YARGITAY KARARLARI IŞIĞINDA MUVAZAALI ALT İŞVERENLİK İLİŞKİSİ

Abstract

The principal employer-subcontractor relationship constitutes one of the most important and controversial topics in Labor Law. Although the subcontracting practice offers various advantages to employers such as cost savings, creating flexibility in the workforce, and utilizing external resources in areas requiring expertise; the fact that employers also resort to this relationship to evade obligations arising from labor legislation and to prevent workers from exercising their rights reveals the necessity of addressing the issue more comprehensively in Labor Law.

In our legislation, subcontracting is regulated in more detail in Labor Law No. 4857 compared to previous labor laws. The main reason for this is to prevent the malicious practices that arose by using this relationship in the previous period from being resorted to in the new period as well. Indeed, especially during the period when Law No. 1475 was in effect, the misuse of subcontracting by employers led the legislator to take measures to prevent the emergence of fraudulent practices. On the other hand, significant regulations related to the issue are also included in the Subcontracting Regulation.

In this study, the principal employer-subcontractor relationship will be examined based on the provisions of Labor Law No. 4857 and the Subcontracting Regulation, within the scope of doctrinal and practical views.