Labor Code Art.2/6-7 regulates the relationship between the main employer and the subcontractor. The subcontractor worker may also claim rights from the main employer under certain conditions.
Definition of Subemployer
"Another employer who receives work from an employer in auxiliary works related to the production of goods or services carried out in the workplace or in a part of the main work that requires expertise for technological reasons due to the requirements of the business and the work, and employs the workers assigned for this job only in the job they have taken in this workplace..."
Sub-employer Liability
The main employer and the sub-employer, The subcontractor is jointly and severally liable to its workers. In other words, the employee can claim his receivables from both of them.
Detection of Collusion
If the subcontracting is colluded, all subcontractor workers are considered employees of the main employer. False subcontractor relationships should be avoided.
Presumptions of Collusion
- The subcontractor works only for this main employer
- The main employer's machinery and materials are used
- The management of the workers is done by the main employer
- The subcontractor legal entity is "on paper"
Supreme Court 9th HD and 22nd HD
9. HD accepts that when collusive subcontracting is detected, the worker will be deemed to be "an employee of the main employer from the beginning", and the seniority period is with the main employer throughout the entire period.
Labor law lawyer is recommended.