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While examining whether collusion exists, the following clauses
shall be taken into consideration:
a) Whether the job undertaken by the subcontractor is a sub-
sidiary job of the main job (production of goods or services in
the establishment) conducted by the principle employer or not;
b) Whether the job undertaken by the subcontractor requires
expertise as a matter of course, and for technological reasons
or not;
c) Whether the subcontractor is an ex-employee or not;
d) Whether the subcontractor possess the appropriate equipment
and experience or not;
e) Whether the qualifications of the employees (that will be hired
by the subcontractor) are aligned with the job requirements or
not;
f) Whether the employees of the principle employer (excluding
the ones in charge of coordination and auditing on behalf of the
principle employer) perform work related to the job undertak-
en by the subcontractor or not;
g) Whether the subcontracting agreement aims to avoid public
obligations set forth by the Labor Law or not;
h) Whether the subcontracting agreement is executed for the pur-
pose of limiting/eliminating the individual/collective rights of
the employees arising from the labor contract, the collective
agreement or from the legislation.
Procedures Required after the Examination
Pursuant to Article 13 of Regulation No. 27010, justified inspec-
tion reports containing proof of collusion as a result of the examination
of the principle employer-subcontractor relationship by labor inspec-
tors shall be notified to the employers by the district office. An objec-
tion can be made by employers to the authorized labor courts within 6
working days beginning from the date of notification. Decisions made
regarding any objections are final.
LABOR LAW
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