THE DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION NUMBERED C-463/09 AND DISCUSSION OF SUBCONTRACTING RELATIONSHIP- TRANSFER OF PART OF A BUSINESS

The decision of the CJEU numbered C-463/09 dated 20.01.2011 has been examined within the scope of the study. The dispute in the subject matter of the decision is not related to the results of the transfer, it is about whether or not there is a transfer. Therefore, the results of the transfer of a business is not discussed in the study. Within the scope of the Directive, the concept of the transfer of a business is briefly examined and it is stated that whether or not the only transfer of activity in the subject matter is included in the scope of the transfer of a business in EU law, English law and Turkish law. In our law, the transfer of the activity, when the conditions are provided, is considered in the principal employer subcontractor relationship. Employees are protected by subcontracting arrangements in a tighter approach than the business transfer arrangements. In Turkish law, the transfer of activities is a subject that can create subordinate relationship. For this reason, the study includes discussions on whether a part of the business in Turkish law will be compatible with the principal employer subcontractor relationship. Our opinion on this subject is explained