What is a Subcontractor? What are the benefits?
Expressed as a subcontractor or contractor in daily life, the institution was actually defined as a sub-employer by the Labor Law No. 4857. In this law, the sub-employer; are those who assign a certain part of the main job of the employer to the business or related part of the main job that requires expertise. Persons identified as sub-employers are obliged to employ the workers they employ only in the area where the businesses assign them. The main and auxiliary business concepts used in defining the subcontractor are the concepts that need to be explained in terms of understanding the subject.
The main job is; The auxiliary job is defined as the jobs that require expertise in transactions that are the main field of activity of the enterprise and which exceed the operational possibilities; It refers to the works that are related to the main field of activity of the business but are not realized within the organization of the business.
The emergence of the concept of subcontractor has been realized in order to provide specialization in business areas and to undertake different jobs by other enterprises. Subcontracting institution, which has entered the Labor Law over time and is one of the important parts of working life; It was also used for the purpose of avoiding some of the obligations brought by the SSI. Sub-employer entered the Turkish legal system for the first time in 1936 thanks to the Labor Law numbered 3008; today, it constitutes a very serious area with its scope and regulations.
How to Build a Subcontractor Relationship?
Some conditions must be met in order to establish the relationship between the subcontractor and the main employer. In case the conditions are fulfilled, it officially provides the establishment of the relationship by signing an agreement called "Subcontracting Agreement" on behalf of the parties. So, what are the conditions that the parties must meet in order to establish this contract?
• Real or legal persons qualified as main employers should have their own workers employed in the production of goods and services,
• The job given to the subcontractor must be either an auxiliary job or be within the scope of the expert job that requires expertise,
• Sub-employers should employ their workers only in the work of the principal employer,
• The scope of the activities to be carried out by the sub-employer should be of an ongoing nature as the main job continues,
• The subcontractor has not previously worked as the employer of the original employer. This situation will create problems in establishing the subcontractor relationship.
What are the Qualifications of the Subcontracting Agreement?
The subcontracting agreement required to establish the subcontractor and primary employer relationship; It is an agreement which is regulated by law and will be deemed invalid if it does not have certain qualifications. For this reason, you should make sure that the following issues are included in the contract when establishing a subcontracting contract.
• Workplace title and address of both the principal and the subcontractor,
• Legal entities if at least one of the parties is a legal person; if they are real persons, name - surname and address information,
• Description of the main job,
• The scope of the work transferred to the subcontractor,
• Explanation stating that the work requires technological expertise if a certain part of the work will be given,
• If it has been determined before, the start and end dates of the work,
• Where the subcontractor will carry out its activities,
• The main employer; will be responsible for the responsibilities related to the workers employed by the subcontractor,
• Principles of the work to be carried out by the subcontractor,
• Signatures of the principal and subcontractors or their representatives must be present.
What are the Responsibilities of Subcontractors?
The sub-employer contract that emerges when the sub-principal employer relationship is established causes sub-principal employers to be jointly responsible. More specifically, if an assignment that is required to be fulfilled by the principal employer is not carried out by law, this time it will be in the subcontractor who has become the subcontractor with the responsible subcontracting agreement. The most common situation at this point is that SSI premiums are not paid or salaries are not paid.
In the event of a work accident or occupational disease, the worker can make requests to both the sub-employer and the main employer, if it is looked at by the worker. Since the responsibility here applies to both parties, the application will not affect the outcome of the subordinate or principal employer.
Although the subordinate and actual employer relationship is established by a contract, possible disputes and irregularities can be audited not only over the agreement but also de facto. For this reason, it is important for subordinate and primary employers that payroll service and other related activities are carried out meticulously.
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