142 Cases of Joint Liability Arising from Occupational Accidents to consent to the transfer, the employee cannot be expected to make a free decision and to have the correct belief that his/her rights are secured in every situation. For this reason, we believe that it would be more appropriate for the establishment of justice to hold the transferor employer jointly liable for the debts arising before the transfer. In its decisions, the Court of Cassation applies Article 6/3 of the İK regarding the joint liability arising from the transfer of the workplace by analogy.91 However, in terms of the law, it is necessary to include a clear provision of law regarding the joint liability of the transferor and transferee employers in the transfer of the employment contract, just as in the transfer of the workplace.92 This practice is incompatible with the nature of the transfer of the contract regulated under Article 205 of the TBK. Both employers will be jointly liable for damages arising from occupational accidents, as well as other labour receivables arising prior to the transfer of the employment contract, for a period of two years. Only the transferee employer will be liable for occupational accidents occurring after the transfer of the employment contract. Unlike subcontracting and temporary employment relationship, since the employee is not in the workplace of more than one employer or does not work under the orders and instructions of another employer, even temporarily, it will not be possible, as a rule, for joint liability to arise within the scope of Art. 61 of the TBK as a result of the existence of joint fault. This is because the transfer of the employment contract does not create a permanent relationship between the transferor and the transferee employers, and the employer, who is the transferor of the tripartite relationship at the time of the completion of the transfer, completely leaves the relationship. III. SCOPE OF JOINT LIABILITY Neither the Labour Law nor the Occupational Health and Safety Law regulates the receivables that fall within the scope of the employer’s liability arising from occupational accidents. Therefore, the 91 Yarg. 9. HD, 26.03.2018, E. 2018/2403, K. 2018/6275, (www.lexpera.com, AD. 09.11.2021). 92 Özkaraca, Sözleşmenin Devri, p. 141.
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