126 Cases of Joint Liability Arising from Occupational Accidents II. JOINT LIABILITY ARISING FROM OCCUPATIONAL ACCIDENTS A. Principal Employer - Subcontractor Relationship 1. Principal Employer - Subcontractor Relationship in General Subcontracting is regulated in paragraph 6 of Article 2 of the Labour Law. In addition, the Regulation on Subcontracting34 has been put into force in order to provide more detailed regulations. A subcontracting relationship is defined as the relationship between the employer who hires workers for auxiliary works related to the production of goods or provision of services in his/her workplace or for works that require specialization due to the necessity of the work, the business and technological reasons, and employs his/her workers assigned for this work exclusively for this workplace, and the employer from whom the work is received (Art. 2/6). As can be understood from the definition of subcontracting, in order for a relationship to be considered a subcontracting relationship, there must be two employers who employ workers at the workplace. The subemployer must be performing the work received from the principal employer at the principal employer’s workplace. A part of the goods produced or services provided at the workplace or an auxiliary work must be transferred to the sub-employer. The main work transferred to the subcontractor must be a work that requires specialization due to business requirements and technological reasons. The sub-employer must have dedicated a group of workers to this work, in other words, the sub-employer must not employ the same workers at other workplaces (Art. 2/6). The condition of requiring specialization for technological reasons will only be required for the subcontracting of the main work by dividing it, and no similar condition will be required for auxiliary works.35 Article 2/6 of the Labour Law provides the definition and conditions of subcontracting, and Article 2/7 provides the presumptions of 34 RG, 27.09.2008, 27010. 35 Münir Ekonomi, “Asıl İşveren Alt İşveren İlişkisinin Kurulması ve Sona Ermesi”, Türk İş Hukukunda Üçlü İlişkiler, Legal Vefa Toplantıları (II), Prof. Dr. Nuri Çelik’e Saygı, March 2008, p. 48.
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