PUBLICATIONS
AT THE INTERSECTION OF CORPORATE AND EMPLOYMENT LAW: PRINCIPAL EMPLOYER – SUB-EMPLOYER RELATIONSHIPS AND LEGAL RISK MANAGEMENT – 1. The Concepts of Principal Employer and Sub-Employer (Subcontractor) in Employment Law and the Constitutive Conditions
Known in practice as "subcontracting" and in legal terminology as the principal employer–sub-employer relationship, this arrangement is governed by Article 2, paragraph 6 of Employment Law No. 4857. U...
AT THE INTERSECTION OF CORPORATE AND EMPLOYMENT LAW: PRINCIPAL EMPLOYER – SUB-EMPLOYER RELATIONSHIPS AND LEGAL RISK MANAGEMENT – 2. Allegations of Collusion in Principal Employer – Sub-Employer Contracts and Preventive Law
Under Article 2/7 of the Employment Law, the validity of the relationship established between principal employer and sub-employer is subject to strict conditions of both form and substance. Dividing,...
AT THE INTERSECTION OF CORPORATE AND EMPLOYMENT LAW: PRINCIPAL EMPLOYER – SUB-EMPLOYER RELATIONSHIPS AND LEGAL RISK MANAGEMENT – 3. The Concept of "Joint Employment" in Groups of Companies (Holdings), Organic Connection and Standing
Where legal entities within a group of companies deploy labour on joint projects, or where personnel are rotated between companies connected by an organic link, this gives rise to the concept of "join...
AT THE INTERSECTION OF CORPORATE AND EMPLOYMENT LAW: PRINCIPAL EMPLOYER – SUB-EMPLOYER RELATIONSHIPS AND LEGAL RISK MANAGEMENT – 4. Joint and Several Liability Arising from Occupational Accidents in the Principal Employer – Sub-Employer Relationship, and Recourse in the Internal Relationship
Under Article 2/6 of Employment Law No. 4857, the principal employer is liable together with the sub-employer, towards the sub-employer's workers and in relation to that workplace, for obligations ari...
AT THE INTERSECTION OF CORPORATE AND EMPLOYMENT LAW: PRINCIPAL EMPLOYER – SUB-EMPLOYER RELATIONSHIPS AND LEGAL RISK MANAGEMENT – 5. Transfer of the Workplace on a Change of Sub-Employer (Art. 6 of the Employment Law), and the Legal Fate of Severance Pay and Annual Leave Entitlements
It is a frequently encountered scenario in practice that sub-employer firms providing services on the principal employer's projects change, whether because a tender period expires or through terminati...
AT THE INTERSECTION OF CORPORATE AND EMPLOYMENT LAW: PRINCIPAL EMPLOYER – SUB-EMPLOYER RELATIONSHIPS AND LEGAL RISK MANAGEMENT – 6. The Position of Principal and Sub-Employers in Relation to Labour Claims in Bankruptcy or Composition Proceedings
Where, as a result of economic crisis or insolvency, the principal employer or the sub-employer is declared bankrupt or obtains a composition moratorium under the provisions of Enforcement and Bankrup...
Law No. 7589, the 12th Judicial Package, Enters into Force: Technical Amendments to the Fundamental Codes and Their Practical Effects
Date of Publication and Official Gazette: Official Gazette No. 33326 dated 31 July 2026 Date of Entry into Force: 31 July 2026 (date of publication) Known publicly as the 12th Judicial Package, Law No...
Obligations of Companies Under the Personal Data Protection Law
With its entry into force in 2016, the Personal Data Protection Law opened the door to a new era for companies. The rapid digitalisation of data processing activities has today made the protection of...
Default by the Contractor in Construction Contracts in Return for Land Share
Construction contracts in return for land share are complex agreements that form the basic dynamic of urban transformation processes and the real estate sector in Türkiye. Under these contracts the la...
Reinstatement Actions in Employment Law and Their Consequences
Where the employment contract of a worker within the scope of job security is terminated by the employer without a valid reason being given, or where the reason given is not valid, the fundamental leg...
Transfer of Shares in Limited Liability Companies
Transfer of Shares in Limited Liability Companies: Procedure and Legal Principles The transfer of shares in a limited liability company is not simply an agreement between the parties; it is a transact...
Prohibition on Voting in Joint Stock Companies
CIRCUMSTANCES IN WHICH SHAREHOLDERS AND BOARD MEMBERS OF JOINT STOCK COMPANIES ARE DEPRIVED OF VOTING RIGHTS With a view to protecting the interests of the company and preventing conflicts of interest...
Procedure for the Transfer of Shares in Joint Stock Companies
PROCEDURE FOR THE TRANSFER OF SHARES IN JOINT STOCK COMPANIES As a natural consequence of their character as capital companies, the transfer of shares in joint stock companies is in principle free. Th...
The Obligation to Retain a Lawyer in Limited Liability and Joint Stock Companies
THE OBLIGATION TO RETAIN A LAWYER IN LIMITED LIABILITY AND JOINT STOCK COMPANIES 1. Introduction Conducting a company's legal affairs on a professional footing is not merely an optional choice; in cer...
Liability of Shareholders and Directors of Limited Liability and Joint Stock Companies for Tax Debts
LIABILITY OF SHAREHOLDERS AND MANAGERS OF LIMITED LIABILITY COMPANIES FOR PUBLIC DEBTS The basic rule in limited liability companies is that liability for company debts is confined to the assets of th...
The Employer's Obligation to Insure Workers
THE EMPLOYER'S OBLIGATION TO INSURE WORKERS AND ITS LIABILITY TO THE SOCIAL SECURITY INSTITUTION WHERE UNINSURED WORKERS ARE EMPLOYED The right to social security is a fundamental right guaranteed by...
Procedure for Capital Increase in Joint Stock Companies
PROCEDURE FOR CAPITAL INCREASE IN JOINT STOCK COMPANIES A capital increase is an important legal and financial transaction resorted to in order to strengthen a company's financial structure, make new...
The Importance of Personnel Files
THE IMPORTANCE OF THE PERSONNEL FILE There is an official file that must be kept for everyone working at a workplace: the personnel file. This file is the written record of the entire process from the...