Navigating Your Rights as a Subcontractor Employee
In many of Turkey’s leading industries, from construction and tourism to manufacturing and logistics, subcontracting is a common business practice. This model involves a principal employer (the main company) hiring a subcontractor to perform specific tasks or auxiliary services. While this can create efficiency for businesses, it often creates a complex and confusing situation for the employees of that subcontractor. Many workers find themselves asking: Who is actually my employer? What are my rights? Who is responsible if something goes wrong? At our firm, we believe that knowledge is power. This comprehensive guide is designed to demystify the legal landscape for subcontractor employees in Turkey and empower you with a clear understanding of your robust legal protections.
The relationship is a triangular one: the principal employer, the subcontractor (your direct employer), and you, the employee. It’s easy to feel lost in the middle. However, the Turkish Labour Law (Law No. 4857) establishes a critical safety net to prevent workers from falling through the cracks. The cornerstone of this protection is the principle of joint and several liability, which ensures that the main company cannot simply wash its hands of responsibility for the workers operating on its projects or within its premises. Understanding this framework is the first step toward securing your rights.
The Core Principle: Joint and Several Liability
The most important concept for any subcontractor employee to understand is “joint and several liability” (in Turkish: müşterek ve müteselsil sorumluluk). This legal principle is enshrined in Article 2 of the Turkish Labour Law and forms the bedrock of your rights. In simple terms, it means that both the principal employer and the subcontractor are together responsible for fulfilling your employment rights that arise from the Labour Law and your employment contract.
Think of it like a loan with two guarantors. If the primary borrower (the subcontractor) fails to pay, the lender (you, the employee) can demand the full amount from the other guarantor (the principal employer). You do not need to prove the subcontractor is bankrupt or has disappeared; you have the legal right to pursue either party or both simultaneously to claim your entitlements. This includes unpaid wages, overtime pay, annual leave fees, severance and notice pay, and compensation related to workplace accidents. This powerful legal tool ensures that main companies have a vested interest in ensuring their subcontractors are treating their employees fairly and lawfully.
Identifying a Genuine Subcontracting Relationship
While subcontracting is legal, the law sets strict conditions to prevent its misuse. A valid subcontracting relationship can only be established for auxiliary work (such as cleaning, security, or catering in a factory) or for parts of the main work that require technological expertise or specialization. A company cannot subcontract its primary, core business activities simply to use cheaper labour or avoid responsibilities.
Sham or Collusive Subcontracting (Muvazaa)
Unfortunately, some companies try to abuse the system through what the law calls “collusive subcontracting” (muvazaalı alt işverenlik). This is a sham arrangement designed to make it appear as if workers are employed by a third-party subcontractor, when in reality they are fully integrated into the principal employer’s operations. The goal is often to prevent unionization, pay lower wages, or circumvent job security provisions.
Key signs of a collusive arrangement include:
- Subcontractor employees performing the exact same core tasks as the principal employer’s direct employees.
- Taking direct orders and instructions from the managers of the principal employer.
- Using tools, equipment, and office space provided by the principal employer without distinction.
- The subcontractor having no real independent business activity or other clients.
If a court determines the relationship is collusive, the legal consequences are significant. The subcontractor’s employees are deemed to have been employees of the principal employer from the very beginning of their employment. This grants them all the rights and benefits as if they had been hired directly by the main company all along.
Your Fundamental Employment Rights Explained
As a subcontractor employee, you are entitled to the same fundamental rights as any other employee under Turkish Labour Law. The principle of joint liability ensures there is always a responsible party to hold accountable.
Right to Wages and Timely Payment
Your subcontractor is primarily responsible for paying your salary and any other remuneration on time. However, if they fail to do so, the principal employer becomes 100% liable for these unpaid wages. This liability is not limited to just the basic salary; it covers all forms of payment derived from the law or your contract, including overtime pay, bonuses, and holiday pay. You have the right to demand payment from the main contractor, and they cannot refuse by claiming it is the subcontractor’s responsibility.
Working Hours, Overtime, and Breaks
Your working conditions must comply with the law. The standard working week in Turkey is a maximum of 45 hours. Any work exceeding this limit is considered overtime and must be compensated at a higher rate—an additional 50% of the normal hourly wage. Work performed on national or religious holidays must be paid at double the rate. You are also entitled to mandatory rest periods, such as a one-hour break for workdays lasting 7.5 hours or more. The principal employer, whose premises you likely work on, shares the responsibility for ensuring these rules are followed.
Annual Paid Leave (Yıllık Ücretli İzin)
Your right to paid annual leave is fully protected. The entitlement is based on your length of service (seniority). For employees with:
- 1 to 5 years of service: 14 days
- 5 to 15 years of service: 20 days
- 15+ years of service: 26 days
Crucially, if you have worked continuously at the same principal employer’s workplace, even if it was for different subcontractors, your total time at that workplace is combined to calculate your seniority for annual leave entitlement. The principal employer is jointly liable for ensuring you are granted this leave or paid for it upon termination.
