What are the conditions that the parties must meet in order to establish this agreement?
- Real or legal persons who are qualified as the principal employer must have their own workers employed in the production of goods and services.,
- The work assigned to the subcontractor must be either auxiliary work or must be within the scope of the part of the main job that requires expertise,
- Subcontractor must employ their workers only in the job of the principal employer,
- The scope of activities to be carried out by the sub-employer must be of a continuing nature as long as the actual work continues.
- The subordinate employer cannot have previously worked as the employee of the principal employer. This will cause problems in establishing a sub-employer relationship.
What Are The Qualifications Of The Subcontractor Agreement?
The subcontractor agreement, which is necessary to establish the relationship between the subcontractor and the principal employer, is an agreement regulated by law and which shall be deemed invalid if it does not have certain qualifications. Therefore, when establishing a subcontractor agreement, you must ensure that the following matters are included in the contract.
- Workplace title and address of both the principal and the subcontractor,
- If at least one of the parties is a legal person, legal entities; 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,
- Work start and end dates, if already determined,
- Where to perform the activities of the subcontractor,
- The principal employer shall share responsibilities with the workers employed by the subordinate employer.,
- Principles of the work to be carried out by the subcontractor,
- The signatures of the principal and sub-employer or their surrogates must be found.
What Are the Responsibilities Of Subcontractor?
The subcontracting agreement that emerges when the subcontractor and the main employer relationship is established causes the subordinate and principal employers to be jointly responsible. More specifically, if an assignment that is required by law to be fulfilled by the original employer is not carried out, this time it will be in the sub-employer who has been awarded the sub-employer title with the responsible sub-employer contract. The most common situation at this point is that SSI premiums are not paid, or salaries are not paid.
In case of an occupational accident or occupational illness, the worker may make claims to both the subordinate employer and the principal employer. Since the liability here applies to both parties, it shall not affect the outcome of the application to the subordinate or principal employer.
Although the relationship between the subordinate and the principal employer is established by a contract, possible disputes and irregularities can be controlled not only through the agreement but also in actual practice. Therefore, it is important for the lower and principal employers that the payroll service and other related activities are carried out meticulously.