Özet:

There is no regulation in the Law regarding the nature of the contract established between the academic staff working at foundation universities and the foundation university. For this reason, there are many decisions regarding the quality of the contract of academic staff working at foundation universities. This subject is controversial in doctrine and judgement. The quality of the contract of the academic staff working at foundation universities is also important for determining the judicial remedy in disputes arising from this contract. According to the decision of the Court of Jurisdictional Dispute examined in our study, the academic staff working at the foundation universities works with an administrative contract, subject to public law. Therefore, the administrative jurisdiction is in charge of the dispute arising from the contract. However, the decision is up for debate. The fact that the foundation universities have a public legal personality and the activity of the academic staff is a public service is not sufficient for the contract to be accepted as an administrative contract. The mentioned academic staff works with an labor contract. In disputes arising from the labor contract, the labor courts with judicial jurisdiction are in charge.

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