Özet:

Public institutions outsource all or part of their main work to other sub-contracter through service procurement contracts in order to reduce costs or due to the need for specialists for technological reasons. Public institutions are also responsible for the wages and other rights of the workers working in the works under these contracts. However, since they are not initially responsible for these receivables, public loss occurs and the right of recourse comes to discussion area. There is no clear provision in the law regarding the scope of recourse of the public institution to the subcontractor or the contractor in turnkey works. The scope of this right of recourse is determined by judicial decisions. However, it is seen that the depart-ments whose expertise is not labour law sometimes goes beyond the systematic of the Labor Law No. 4857 and holds the public institution jointly responsible according to the tender contracts. On the other hand, with the Decree No. 696, subcontracted workers working in the public sector have continued to work as permanent public workers since April 2018. In this respect, when determining the scope of the recourse, workplace transfer rules managed under art 6 of the Labor Law No. 4857 must be applied.

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