Apartment Building Custodian Duties and Conditions: Comprehensive Guide
Apartment Building Custodian Duties and Conditions — Employing a custodian in apartment and site management creates significant legal obligations under the Labor Law and Condominium Ownership Law. In this guide, we cover the custodian's job description, working conditions, and the building management's responsibilities in detail.
What Are the Basic Duties of a Custodian?
The main duties of an apartment custodian (who may also serve as a boiler operator) include:
- Building Cleaning: Regular cleaning of stairs, landings, elevators, common areas, and entrance.
- Garbage Collection and Waste Management: Organizing garbage containers, recycling separation, and maintaining hygiene in the waste area.
- Boiler Room Operation: Operating the heating boiler, boiler maintenance, hot water system control, and fuel tracking.
- Garden and Environmental Maintenance: Garden watering, lawn mowing, tree and plant care, parking lot and environmental cleaning.
- Minor Repairs: Light bulb replacement, plaster-paint touch-ups, and fixing simple plumbing malfunctions.
- Security Checks: Monitoring building entrances and exits, tracking visitors, and performing night security rounds.
- Reporting to Manager: Informing the building manager about breakdowns, damages, and unusual situations.
Custodian Working Conditions
| Topic | Description |
|---|---|
| Working Hours | Usually 08:00-17:00, but can be flexibly arranged according to building needs. Work exceeding 45 hours per week is considered overtime. |
| Weekly Rest Day | The custodian must be given at least 1 uninterrupted rest day per week (usually Sunday). |
| Annual Leave | 14 days for 1-5 years of seniority, 20 days for 5-15 years, and 26 days for 15+ years of paid annual leave entitlement. |
| Custodian Apartment | Housing may be allocated to the custodian by the unit owners' board decision. The custodian apartment must be vacated when the employment contract ends. |
| Wage | Cannot be below the minimum wage. As of 2025, custodian salaries are set at or above the minimum wage. Additionally, fringe benefits such as fuel, electricity, and water may be provided. |
SGK and Labor Law Obligations
Employing a custodian in an apartment building creates employer status under Labor Law No. 4857. The building manager, as the employer's representative, must fulfill the following obligations:
SGK Registration: An employment entry declaration must be submitted to SGK no later than 1 day before the custodian starts work. Failure to register results in an administrative fine.
- Monthly Premium and Service Document: Must be regularly reported to SGK each month.
- Employment Contract: A written employment contract with the custodian is mandatory. The contract must clearly state the job description, working hours, wages, and fringe benefits.
- Severance Pay: In case of dismissal, severance pay equal to 30 days' gross wage for each full year of service must be paid.
- Notice Pay: Notice pay is required if dismissal occurs without observing the notice period.
- Occupational Safety: Ensuring a safe working environment and providing necessary protective equipment for the custodian is the building management's responsibility.
Important Risk: If SGK premiums are not paid or occupational safety measures are not taken, the building manager may be held personally liable. Criminal and legal sanctions may arise in the event of a workplace accident.
Dismissal of a Custodian
The custodian's dismissal is carried out by the unit owners' board decision. Except for justified termination grounds (misconduct, absenteeism, theft, etc.), severance and notice pay must be paid for employer-initiated termination. A separate eviction lawsuit may be required to vacate the custodian apartment.
Condominium Ownership Law No. 634 — Primary Reference: The Law No. 634 on Condominium Ownership, the constitution of apartment and site management, regulates unit owners' rights and obligations, management bodies' powers and responsibilities, common expense allocation, and general assembly procedures. The 2023 amendment through Law No. 7491 introduced ministry oversight, facilitated dues enforcement, and enabled digital meetings.
Advantages and Disadvantages of Employing a Custodian
| Advantages | Disadvantages |
|---|---|
| Building cleanliness and order are continuously maintained | Financial burdens such as SGK premiums, wages, and severance pay |
| Continuous security and oversight | Legal responsibilities arising from labor law |
| Immediate response capability in emergencies | Custodian apartment allocation and maintenance costs |
| Comfort and service quality for building residents | Legal risks in the dismissal process |
İmer Yönetim: With 20 years of experience in Mersin, we provide professional support in building personnel management, SGK processes, and labor law consultancy. 0533 406 88 08.
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