private employment agencies and employers in cases where they make agreements with job seekers on receiving compensation or benefit from them in any way other than those stipulated in the second paragraph of Article 22 of this Regulation,
b) Agreements that include the conditions that the worker should work off the books, be a member of a union or not, or be paid a wage below the minimum wage,
c) Agreements that prevent an employer or a job seeker from receiving services from other private employment agencies or the Institution for job placement activities,
are invalid.
16. What activities can private employment agencies not engage in?
Private employment agencies cannot act as intermediaries for cadres and positions in public institutions and organizations. Without obtaining permission from the Institution; intermediaries cannot be made in finding jobs and workers at a workplace or through the means specified in Law No. 5187 or through radio, television, video, internet, cable broadcasting or electronic information communication tools and similar broadcasting tools; Advertisements and announcements belonging to persons who act as intermediaries in finding jobs and employees through press and broadcasting organizations and other information and communication tools cannot be published.
17. Who will private employment agencies receive a fee from?
Private employment agencies can only receive a fee from employers. Except for the professions and senior managers specified in the Regulation, no fee can be received from job seekers under any name, no benefit can be provided.
18. When can private employment agencies start operating?
Private employment agencies can start their job and employee intermediary activities as of the start date of the permit period after they are permitted to operate by the provincial directorate. The permits granted are valid for three years.
19. Can private employment agencies make agreements with companies or individuals not to work with other agencies?
Agencies cannot make agreements with companies or individuals not to work with other agencies; such agreements will be considered invalid agreements in accordance with the provisions of the Regulation and the permit certificate may be canceled.
20. What are the obligations of private employment agencies?
(1) If the temporary employment relationship continues despite the expiration of the period specified in the contract, an indefinite-term employment contract is deemed to have been established between the employer employing the temporary worker and the worker as of the date of termination of the contract. In this case, the private employment agency is responsible for the worker's wages arising from the temporary employment relationship, the obligation to supervise the worker and the social security premiums, limited to the duration of the contract.
(2) The obligations arising from Law No. 6331, Law No. 5510 and Law No. 4447 regarding the private employment agency worker are fulfilled by the private employment agency, without prejudice to Article 7 of Law No. 4857.
(3) Temporary workers benefit from the education and childcare services of the private employment agency during the periods they are not working.
21. How will the applications received to open a private employment agency be evaluated?
Applications for permission from the private employment agency and the authorization to establish a temporary employment relationship are finalized within one month at the latest, if necessary, by conducting on-site detection and examination.
(2) Natural or legal persons deemed appropriate to operate as a private employment agency by the provincial directorate and/or authorized to establish temporary employment relations are informed in writing and the private employment agency permit and/or temporary employment relationship authorization are recorded in the system and announced on the Institution's website.
(3) Permits granted by the Institution are valid for three years. The permit period can be renewed for three-year periods provided that a written request is made at least fifteen days before the expiration date of the permit, the conditions sought for granting the permit are met and the renewal fee is paid.
