BUSINESS LAW

Department of Computer Engineering

RELATION BETWEEN EMPLOYER &

SUB CONTRACTOR and ITS EFFECT
on EMPLOYEE

by

Hakime ÖZTÜRK

İzmir -2010
CONTENTS
1.INTRODUCTION

2.CONCEPTS
A.What is an Employer?

B.What is a Subcontractor?

C.What is an Employee?

3.RELATIONS
A.Reasons & Results : Subcontractors

B. Relations of Concepts

B.1. Restriction in the relationship between Employer and Subcontractor

B.2. Responsibility of Employers to Subcontractor’s Workers

4.CONCLUSION

5.SOURCE
1.INTRODUCTION
This article is about to increase knowledge of business law, with most common
concepts and topics we will face.

Aim is learning about terms; employer, subcontractor and employee and having a
closer view about common relationships between these.

We may be in any position above these in future, so let’s get more.

2.CONCEPTS

A.WHAT IS AN EMPLOYER?

Legal entity that controls and directs a servant or worker under an express or implied
contract of employment and pays (or is obligated to pay) him or her salary or wages in
compensation.

B.WHAT IS A SUBCONTRACTOR?

A subcontractor is a person or a company hired by a general contractor to perform

part of the work of a construction job.

For example, a contractor might be building a house, but might hire a firm or a
person specializing in electrical engineering to install the electrical systems needed in the
house. Generally the subcontractor will either relieve the main contractor of part of the
building work, or will be able to perform work at lower expense or at a greater skill level
than the general contractor could.

C.WHAT IS AN EMPLOYEE?

Individual who works part time or full time under a contract of employment, whether
oral or written, express or implied, and has recognized rights and duties. Also called worker.

Workers' and employers' association, the workers covered by the recognized legal rights
and human rights. Labor unions, collective bargaining and to strike at the initiative of
members to obtain higher wages and better working conditions to be entitled to provide.
United Nations to support workers' rights in the Universal Declaration of Human Rights
has added two items.
3. RELATIONS

A.REASONS & RESULTS : SUBCONTRACTOR

For subcontractors, main reasons for entering working life ,in the view of the main
employers in terms of additional investment without doing so to increase capacity, ensure
the reduction of labor costs (cheaper labor employment) and in this way is to create the
chance for competition. Another reason for workplace unionization, collective bargaining
rights of workers directly in the field of law and freedom is the goal of elimination.

This case, workers at workplaces subcontractor running the spread of extraordinary

size, fragmentation of the labor market, unions the right to collective bargaining has led to
the arrival unavailable.

Another important reason is, with the way to give some work to the subcontractors,
who have worked in artificial form ,it is possible to reduce the number of workers.
Therefore, the scale depends on a number of establishments liability as well (eg, job
security, disability, former prisoners and victims of terror run, collective removal workers,
opening the canteen, establishment of lactation rooms and nurseries, workplace and
occupational safety specialist physicians possession, possession of sports facilities and
coaches to set up, the number of employees at work thirty download under the provisions of
job security, etc. to get rid of. obligations), an elimination and is used as a tool.

As a result, lower employer applications, unregistered employment, in industrial

relations, one of the main reasons has been rapidly spread of a new culture.

B.RELATIONS OF CONCEPT(ACCORDING TO LAW)

Employers and subcontractors both required to run workers. Subcontractor to go

elsewhere for other employers, workers often take jobs when they are not hiring new
workers. Hence the lower the employers, without the legal rights of workers when they go,
the rights of workers and subcontractors find very difficult to obtain.
 B.1.Restriction in the relationship between Employer and Subcontractor

The actual relationship between employers and subcontractor, in order to prevent

abuse in employment law has certain limitations.

In this arrangement, the two paths were followed. The actual employer - the legal
definition of a detailed sub-employer relations as did, in what circumstances the law will be
considered in terms of sub-employer relationship at least to debate was arranged to allow.
Moreover, for purposes other than those in the lower area of employee relations come to
the point of application of the law has stated in the grounds.

One of these limitations, "subcontractor may not be established relationship with

anyone who worked there before "(Law No. 4857, article: 2 / 7)

Another is, "In the case of run of the employer's workers by the subcontractor,
workers rights can not be restricted. (Law No. 4857, article: 2 / 7). "

The reason for bringing this article, actually a piece of employers with workers will be
transferred to the employer of these workers lower wages and fewer benefits of the
removal of all or part of the work is to.

B.2.Responsibility of Employers to Subcontractor’s Workers

Legislators to lower the employer's workers lack adequate assurance on the

subcontractor's workers' legal rights have been held responsible for their original employer.
Subcontractor's employee against the employer's liability for the debts of the fact, in our
case law is required.
Therefore, Business Law for the original employer 'responsibilities and obligations of
every kind envisaged in the sub-employer (Subcontractor) is valid for.
4.CONCLUSION
Subcontractors are both needed for employers and also have to be watched because
they may damage the rights of workers. So to act according to Labor Laws is strongly advice
with employer-subcontractor relationship in other to protect rights of employees also, both
employers and subcontractors.

“A business that makes nothing but money is a poor business. “

Henry Ford

5.SOURCE

 http://www.yaklasim.com/mevzuat/dergi/makaleler/200211
3366.htm

 http://oktaytan.net/ALTISVERENiliskisi.pdf

 http://www.insaateskisehir.com/eskisehir-taseron-
firmalar.html

 http://www.wisegeek.com/what-is-a-subcontractor.htm

Special Thanks for your help!