Türkiye Adalet Akademisi Dergisi

Yazarlar: Alptekin Burak BOYDAK

Konular:Hukuk

Anahtar Kelimeler:Principal employer subcontractor relationship,Recourse compensation,Principal employer

Özet: The lawsuits filed by the public administrations that pay the severance payments of the workers working in the scope of service procurement within the scope of joint liability constitute a significant workload of the courts in terms of the volume it reaches. Although the Law No. 7166 prohibited the legislator to make an arrangement in order to prevent these lawsuits for the period following 11.09.2014, instead of solving the problem in terms of legal technique, the regulation brought new controversial and the regulation came before the Constitutional Court. The Constitutional Court examined the applications brought before the domestic courts through concrete norm control and made a decision with the decision E: 2019/42, K: 2019/73, which made it difficult for the public administrations paying the severance payments of the workers working with the contractor company to reclaim the sub-employer for the period after 11.09.2014. equality principle. In this study, the cancellation decision of the Constitutional Court and the status of the existing cases after the decision were examined and a legal evaluation was made and suggestions were made for the solution of this problem.

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