REGULATION ON RESIDENTIAL JANITORS

REGULATION ON RESIDENTIAL DOORMAN(1)

 

Purpose, Scope and Definitions

 

Article 1 - The purpose of this Regulation is to regulate the scope and nature of the services of the janitors and the procedures and principles regarding working hours, week holidays, national holidays and general holidays, annual paid leave rights and janitor housing.

 

Basis

Article 2 - This Regulation has been prepared based on Article 110 of the Labor Law dated 22/5/2003 and numbered 4857.

Definitions

Article 3 - In this Regulation;

Housing Caretaker : Maintenance, protection, minor repairs of the immovable property, maintenance and cleaning of common areas and furnishings, independent sections

 

The person who provides services such as seeing to the market affairs of the residents, ensuring their security, lighting the heater, organizing and maintaining the garden and similar services,

 

Employer: The owner or partners of the dwelling,

Manager: The person acting as the employer's representative,

Workplace: It refers to the dwelling where the janitor works and all independent sections, common areas, annexes and facilities.

 

PART TWO Authorities, Duties and Responsibilities

 

Powers, Duties and Responsibilities of the Manager

Article 4 - The housing manager is the representative of the employer in the implementation of the provisions of the Labor Law and this Regulation and in judicial disputes. The duties, powers and responsibilities of the manager are as follows

a) To conclude, amend and terminate labor and collective bargaining agreements provided that it is authorized in writing by the employer,

b) Investigating the existence of a fireman's certificate for the janitor in centrally heated houses with central heating, and hiring the one who has a certificate,

c) To request the health report at the entrance of the janitor, to start the appropriate one to work and to have a health check every year,

d) To pay the wage and compensation rights of the janitor arising from the Labor Law and the contract on time and in accordance with the procedure, to pay insurance premiums

 

deposit on time,

e) Providing technical information in writing to the caretaker about the use of the housing installation and ensuring that it is maintained in accordance with its specifications

 

to provide,

f) To ensure that the housing allocated for the caretaker is suitable for health and living conditions,

g) To submit a document stating the working conditions and duties of the caretaker for the information of the residents of the dwelling and to make this document available to the relevant persons in the dwelling.

 

hang it somewhere at the entrance,

h) To apply to the administrative authorities in accordance with the Condominium Law No. 634 when the caretaker's residence needs to be evacuated.

Duties and Responsibilities of the Caretaker

Article 5 - The duties and responsibilities of the janitor are as follows:

a) In accordance with the instructions of the manager, to light the heating of the residence on time, to adjust the heat and to extinguish it,

b) To operate hydrophore and similar vehicles,

c) To keep the common places and facilities of the immovable property clean, to keep its fixtures, tools and equipment in an organized, well-maintained and functional manner,

d) Not to use the dwelling allocated to him/her for other purposes, to protect the dwelling, to protect the dwelling, to prevent any damage or damage to the dwelling by himself/herself or a member of his/her family

 

meet,

e) To take measures to ensure the security of the residence within the framework of the manager's instructions,

f) Providing shuttle services, collecting garbage, landscaping and maintenance of the garden during the specified hours, g) To act in accordance with the trainings given and to use protective equipment,

h) To fulfill other duties specified in the labor or collective labor agreement.

 

PART THREE

Labor Contract and Working Conditions

 

Labor Contract

Article 6 - In the employment contract made with the janitor;

The type and form of the employment contract, the name and address of the employer and the workplace, the identity of the janitor, the date of commencement of employment, the works to be performed, the basic wage and, if any

 

wage supplements, the method and time of payment of wages, working time and rest breaks, special provisions, if any, the date of issue and the signature of the parties.

 

Working Time and Rest Period

 

Article 7 - Working hours are generally 45 hours per week. This period may be reduced by agreement according to the type of work. In addition, an intensified working relationship may also be established, provided that it does not interrupt the period specified in Article 63 of the Labor Law. Working time is the time the janitor spends at work. The daily working time can be divided into four at most according to the working style in the workplace where the janitor's residence is allocated. Rest breaks are not counted as working time.

 

Working hours may be regulated by taking into account summer and winter working hours and climatic conditions.

 

Fee Payment

Article 8 - The housing concierge is paid according to the provisions of the Labor Law.

Week Vacation

Article 9 - Week holidays shall be granted in accordance with the provisions of the Labor Law and the contract.

General Holiday and Wages

Article 10 - Whether or not the janitor can be employed during the holidays specified in the Law No. 2429 on National Holidays and General Holidays

 

or determined in collective labor agreements.

Wages for these days shall be paid in accordance with Article 47 of the Labor Law. Annual Paid Leave

Article l1 - The janitor shall be granted annual paid leave in accordance with the provisions of the Labor Law. Temporary Caretaker

 

Article 12 - When a janitor leaves his duty during annual paid leave, sick leave or vacation days, a temporary janitor may be employed in his place. The temporary janitor cannot be paid less than the minimum wage.

 

SECTION FOUR Caretaker Housing

 

Caretaker Housing and Evacuation

 

Article l3- It is not obligatory for the janitor to be provided with a dwelling due to his duty. (1)

 

If the janitor is given a residence due to his duty, the residence must comply with the minimum conditions stipulated by the Zoning Law No. 3194 and the Municipal Zoning Regulations.

 

Rent cannot be demanded for the housing provided to the janitor due to his duty during the continuation of the employment contract.

Whether the caretaker will partially or fully participate in the water, electricity, heating and hot water expenses is determined by the contract.

The provisions of Additional Article 2 of the Condominium Law No. 634 shall apply for the evacuation of the caretaker's residence. Labor or collective bargaining in this regard

 

contractual rights are reserved.

 

SECTION FIVE Provisions Regarding Enforcement

 

Enforcement

Article l4 - This Regulation shall enter into force on the date of its publication.

Execution

Article 15 - The provisions of this Regulation shall be executed by the Minister of Labor and Social Security. _________

 

(1)With the decision of the Tenth Chamber of the Council of State dated 13/3/2007 and numbered E.:2004/6952, K.:2007/946, the provision "It is not obligatory to give housing to the janitor due to his duty." in Article 13 of this Regulation was canceled. Later on, the appeal against this Decision was rejected by the Decision of the Council of State Board of Administrative Appeals dated 17/9/2012 and numbered E.:2007/2123, K.:2012/1180 and the same Board dated 5/2/2015 and numbered E.: 2013/1692, K.: 2015/245 dated 5/2/2015 and E.: 2013/1692, K.: 2015/245 decided to reject the application for Correction of Decision.