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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:

Custodian Working Conditions

TopicDescription
Working HoursUsually 08:00-17:00, but can be flexibly arranged according to building needs. Work exceeding 45 hours per week is considered overtime.
Weekly Rest DayThe custodian must be given at least 1 uninterrupted rest day per week (usually Sunday).
Annual Leave14 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 ApartmentHousing may be allocated to the custodian by the unit owners' board decision. The custodian apartment must be vacated when the employment contract ends.
WageCannot 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.
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

AdvantagesDisadvantages
Building cleanliness and order are continuously maintainedFinancial burdens such as SGK premiums, wages, and severance pay
Continuous security and oversightLegal responsibilities arising from labor law
Immediate response capability in emergenciesCustodian apartment allocation and maintenance costs
Comfort and service quality for building residentsLegal 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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