07 Nov Matters To Be Found In The Sub-Employer And Sub-Employer Contract
A person who takes work in auxiliary work related to the production of goods or services carried out by an employer in the workplace, or in a part of the actual work that requires expertise for technological reasons, as well as the requirements of the business and work, and works only in the work that he receives in this workplace, is called a sub-employer-subcontractor.
However, the Labor Law No. 4857 limited the relationship between the principal employer and the subordinate employer. By continuing to employ employees of the main employer, their rights will not be limited, or it will not be possible to establish a relationship with the sub-employer with someone who previously worked in this workplace.
Otherwise, the employees of the sub-employer will be treated as employees of the main employer from the beginning, assuming that the relationship between the main employer and the sub-employer is based on muvazaali processing. Apart from jobs that require expertise for technological reasons, the actual work cannot be divided and given to sub-employers.
In a workplace, if a job that requires expertise for technological reasons is given to a sub-employer, the sub-employer must include a list of work equipment, a work completion certificate, operator and technical employee certificates that are suitable for work under the contract in order to certify its expertise.
Matters To Be Found In The Sub-Employer Contract;
Sub-employer contract
a)the name and address of the workplace of the main employer and the sub-employer,
b)the name and address of the employer’s Representatives, if the principal employer and the sub-employer are legal entities or institutions and organizations that do not have legal entities,
c) What is the actual work carried out in the workplace?,
d) What is the job given to the sub-employer related to,
d)If a part of the actual work is given to the sub-employer; technical explanation of the condition that the given work requires expertise for technological reasons, as well as the requirement of the business and work,
e)if it is regulated by the parties, the start and end dates of the work,
f) in which part of the workplace the activities of the sub-employer will be carried out,
(d)the principal employer shall be liable to the employees of the sub-employer for their obligations arising from the law, employment contract or collective bargaining agreement to which the sub-employer is a party in relation to that workplace, together with the sub-employer,
D) if workers employed by the main employer before the conclusion of the sub-employer contract are hired by the sub-employer, the rights of these workers cannot be restricted,
H) principles of execution of the work given to the sub-employer from the point of view of the parties,
(I) the signature of the principal employer or his / her agent and the sub-employer or his / her agent must be included in his / her matters.
As for the fine for muvazaali contracts, the sub-employer is obliged to notify the Regional Directorate of the Ministry of Labor and Social Security with the written sub-employer Agreement and the necessary documents that it receives from the main employer for the registration of its workplace. 11,200 separately to the main employer and sub-employer or their proxies who inform the workplace as muvazaali.- TL administrative fine will be issued under the regulation.
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