BUSINESS LAW (İŞLETME HUKUKU) - (İNGİLİZCE) Dersi Labour and Social Security Law soru detayı:
SORU:
Who is a subcontractor as per the Turkish Labour Act?
CEVAP:
It is a common practice where an employer (principal employer) delegates certain tasks within an establishment organization to another employer (subcontractor).
According to article 2/VI of the Labour Act, there are five criteria that shall be met in order to deem a relationship principal employersubcontractor relationship:
• Both the principal employer and the subcontractor shall be employers.
• The subcontractor shall be delegated with a task that is related to the production of goods and services rendered in the principal employer’s establishment.
• The work performed by the employees of the subcontractor shall be executed in the establishment of the principal employer.
• Only a part of the principalemployer’s work shall be delegated to the subcontractor.
• The employees of the subcontractor delegated to the principal employer’s work shall work exclusively in the principal employer’s establishment.