The concept of “subcontractor” constitutes utmost importance within the scope of Turkish Social Insurance Law.
The concept is being defined in the Social Insurance and General Healthcare Insurance Act No. 5510. In this regard, a subcontractor is a third party that receives work from an employer in a job related to the production of goods or services carried out in the workplace, or in sections or extensions of a job, and employs the insured people assigned for this job.
Even if the insured have taken up employment through a third party and made a contract with them, they will be responsible together with the subcontractor for the obligations imposed on the employer by the main employer and the Act No. 5510.
Based on the aforimentioned provision, in order to be able to talk about the main employer-subcontractor relationship, the following conditions must be met together:
- The presence of the main employer who employs insured people in the workplace.
- The subcontractor is required to employ insured people for the work it undertakes to do.
- The subcontractor is required to carry out the work at the workplace of the main employer.
- The subcontractor undertakes work in a section, add-ons or auxiliary works of the main work done by the main employer in the workplace.
- The above mentioned conditions must be met at the same time.
Even if the insured have taken up employment through a third party and made a contract with them, they will be responsible together with the subcontractor for the obligations imposed on the employer by the main employer and the Act No. 5510. The main employer will be jointly and severally liable with the subcontractor for its obligations specified in the Act No. 5510. In this regard, the main employer shall be held responsible for the unpaid premium debts and related debts to the Social Security Institution, just like the subcontractor.
