SUBCONTRACTOR KLÜH MUST GO AWAY
AND ALL WORKERS MUST BE PERMANENT STUFF IN AVON
The discrimination between subcontracted workers and permanent stuff working in Gebze Storehouse of the company Avon is not legal. The contract between the subcontractor Klüh and Avon is simulated, therefore it is not legally valid.
According to Labor Law, the relation between the producer company and the other employer taking responsibility in ancillary works relating the production of goods and services or giving a special aid due to the nature of producer, the nature of work or technological reasons is referred as the relation between the primary employer and sub-employer. On the other hand, according to the Regulation of Sub-Employment which was based on the definition of the relation between these two parties in Labor Law, outsourcing some parts of the primary work which do not require any specialization to the sub-employer, therefore avoiding public obligations and any transactions that aim to conceal the parties’ actual intentions such as constraining the rights of workers based on their labor contract or labor legislations are prearranged and legally not valid.
For long years, Avon have had essential part of its workers insured under these sub-contractor companies unlawfully, therefore have made them work with low salaries and without job security; and additionally it tries to prevent workers’ organization by separating them using different categories like white/blue collar or permanent/sub-contracted workers. New sub-contractors want workers to sign new contracts and hence they try to prevent their rights based on their collective labor contracts or legal regulations. Currently, Avon administration “discriminates” permanent workers under the roof of Avon against sub-contracted workers bound up with Klüh.
So it is imperative for Avon to end this unlawful relation with Klüh immediately. Klüh must be cleared off from Avon. All workers must be recognized as permanent workers of Avon. There must be no separation between permanent and sub-contracted workers. They must pay equal wage for equal work and end this illegal and unethical discrimination.