Kamu Hizmetlerinde Bir İstihdam Biçimi Olarak Sözleşmeli Personel Uygulaması

Abstract

The execution of public services must include the human element. In the execution of public services, public personnel become a current issue when people who fulfill this duty under the administration are mentioned. Public personnel types also emerge according to the bond between public personnel and the administration. As a type of public personnel, contracted personnel are bound to the administration by contractual relationship. Therefore, contracted personnel differ from the public personnel depending on the status relationship. The legal regime to which public services personnel will be subject varies according to economic, social and ideological conditions. Although contracted personnel employment was initially created as an exceptional and temporary form of employment, it has changed, developed and diversified in the historical process depending on the employment policies. This situation was also reflected in the constitutional texts and contradictions and conflicts arose among the constitutional texts. Although not included in previous constitutions, the issue of the position of contracted personnel within the context of Article 128 of the 1982 Constitution is a result of this process. In our study, after the development of civil servants and basic concepts, the constitutional position of contracted personnel was discussed. Afterwards, the legal regime of the contracted personnel was examined. As the relationship of the contracted personnel with the administration is provided by the administrative service contract, the recruitment, rights and obligations and termination of the duty of the contracted personnel have their own characteristics. Although Law No. 657 is the basic regulation concerning the employment of contracted personnel, many different types of contracted personnel have been created with the laws of private organization. In this respect, there is no uniformity between contracted personnel types in terms of recruitment, rights and obligations and termination of duty. There are also legal deficiencies in determining legal status of the contracted personnel. Thus, it is possible to say that legal arrangements should be made to ensure uniformity and protect the rights of contracted personnel, which is the second largest group of public personnel after civil servants.