146 Cases of Joint Liability Arising from Occupational Accidents deprived of his/her support may claim compensation for deprivation of support. In addition, in the event of severe physical damages or the death of the worker, the relatives of the worker who suffered and heard the pain and suffering of the worker may also claim non-pecuniary compensation. In labour law, subcontracting relationship, temporary employment relationship, transfer of workplace and transfer of employment contract are referred to as tripartite relationships. The legislator has included joint liability provisions in order to protect the workers in labour relations where tripartite relationships are in question. As a matter of fact, the principal employer is jointly liable together with the subemployer for the labour receivables of the sub-employer’s employee (art. 2/6 of the İK). Again, it is regulated that the transferor and transferee employers will be jointly liable for the wages, supervision obligation and social insurance premiums of the worker in the temporary employment relationship (Art. 7/15 of the İK). Again, in the transfer of the workplace, the transferor and transferee employers are held jointly liable for the debts arising before the transfer for a period of two years. Unlike other tripartite employment relationships, the Law does not provide for an explicit joint liability provision in the transfer of an employment contract. However, in line with the dominant opinion in the doctrine and the jurisprudence of the Court of Cassation, the two-year joint liability provision in the transfer of the workplace is applied by analogy to the transfer of the employment contract, and both employers are held liable for the debts arising from occupational accidents that occurred on a date prior to the transfer. Unlike the temporary employment relationship established for the purpose of employing workers in another workplace within the holding or in another workplace affiliated to the same group of companies, the Law does not include a provision stipulating that the temporary employer shall be jointly liable with the private employment agency for the breach of the duty of care. Therefore, as a rule, it is not possible for the employee to claim from the temporary employer the damages incurred as a result of an occupational accident while working for the temporary employer. However, if the occupational health and safety
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