22. What documents should be used to apply to open a private employment agency?
(1) In order to open a private employment agency, the following must be submitted along with the application form:
a) T.R. ID number declaration and a copy of the work permit obtained from the Ministry for foreign nationals,
b) A certified copy of at least a bachelor's degree certificate belonging to authorized persons, a copy of a diploma translated into Turkish by sworn translators for those who graduated from schools abroad,
c) A document obtained from the commercial courts and enforcement and bankruptcy offices/directories indicating that authorized persons have not declared bankruptcy or composition
The document,
ç) Authorized persons; Not having been convicted of crimes against the security of the State, crimes against the constitutional order and the functioning of this order, embezzlement, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, rigging a tender, rigging the performance of a duty, smuggling of migrants and human trafficking, laundering or smuggling of assets originating from crime, even if the periods specified in Article 53 of the Turkish Penal Code No. 5237 dated 26/9/2004 have passed, and a written criminal record statement regarding this,
d) A document or certified copy showing that the qualified personnel to be employed meet the conditions listed in Article 3, paragraph 1, subparagraph (i) of this regulation,
e) A document indicating that private employment agencies have a physical location and/or a website that is exclusively allocated for the purpose of mediating the search for jobs and employees, and that is suitable for interviewing job seekers,
f) Job declaration that the records and statistical information regarding job seekers, job placements and vacant jobs are compiled, recorded and stored electronically and that the technical equipment is suitable for electronic communication,
g) For those who have acquired the title of merchant, the activity certificate obtained from the trade registry gazettes regarding the establishment and changes and the chambers of commerce or industry where they are registered, and for other legal entities that do not have the title of merchant, the trade registry or tradesman registry record or bylaws that include the provision that the economic enterprise they have established will act as an intermediary in finding jobs and employees,
ğ) Signature circular of authorized persons,
h) Tax number,
submitted to the provincial directorate/service center.
(2) If deemed necessary by the institution, documents proving the conditions listed in this article may also be requested.
23. Where should the application for opening a private employment agency be made?
Applications for a private employment agency shall be made to the provincial/service directorates of the Turkish Employment Agency. The contact information of the Provincial / Service Directorates can be accessed at www.iskur.gov.tr.
24. Who exercises signature authority in the activities of private employment agencies?
(1) According to Article 18 of the Regulation, it is mandatory for the agencies to have an office stamp in all correspondence with the Institution and in all documents they prepare regarding their activities. The authorized person is responsible for all signatures placed under the stamp and must present the documents prepared for those who can sign other than him/her to the Institution when requested. In addition, authorized persons will also be held responsible for the activities of the agencies on the internet.
25. In what cases can the private employment agency permit be canceled?
The permit to establish a private employment agency granted by the Institution;
a) Loss of the conditions sought for granting a permit or later finding out that they are not met,
b) Acting contrary to the provisions of Articles 26 and 27 of the Turkish Code of Obligations No. 6098 dated 11/1/2011,
c) Conducting temporary employment relationship activities without obtaining permission from the Institution,
d) Directly or indirectly receiving a fee or providing benefits from job seekers other than the professionals specified in the second paragraph of Article 22 of this Regulation,
e) Collection and/or use of information regarding job seekers or vacant jobs for purposes other than job and employee finding activities,
f) Failure to provide the requested information or documents and statistics regarding job seekers, vacant jobs and job placements required for monitoring the labor market within the period determined by the Institution,
g) Detection of employment of foreign workers without work permits,
h) Failure to have the Institution approve service contracts regarding job and employee finding activities abroad,
i) Failure to comply with Article 4 of this Regulation
(2) The cancellation process shall be carried out immediately if any of the invalid agreements listed in the sixth paragraph of this article have been made,
j) No job placement has been mediated for twelve months.
(2) The cancellation process shall be carried out immediately if the situations specified in subparagraphs (a), (c) and (j) of the first paragraph of this article are detected, and in the cases listed in other subparagraphs, if it is detected that the same subparagraphs have been violated three times or separate subparagraphs six times within a period of two years from the date of detection of the last act, and as a result of this process, the private employment agency shall not be granted a permit for a period of three years.
(3) The sanctions applied to branches shall also be taken into account in the cancellation of the permits of private employment agencies.
26. How will those who have been granted a private employment agency permit be announced?
The permit documents issued by the institution, the statement that no fee will be charged from job seekers and no benefits will be provided, and the address and telephone numbers of the relevant provincial directorate shall be posted in a visible place in the private employment agencies. This information is also included on the internet homepages of private employment agencies in a manner determined by the Institution.
28. Definition of private employment agency?
It refers to agencies established by real or legal persons authorized by the Institution to mediate the placement of job seekers in jobs they are suitable for and to find suitable workers for various jobs and/or to carry out temporary employment relationship establishment activities.
