341 LABOR LAW rights arising from the collective labor agreement to which the subemployer is subject. In accordance with the established doctrine and the Supreme Court opinions, within the framework of the job security granted to the employees with Article 18 of the Labor Code, the primary employer is not jointly liable for the invalidity of termination nor reinstatement of the employee; however, it is accepted that the joint liability exists in terms of non-reinstatement and idle time compensations arising from the sub-employer’s non-reinstatement of the employee to the work after a court decision. It should be emphasized that this joint liability is limited to the time that the employee works at the primary employer’s workplace.2 Occupational Health and Safety Law Pursuant to Article 4 of Occupational Health and Safety Code numbered 6331 (“OHSC”), which is based on the obligation to take care of the employees, which is one of the fundamental obligations of the employer, the employer is obliged to take necessary measures to ensure and protect the health and safety of the employees employed in the workplace. In addition, as per Article 22 of the OHSC, an obligation to establish an occupational health and safety committee is regulated for the primary employer and sub-employer relations that last more than six months. Since the basis of these regulations is the employer’s obligation to taking care of its employees, it is considered that the material and moral compensation claims arising from a work accident suffered, or occupational disease acquired, by the subemployer’s employees that occurs in or from the workplace, are within the scope of the joint liability of the primary employer. Social Security Law Joint liability for the primary employer and the sub-employer is also foreseen under Social Insurance and General Health Insurance Code numbered 5510 (“SIGHIC”), which regulates the social security legislation. According to Article 12/6 of the SIGHIC, even if the 2 Justification of Labor Code, No. 4857, 07.03.2003.
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