Rights of the Apartment Doorkeeper and Employer Duties

Employing a doorkeeper (kapıcı) in an apartment or complex places important employer responsibilities on the management. Lack of knowledge on this subject often leads to legal problems and serious financial burdens. In this guide we explain the rights of the apartment doorkeeper and the management's obligations as employer, based on the Labour Law and the Residential Doorkeepers Regulation.

The doorkeeper is an employee, the apartment is the employer

The basic legal position is this: The apartment doorkeeper is in the status of an employee and is subject to the Labour Law. The unit owners, in turn, are in the position of employer. The relationship between the doorkeeper and the apartment is therefore evaluated under Labour and Social Security Law. This means the doorkeeper has all the rights granted by the Labour Law and the apartment carries the employer's obligations. The doorkeeper's services are regulated by the Residential Doorkeepers Regulation issued under Article 110 of the Labour Law.

Written employment contract mandatory

A service (employment) contract must be made between the doorkeeper and the apartment. Under the Labour Law, employment contracts with a duration of one year or more must be made in writing. The contract should include the parties' details, start date, work to be performed, basic wage and additions, method of payment, working hours and any specific provisions. A written contract protects the rights of both the doorkeeper and the management and prevents future disputes.

Insurance (SGK) is mandatory

One of the most critical obligations is insurance. Because the doorkeeper is in the status of an employee, SGK (Social Security Institution) insurance must be provided. The management must register the doorkeeper's insurance entry with the SGK and pay the premiums regularly. Employing a doorkeeper without insurance has serious legal and financial consequences. Paying the insurance premiums is the personal responsibility of the manager; it is therefore a matter that cannot be skipped.

Working hours and leave

The doorkeeper's working conditions are also set by law:

• Working hours: Generally 45 hours per week; may be reduced by contract.
• Rest breaks: Not counted as working time.
• Weekly rest day: There is a right to a weekly rest day under the Labour Law.
• Annual leave: The doorkeeper's right to annual paid leave is determined under the Labour Law.
• Public holidays: The rules for working on national and public holidays apply.

Severance and notice pay

The doorkeeper has the rights of severance pay and, when conditions arise, notice pay, granted by the Labour Law. This is an important financial matter for the management: when the doorkeeper leaves after many years of work, the accumulated severance pay can reach a significant amount. To prevent this burden from suddenly falling on the current unit owners, setting aside a regular provision for severance pay each month is a wise practice. Otherwise, when the doorkeeper leaves, a large financial burden and dispute may arise.

Doorkeeper's housing (staff apartment)

In many apartments, a residence (apartment) is allocated to the doorkeeper. A service relationship is presumed between the apartment and the person who both lives in the doorkeeper's housing and works as the doorkeeper. When the doorkeeper leaves the job, the housing must be vacated; this eviction is carried out under Additional Article 2 of the Condominium Ownership Law. Under the zoning regulation, having a doorkeeper's apartment may be required in buildings above a certain number of units.

Wages and expenses are met from the dues

The doorkeeper's wages, insurance and other expenses are met from the apartment dues. Under the law, the doorkeeper expense is shared among the unit owners equally (KMK Art. 20). Minimum wage increases directly affect the doorkeeper expense and thus the dues. The management should therefore anticipate the doorkeeper cost in budget planning and follow up minimum wage changes.

Summary

The apartment doorkeeper is in the status of an employee; the unit owners are the employer. The management is responsible for making a written employment contract, providing SGK insurance, respecting working hours and leave rights, and meeting the obligation of severance/notice pay. The eviction of the doorkeeper's housing falls under the Condominium Ownership Law Additional Art. 2. Expenses are met from the dues (equally). Setting aside a regular provision for severance pay is wise.

Tracking personnel expenses, insurance and severance provisions manually is complex. Apt Yönet keeps personnel expenses and regular provisions on record, providing the management with foresightful and transparent employer management.

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Frequently Asked Questions

Is the doorkeeper's insurance mandatory?

Yes. Because the doorkeeper is in the status of an employee, SGK insurance is mandatory; premiums must be paid regularly.

Is a written contract with the doorkeeper required?

Employment contracts with a duration of one year or more must be made in writing under the Labour Law.

Does the doorkeeper have a severance pay right?

Yes. Under the Labour Law there is a right to severance pay; setting aside a regular provision is recommended.

How is the doorkeeper expense shared?

The doorkeeper expense is shared equally among the unit owners and met from the dues (KMK Art. 20).

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.