Outsourcing in Turkish Labor Law

Since the early 1980s, with the impact of the globalization and developments in technology, employers have abandoned the concept of organizing every part of the business by their own resources and a new business strategy has emerged which is called as outsourcing. Outsourcing can be defined as focusing on the core business by the employers and supplying the rest of the business from other employers. This definition is not a legal definition. Given the importance of the concept of outsourcing, the issue must be adressed from the aspect of labor law. There is not a definition of the outsourcing in the current regulations. Even in the doctrine the issue is not adressed in a definite way. When the applications of the outsourcing are analyzed, benefiting from the other employers' workers' services can be seen as the main feature. Accordingly, obtain a business which is done or will be done by the employer's own resources, by utilizing the other employers (nominal or real) workers services can be defined as outsourcing. Even there is not a definition of outsourcing in the regulations; it can be seen subcontracting, contract manufacturing, turnkey construction contract, temporary work, transfers of parts of businesses are in the scope of outsourcing. In this context, our study discuss the term of outsourcing and the institutions in the scope of outsourcing in the Turkish Labor Law.