Abstract:

The relationship between the subcontractor and the main employer is in a close relationship with Code of Obligations, even it is mainly prescribed in Labour Code. This is because the liability of the main employer towards the employees of the subcontractor is prescribed as jointly liability and the subject of jointly liability is prescribed in Code of Obligations. For years, jointly liability has been examined by doctrine in two subtitles, as perfect and imperfect solidarity. It is accepted that there are provisions which form this differentiation in Code of Obligations. This subject is also examined in terms of the liability of main employer. However, consensus is not attended. The liability of main employer is presumed as perfect jointly liability by a part of doctrine and as imperfect liability by the other part of doctrine. However, this differentiation should not be presumed as a theoretical controversy. Because the scope of the liability of main employer depends on the type of the jointly liability. While this controversy lasts, the new Code of Obligations, which is going to enter into force in 1.7.2012, abolished the imperfect solidarity. This amendment is seemed to constitute important consequences in terms of the scope of main employer’s liability. Therefore, in this article, the effects of the new provisions will be examined and brought into sharp relief

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