The relationship between the main employer and sub-employer in Turkish Labor Law

Although subcontracting practices are subject to legal regulations in Turkish Law as of 1936, they have reached their final form with the amendments aimed at eliminating the problems arising in practice. Necessary conditions for establishing subcontracting institute, restrictions and sanctions of the subcontracting relationship established against the law have been regulated with Labor Law No. 4857 and subcontracting regulation. In addition to regulating joint responsibility of both employers to guarantee sub employer rights, the fact that public institutions and organizations have a privileged position in case of employing the sub-employer has created a distinction between public and private sector in subcontracting practice. This distinction of public enterprises has resulted in the sub-employer's inability to exercise the rights of the workers arising from the labor contract and collective bargaining agreements. In our study, problems caused by subcontracting practice have been tried to put forward examining the concept of subcontracting in Turkish Labor Law, elements of relationship between main employer and sub-employer and joint responsibility in subcontracting institution. Keywords: Worker, Employer, Subcontractor, Principal Employer, Joint Liability.