Social Security Contributions (SGK)
This is one of your most critical rights. Your employer is legally obligated to register you with the Social Security Institution (SGK) from your first day of work and pay all monthly premiums in full and on your actual salary. These premiums fund your access to healthcare, and build your retirement pension. The principal employer has a legal duty to check whether its subcontractors are complying with these obligations. If your subcontractor fails to register you or underreports your salary to SGK, both are legally and financially responsible for the unpaid premiums and any resulting penalties.
Workplace Health and Safety (İş Sağlığı ve Güvenliği – İSG)
Both the principal employer and the subcontractor have a shared, non-transferable duty to ensure your health and safety at work. This includes providing a safe working environment, conducting risk assessments, delivering necessary safety training, and supplying appropriate personal protective equipment (PPE). In the unfortunate event of a workplace accident, legal responsibility often falls heavily on the principal employer, as they control the overall workplace. They cannot use the subcontractor as a shield to escape liability for unsafe conditions.
Termination of Employment: Understanding Your Entitlements
Your rights are strongly protected when your employment contract ends. The joint liability rule is especially important here, as termination often involves significant payments.
Severance Pay (Kıdem Tazminatı)
If you have worked for at least one year and are dismissed without just cause (as defined by law), or if you resign for a valid reason (e.g., unpaid wages, harassment), you are entitled to severance pay. A key point for subcontractor employees is that your severance pay is calculated based on your entire period of service at the principal employer’s workplace, regardless of how many different subcontractors you worked for during that time. Both employers are jointly liable for the full amount.
Notice Pay (İhbar Tazminatı)
Unless you are dismissed for a serious fault, your employer must provide you with a statutory notice period before termination. This period ranges from two to eight weeks, depending on your seniority. If they fail to provide this notice and dismiss you immediately, they must pay you a lump sum equivalent to the wages for that notice period. This is known as notice pay, and again, the principal employer is jointly liable if the subcontractor fails to pay it.
Re-employment Lawsuit (İşe İade Davası)
If your workplace (counting all employees of the main contractor and any subcontractors) has 30 or more employees and you have at least six months of service, you have job security protection. If you are dismissed without a valid reason, you can file a re-employment lawsuit. If the court finds the dismissal was unfair, it can order your reinstatement or compel the employer to pay additional compensation. In cases of collusive subcontracting, this becomes a powerful tool against the principal employer.
Practical Steps to Enforce Your Rights
Knowing your rights is the first step; enforcing them is the next. If you believe your rights are being violated, we recommend a structured approach.
Step 1: Documentation is Key
You must be diligent in collecting evidence. Keep copies of your employment contract, all payslips (or bank statements if you don’t receive slips), SGK statements which you can download from the e-Devlet portal, and any written communication with your employers. If conditions are unsafe, take photos or videos discreetly if possible. Note the names of colleagues who can serve as witnesses.
Step 2: Formal Notification (İhtarname)
The first formal legal step is often to send a legal notice, prepared by a lawyer and sent via a notary public, to both the subcontractor and the principal employer. This notice will clearly state the rights that have been violated (e.g., unpaid overtime, missing SGK premiums) and demand that they be rectified within a specific timeframe. This official document demonstrates your seriousness and creates a paper trail for any future legal action.
Step 3: Mandatory Mediation (Zorunlu Arabuluculuk)
In Turkey, for most employment disputes concerning monetary claims like severance pay or wages, engaging in mandatory mediation is a prerequisite before you can file a lawsuit. A neutral mediator facilitates a meeting between you and your employers to try and reach a settlement. We can represent you during this process to ensure your interests are robustly defended and you are not pressured into an unfair agreement.
Step 4: Filing a Lawsuit at the Labour Court (İş Mahkemesi)
If mediation fails to produce a resolution, the final step is to file a lawsuit at the Labour Court. At this stage, having an experienced legal team is paramount. We will present the evidence, summon witnesses, and argue your case to the judge, ensuring that the lawsuit is correctly filed against both the subcontractor and the jointly liable principal employer to maximize your chances of a successful outcome.
Why Legal Counsel is Crucial
The laws governing subcontractor employee rights are designed to protect you, but navigating them can be a daunting task. Issues like proving a collusive relationship, accurately calculating combined service periods for severance pay, and holding a large principal employer accountable require specialized legal knowledge and experience. Our team of dedicated labour law specialists in Alanya is committed to ensuring that no employee is denied their rights due to a complex employment structure. We provide clear, strategic advice and determined representation every step of the way, from the initial notice to the final court decision. If you feel your rights as a subcontractor employee are being compromised, we invite you to contact us for a consultation to protect your interests and secure the justice you deserve.
