Özet:

Establishing only a temporary employment relationship shall not remove the employers’ liability to take health and security measures. In accordance with Article 7 of the Labor Law, a temporary employer is responsible, together with the employer, for looking out for the employee during the working period of the temporary employee. If appropriate health and security measures are not taken at the workplace, it is possible for the temporary employee to refrain from performing work, like other employees, until appropriate measures have been taken according to the provisions of Article 83 of the Labor Law; besides under suitable conditions, a temporary employee may also refrain from performing the work in accordance with Article 325 of the Law of Obligations. Since temporary employees may terminate their labor contracts in accordance with the procedure stated in Article 83 of Labor Law due to failure of the employer to take the necessary health and safety measures, they may also lawfully terminate their labor contracts due to non-conforming working conditions.

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