Özet:

The subcontractor relationship is a tripartite business relationship in which a part of the main job or auxiliary work is given to another employer, along with economic and technological developments. Many implementation problems arise from the legislation in sub-contracting relations in public workplaces. To find solutions to the problems in practice, the obligations and responsibilities of the public principal employer and subcontractor arising from the social security law legislation should be determined correctly. In this study, within the scope of the SSGSSK Law No. 5510, the obligations of the public principal employer and the subcontractor, and the responsibilities of the party that does not partially or completely fulfill their obligations to the insured and the institution, were meant to be determined by considering the legislation, judicial decisions and discussions in the doctrine, the scope of the obligations and responsibilities of the main employer and the subcontractor, the preparation of the premium and service documents of the insured working under the subcontractor or the issuance of concise and premium service declarations, the payment of premiums, the keeping and submission of the book records and documents, the work accident and occupational disease notification, compensation claims and recourse as a whole.

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