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Collusion in Subcontracting Agreements
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Att. Ceyda Buyukoral
In General
Collusion in Subcontracting Agreements is defined by Article 3 of
the Subcontracting Regulation (“Regulation No. 27010”). As per
Article 3, collusion in an agreement is defined where:
• Part of a main job, related to the production of goods or services
in the establishment, which does not require any expertise, is
transferred to the subcontractor;
• A subcontracting relationship is established with an ex-employee;
• The employees of the principle employer are hired by the sub-
contractor and they work with limited rights;
• The operation’s goal is to conceal the real will of the parties,
such as avoiding public obligations or limiting/eliminating the
rights of employees arising from the labor contract, the collec-
tive agreement or from labor legislation.
Examination of Collusion
Pursuant to Article 12 of Regulation No. 27010; if it is proven that
the following documents, which are submitted to the district office, are
illegal or that there is collusion, then they shall be submitted to the
competent authorities: i) the trade registry gazette for legal persons
submitted to the trade registry by the establishment, ii) signature sam-
ples of those with signature authority in the establishment, iii) the sub-
contracting agreement and its appendices.
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NEWSLETTER 2014
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Article of May 2014