POINTS TO CONSIDER IN SUB-EMPLOYING PRACTICE

Authors : Mehmet Saim ASCİ

Pages : 171-174

Doi:10.17261/Pressacademia.2019.1087

View : 13 | Download : 8

Publication Date : 2019-07-30

Article Type : Research Paper

Abstract :Purpose- This work focuses on both the legal limitations of the sub-employing practice and joint responsibility, which is one of the most important elements of the relationship between the primary employer and sub-employer; and also, the obligations deriving from crossing the limits in the sub-employing practice. Methodology- In order to achieve this purpose, regulations regarding the implementation of Labor Law no. 4857 and Sub-Contracting Regulations were examined and legal limitations on the implementation were evaluated. Findings- It was observed in the literature review and the evaluation of related judicial decisions that the legal regulation aimed to propose a solution for the issue but there were still some gabs in the implementation. Conclusion- It was identified that only legal regulations would not be enough to solve the problems in subcontracting practices, that the authorities both in public sphere and in business managements were required to audit the practices in order to prevent the practices which  would cause unfair competition and to perform the legal liabilities.
Keywords : Primary employer, sub employer, joint responsibility, collusion