Implementation of contracting in the relationship between primary employer and sub-contractor

In this study, the issue of whether the practices of the main employer, while eliminating the responsibilities arising from laws and regulations, constitute a collusion in the relationship between the main employer and the sub-employer, which also finds application in our country, is discussed. Even while adding the collusion phenomenon to the draft law, the legislator foresees the problems that may arise from the subcontracting relationship and has included provisions that may constitute collusion in this regard. As a matter of fact, considering the situations experienced in practice, it is seen how important these regulations are. Another purpose pursued in the creation of these provisions is to protect the rights of the legislator who is economically and socially weak. This protection is also arranged for the worker who is in a subcontractor relationship, as in every field. The law and regulation clearly regulate which rights a worker who has two employers in a subcontractor relationship will request from which boss, and which legal remedies these bosses will take when they reject their demands. The important thing for the worker is to do the job that comes his way and earn a living. The main employer is not concerned with whether the sub-employer relationship is legal or contrary to the law. If the worker can get his rights, he is happy, socially and economically secure. All kinds of events and situations that occur outside the will of the worker and are against the worker should be regulated by the legislator and the worker's security should be provided. In this study, the subcontractor relationship; definition, elements, establishment and control; The sanction of the subcontractor relationship established in violation of the law has been processed.