Assignment of a part of the main activity in the principal employer-subcontractor relationship

A principal employer-subcontractor relationship is the relationship established between an employer and the other employer, which takes work from another employer in the auxiliary tasks related to the production of goods or services carried out in the workplace or in a part of the main activity that requires specialization due to the requirements of the enterprise and work and technological reasons, and employs its employees assigned for this work only in this workplace. Accordingly, in order for a part of the main activity to be subcontracted, the work to be subcontracted must be a work that requires specialization due to the requirements of the enterprise and the work and technological reasons. It has been discussed in the doctrine whether the condition in question should be understood as divisible or as a whole. This regulation, which aims to limit the practice of subcontracting, which should be an exceptional method, has not achieved its purpose in practice, and the practice of subcontracting has gradually increased in our country. Within the scope of this study, the nature and purpose of this condition is discussed in detail, and whether the said condition can be applied in public workplaces is examined in detail in the light of the opinions in the doctrine and judicial decisions. In this context, it is also tried to produce solution suggestions in terms of the law (de lege ferenda).