ABSTRACT
Reasons of operational requirements or technological expertise which are stipulated in the law in order to assign the certain sections of the main activity to the subcontractor are undoubtedly stipulated in the private sector and subcontractor assignments without this stipulation are considered invalid. The issue of whether this is also an obligation in subcontractor assignments in the certain sections of the main activity in public sector is contentious. The Supreme Court adopts the opinion that the given obligation is not stipulated because of certain provisions in sectors such as energy, health etc. Yet this approach is considered inappropriate and thoughts and reasons for this are presented as follows
Keywords : Main activity-auxiliary tasks, subcontracting, certain sections of the main activity, conditions for subcontracting, simulation, law for energy market, freedom in public workplaces