Yüksek LisansAçık Erişim

The sub employer in The Law of Turkish Labour

2010
0 görüntülenme
0 i̇ndirme
Danışman: Prof. Dr. Hamdi Mollamahmutoğlu

Özet (EN)

?The Sub-Employer(subcontractor)? is one of the newest society, which has joined in the ?Law Association of Labour? as a result of the rapid devolopments in labour life and the change that brings this because of the need of helping one another and becoming an expert at work. ?The Sub-Employer(subcontractor)? association, which finds a vast area to be put into practice in a short time, needs to be rearranged in the laws of the land, because of both of the reasons that it is as an exceptional application. and it is the main thing in the ?Law of Labour that an employer wants to work with his own employees and his own organization.?The Sub-Employer(subcontractor)? association that came into the laws as a concept was at first legalized in 1936 with the Labour Law no. 3008 and it was changed several times, finally, it is changed last time with the Labour Law no. 4857. With the last change, however, it is wanted to prevent the misuses in the application by the convictions of The Supreme Court, some topics are still under debate, in addition, ?The Sub-Employer Associations? are not under question, even in the Collective Labour of Law.In the First Part of this work, at first, the conception of ?The Sub employer(subcontractor)? is carefully studied as a research subject, then legal arrangements are mentioned related to the lawIn the second part, the illegally establishing the sub employer(subcontractor) relationship and along with, the work is lasted with the comparison of the other threesome relations with the sub-employer(subcontractor),In the third part which is last, in the sub-employer(subcontractor), the conflicts caused by the relations with the sub-employer(subcontractor) and collusion are examined.In the end, it is changed fundamentally last time with the Labour Law no. 4857, however, because of some arrangements are still under debate, and so, there is no chance of change in the Collective Labour of Law, so, it shows that legal arrangements are not enough. Thus,this situation brings many problems together in the principal employer(contractor)- sub employer(subcontractor) relationship. In order not to be misused the application of ?The Sub-Employer(subcontractor) Association?, it is absolutely necessary to apply the new regulations companseting for the gaps related to the subjects that are under debate and which is in parallel with ?The Collective Labour of Law?.

Yazar

Dr. Ahmet Coştu

Kurum

Bu Yayına Nasıl Atıf Yapılır

Ahmet Coştu (Master Thesis). The sub employer in The Law of Turkish Labour, 2010, Gazi University.

Lisans

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