BUSINESS RULES

Code Number: 4857
Date of Admission: 22/5/2003
R.Gazet Published: Date: 10/6/2003 Issue: 25134
Arrested Statement: Arrangement: 5 Vol: 42

FIRST PART

General provisions

Purpose and scope

Article 1 – The purpose of this Act is to regulate the rights and responsibilities of the employers working with the intended employers and the working conditions and working environment of the workers who are employed on the basis of a labor contract.
This Law shall apply to all workplaces except for the four Article Exceptions, regardless of their activity to their employers and their employer’s agents and workers.

Workplaces, employers, employers’ representatives and workers are bound by the provisions of this Law irrespective of the date of notification in the third item.

Definitions

Article 2 – Real person worker working on the basis of a labor contract, an associate work relation established between an employer, an employee and an employer, is an entity or organization that does not have real or legal personality or legal personality. An employer is a workplace where the material and non-material elements and the workers are organized together to produce goods or services.

Other attachments and means such as rest, child breastfeeding, eating, sleeping, washing, examination and maintenance, physical and vocational training and courtyard, as well as places (places bound to the workplace) that are organized under the same management and which have a qualitative connection with the goods or services produced by the employer Is considered a workplace.

The workplace is a part of the work organization created by places, attachments and tools connected to the workplace.
(Supplementary Clause: 23/7 / 2010-6009 / Article 48) In terms of the implementation of this Law;

A) Physicians, workplace doctors certified by the Ministry in order to work in occupational health and safety services; Engineers, architects and technical staff are the business security experts,

B) Establishment and operation of joint public health and safety units established and operated by the public institutions and organizations authorized by the Ministry of Health and having the necessary equipments and personnel in order to provide the health and safety services and the companies operating according to the provisions of the Turkish Commercial Code,

C) Public institutions and organizations authorized by the Ministry to provide training for workplace physicians and job security specialists to be employed in occupational health and safety services, universities and institutional educational institutions established and operated by companies operating according to the provisions of the Turkish Commercial Code.

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Employees who act on behalf of the employer and who take part in the management of the work, the workplace and the employer are called the employer and the deputy. The employer is directly responsible for the employer’s actions and obligations against the workers in this capacity.

Any and all liabilities and obligations foreseen for the employer in this Law shall also apply to employer employees. The employment of the employer does not remove the rights and obligations recognized by the workers.

An employer is an associate between an employer and an employer who is employed by the employer in the work for which he or she is employed for the purpose of technological reasons, The main employer is called the sub-employer relationship. In this connection, the principal employer is liable to the employer of the sub-employer together with the sub-employer for his or her obligations arising from this Law, the employment contract or the collective labor agreement under which the sub-employer is a party.

The rights of the original employer can not be restricted by continuing to recruit and employ the sub-employer, or a sub-employer relationship can not be established with the person previously employed in that workplace. Otherwise, and in general, the principal employer is treated as the worker of the original employer from the outset, assuming that the sub-employer relationship is based on co-operative processing. The actual work can not be given to the sub-employers apart from the work which is required by the operator and due to technological reasons.

(Annex: 1/7 / 2006-5538 / 18 md.) In the case of public institutions and establishments established on the basis of the authority provided by law or law, and in partnerships in which they have at least a percentage of their capital directly or indirectly, they are subject to the Public Procurement Law no. In accordance with the provisions of the contracts for the purpose of obtaining services, the persons employed by the contractor have worked in this way;

A) Appointment to positions or positions belonging to such institutions, organizations and partnerships,

B) They can not be entitled to benefit from any kind of financial rights and social benefits determined by the provisions of the collective labor agreement, personnel laws or other relevant legislation for the employees or positions of the establishments belonging to these institutions, associations and partnerships.

(Attachment: 1/7 / 2006-5538 / 18 md.) The tender subject which is undertaken by the employers other than the contractors in the workplaces stated in the 8th paragraph and the ones contracted by them in the framework of the auction legislation,

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