Turkish Labor Law
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The person who takes a work that requires specialization in auxiliary works or in some part of the main work because of technological reasons or as necessity of work related to the product or service production at the work place and assigns his workers employed for that work only to the work he has take is called as subcontractor.
The work that requires specialization as necessity of the work and establishment is one of the obligatory elements of the product or service production that requires a separate specialization other than the own specialization of the establishment.
The employer has to make a product or service production by means of his own employees and management organization. However, the main work can be given to the subcontractor only if the following conditions occur together;
a)It will be the necessity of work and establishment,
b)It requires specialization because of the technological reasons. For instance, the works such as security, catering, cleaning, packing and transportation will be given to the subcontractor.
The person who takes some part of the main work can not assign the work to another employer by dividing the work. In order the main employer and subcontractor relation can be established, the following conditions must occur;
a)At the workplace of the main employer, there must be his own employees who work for the product or service production.
b)The work given to the subcontractor must be one of the auxiliary works of the product or service production. In case the main work is given to the subcontractor by being divided, the work must be work that requires specialization because of technological reasons and as necessity of the work and establishment.
c)The subcontractor must assign his employees employed for the work only to the work he has taken.
d) The work given to the subcontractor must be a work related to the product or service production carried out at the workplace that is connected to the main work and it must continue as long as the main work is carried out.
e) The subcontractor must not be a person who was previously employed at that workplace. (However, if the employee who was previously employed at that workplace is a legal entity or a partner of any ordinary partnership, this situation will not prevent him to establish a subcontractor relation.)
The subcontractor agreement is made between the subcontractor and main employer in writing. In the subcontractor agreement, the followings are included;
a)The workplace title and address of the subcontractor and main employer,
b)The legal entity status of the subcontractor and main employer or if they are an institution or establishment, names, surnames and addresses of the proxies of the employer,
c)The type of the main work carried out at the workplace,
d) The type of the work given to the subcontractor,
e) If some part of the work will be given to the subcontractor; technical explanation related to the condition of requiring specialization because of the technological reasons and as necessity of the work and establishment.
f) Work commencement and ending dates if agreed by the parties,
g) At which department the subcontractor will realize his activities;
h) The main employer, together with the subcontractor, will be responsible against the employees of the subcontractor for the law, labor agreements related to the said workplace or obligations resulting from the collective labor agreement the subcontractor is a party,
i) In case the employees employed by the main employer before the subcontractor agreement is made are employed by the subcontractor, the rights of these employees will not be restricted.
j) The principles of carrying out the work given to the subcontractor from the point of parties,
k) Signatures of the main employer or his proxy and the subcontractor or his proxy.
In case a work that requires specialization because of technological reasons and as necessity of the work and establishment is given to a subcontractor , the work equipment list in conformity to the work in the agreement, work completion certificate and certificates of the operator and technical staff are affixed to the agreement to document the specialization of the subcontractor.
