136 Cases of Joint Liability Arising from Occupational Accidents the transfer of a part of a workplace, it is not necessary that all of the conditions stipulated for the acceptance of the transfer by preserving the identity are present in the concrete case. For the transfer of a part of the workplace, the existence of the element that characterizes the economic integrity, i.e. the workplace, will be sufficient for the acceptance of the preservation of identity. For example, the transfer of machinery in workplaces where goods are produced or the transfer of only workers in workplaces where labour is important may constitute a transfer of the workplace.69 What is important here is that it is possible for the transferee to continue the same technical and economic activity and that the same activity will be continued by the transferee.70 This is because the activities carried out in the workplace must be continued by the transferee in order to talk about the transfer of a workplace in the technical sense.71 2. Joint Liability in Transfer of Workplace According to the Labor Law, in the event of a transfer of a workplace, the transferor and transferee employers are jointly liable for the debts arising before the transfer and due for payment on the date of transfer. However, the liability of the transferor employer ends two years after the date of transfer (Art. 6/3). As stated in the doctrine, the liability stipulated in the Law is a joint liability.72 The liability stipulated in the Law for the transferee is valid for the employment contracts existing in the workplace at the time of the transfer, i.e. those that have not expired. This limitation in terms of 69 Bkz. Orhan Ersun Civan, “Makineyle Birlikte İşçi Devri”, Prof. Dr. Savaş Taşkent’e Armağan, İstanbul, 2019, p. 993 et seq; Süzek, p. 197; For examples of workplace transfers, see also Ömer Ekmekçi/Esra Yiğit, Bireysel İş Hukuku Dersleri, On İki Levha Yayınları, İstanbul, 2020, p. 218. 70 Süzek, p. 196; On factors to be considered in assessing the conditions for the protection of identity, see Alpagut, p. 49 et seq. 71 Ali Güzel, İşverenin Değişmesi- İşyerinin Devri ve Hizmet Akitlerine Etkisi, Doçentlik Tezi, İstanbul, 1987, p. 82; Özkaraca, p. 22; Kübra Doğan Yeniset, İş Hukukunda İşyeri ve İşletme, Legal Yayıncılık, İstanbul, 2007, p. 213; Alpagut, p. 48. 72 Ercüment Özkaraca, İşyeri Devri Halinde İşverenlerin Hukuki Sorumluluğu (Hukuki Sorumluluk), İş Hukukunda Üçlü İş İlişkileri, Kadir Has Üniversitesi Sempozyumu, İstanbul, 2009, p. 178; Süzek, p. 198; Yarg. 9. HD, 15.10.2010, E. 2008/377249, K. 2010/29226, (www.lexpera.com, AD. 7.11.2021); Özkaraca, Hukuki Sorumluluk, p. 178.
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