Newsletter-21

326 NEWSLETTER 2016 Article 8 of the Draft Law envisages administrative fines for un- authorized private employment agencies intermediating the establish- ment of temporary employment relationships without permission. Rights and Obligations of Private Employment Agencies Article 19 of the Employment Institution Law has been amended by Article 7 of the Draft Law. In accordance with the preamble of the Draft Law, mandatory obligations and acts to be avoided by private employment agencies within the scope of their temporary employment relationship intermediation activities are regulated in order for them to duly operate. As per the first paragraph of such provision, private employment agencies shall not be able to profit from job seekers in order to protect and avoid exploitation of such persons’ rights. According to the same subparagraph, the addressee of the remuneration for intermediation services shall be the concerned employer. In accordance with the second subparagraph of the Article, the employee in the temporary employment relationship shall be the pri- vate employment agency. Within this context, private employment agencies shall be obliged to acknowledge and provide the employee in question his/her right to remunerate based upon the equivalent employee. In addition, the private employment agency shall also be responsible to pay the social security premiums of the employee. Telecommuting Article 2 of the Draft Law amends the title of Article 14 of the Labor Law as “On-call working and telecommuting,” and defines the concept of telecommuting. According to such definition, telecom- muting is a “ written employment relationship in which the employee performs his/her service at home or out of office via telecommunica- tion devices, within the work organization created by the employer. ” The same provision includes the minimum content of telecommuting employment agreements, and ensures equal treatment for employees working within the telecommuting model.