Abstract:

The establishment of higher education institutions by the foundations in Turkey was possible by the 1982 Constitution. Higher education institutions established by the foundations under the condition that they are not intended for profit, their academic work, other than financial and administrative matters, the provision of teaching staff and security aspects are subject to the provisions of the Constitution for state higher education institutions. Higher education institution is a broad concept that also covers the university. According to Article 130 of the Constitution, the foundation universities, while having public legal personality and academic autonomy, operate under the supervision and supervision of the state. The university can be established by law. Teachers are one of the most important elements of higher education institutions. According to Law No. 2547 of Higher Education, it consists of teachers, teachers, teachers and researchers. In Annex 5 of the same Law, the relationship between the founding universities and teachers is based on the contract. However, the nature of the contract must be discussed in teaching and trial. The nature of the agreement is of importance for the determination of the place of court responsible for the resolution of the rights and disputes of the parties. The Court of Dispute and the Administrative Court have decided that the universities are public legal persons, that the work carried out is public service and that the contract with the faculty is an administrative service contract according to the principle of academic autonomy. However, public legal persons may also make special legal contracts for public service. In addition, the implementation of the principle of scientific autonomy specified in the Constitution for the foundation universities does not necessarily require an administrative contract. The contract which the parties freely define the conditions within the framework of the rules laid down in the law is a business contract. The dependence element of the employment contract and the right of the employer to govern, cannot be interpreted in violation of scientific freedom. However, due to the importance of the subject, a clear legal arrangement should be made immediately.

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