130 Cases of Joint Liability Arising from Occupational Accidents In the subcontracting relationship, joint liability is regulated only in the form that the principal employer is jointly liable with the subcontractor for the occupational accident suffered by the subcontractor’s employee. There is no regulation on the joint liability of the subcontractor and the principal employer as a result of the occupational accident suffered by the employee of the principal employer. The subcontractor performs the work in the workplace of the main employer. Considering that they share the same workplace, it is very likely that an occupational accident will occur as a result of the subcontractor’s failure to comply with the occupational health and safety obligations and that the employee of the principal employer will be harmed.48 In this case, the subcontractor who is at fault will be held liable to the employee of the principal employer according to the provisions of tort, since there is no employment contract between them. The main employer, on the other hand, will be obliged to compensate the damages of its employee according to the provisions of contractual liability due to breach of the duty of care. In this case, both employers, who are responsible for the same damage for various reasons, will be held jointly liable for the damage of the employee of the principal employer who is exposed to an occupational accident in accordance with Article 61 of the TBK.49 B. Temporary Labour Relationship 1. In General Temporary employment relationship is divided into two as professional and non-professional temporary employment relationship. This relationship is regulated in Article 7 of the İK, which was amended by Law No. 6715 in light of the European Union Directive no. 2008/104/ 48 Eren Yıldız, Asıl İşveren- Alt İşveren İlişkisinde İş Sağlığı ve Güvenliği Yükümlülükleri, Master Thesis, İstanbul 2019, p. 152. 49 Akın, p. 225; Yıldız, p. 153.
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