ABSTRACT

Transferring a section of the main activity of employers to subcontractor within the principal employer-subcontractor relationship has become both a need and a necessity in the conditions of globalization and intense competition. Beside this, transferring a section of public services of public establishments to subcontractor by means of hiring employees through service purchasing within the framework of the Public Procurement Law No. 4734 and Law Public Procurement Contracts Law No. 4735 has become widespread substantially within the last decades in our country. However, as there is a lack of adapting between Law No. 4734 and Labor Law No. 4857 regulating labor relation has significantly led issues in practice and, thus aggrieving employees as far as their legal rights are concerned. Law-maker wanted the public establishments to exclude from responsibilities imposed by the principal employer-subcontractor relationship by adding two new paragraphs to the Law No. 4857, 2. article with Law No. 5538. Yet, the regulation has not led a change as regards the judicial decisions. In this article, severance pay right of the employees hired through service purchasing in public and the responsibilities of an employer resulted from this right have evaluated in the framework of the judicial decisions by scanning sources related with the subject.