Building caretakers, also referred to as apartment attendants or site caretakers, are workers engaged in the maintenance, security, cleaning, and minor repairs of the residential property where they are employed. Their duties often include tasks such as tending heating systems, performing small-scale repairs, and assisting residents with errands related to the property.

Legal Status of Building Caretakers

Although the Labour Law No. 4857 and related regulations do not mandate that residential buildings must employ a caretaker, the Zoning Law No. 3194 and its implementing regulation require that residential buildings with more than 12 units include a caretaker's dwelling within the property.

Under Labour Law Article 110, detailed rules regarding caretakers' scope of services, working hours, weekly rest, national holidays, annual leave entitlements, and provision of a caretaker's residence are to be regulated by a separate Caretakers Regulation to be promulgated by the Ministry of Labour and Social Security.

Caretaker Employment Agreements

A service relationship exists between the caretaker and the property management (often the condominium owners or their representative) when the caretaker residing in the caretaker's flat also performs caretaking services. According to Turkish Court of Cassation case law, this relationship constitutes an employment relationship, and a service contract must be executed accordingly.

Under Turkish Labour Law, employment contracts that are intended to last one year or longer must be concluded in writing. If a written contract is not made, the employer must provide the caretaker with a written document outlining the general and specific terms of employment — such as work hours, base wage, pay period, employment start date, and termination terms — within two months from the start of work.

Working Hours and Rest Periods

Under Labour Law provisions, the maximum weekly working time is 45 hours. Even though the nature of a caretaker's duties may differ from typical industrial employment, the general framework of the Labour Law still applies, and any rest breaks are not counted as working time unless otherwise agreed.

Wages, Paid Leave, and Holidays

Caretakers are entitled to wages under the Labour Law, and the determination of weekly rest, national holidays, and annual paid leave is governed by general labour rights provisions. If the employment contract specifies work during national or official holidays, the caretaker is entitled to holiday pay under Labour Law Article 47.

Importantly, wages paid to a building caretaker generally cannot be less than the statutory minimum wage, and they must be paid on time, with remedies available to the employee if payment is delayed.

Social Security and Insurance

Caretakers must be registered with the Social Security Institution (SGK) from the start date of employment. The property owners or their designated representative (e.g., the building manager) are responsible for submitting the employment notification and ensuring timely social security registration.

Severance and Notice Pay

Under current Labour Law provisions, caretakers may be eligible for severance and notice pay upon termination of the employment relationship. The responsibility for payment generally lies with the property owners as the employer. Failure to pay lawful entitlements may give rise to legal claims by the employee.