Practice of contractual personnel at public institutions and comparison of the status of worker

Contractual personnel have been defined differently in variousregulations. However, there have been two common features in thesedefinitions, which are: that the contractual personnel is not a worker and thatworks according to a contract. It is possible to define contractual personnelas personnel who are different than workers or civil servants instead haveconnection with public service.To be able to define the concept of contractual personnel, it is requiredto define two analogous concepts; first of which is the concept of worker.Although there have been similarities, the contractual personnel is not aworker. Because the contractual personnel works according to anadministrative service contract instead of an employment contract regulatedin Labor Law and Law of Obligations. Furthermore, the contracted is not acivil servant, neither. Forasmuch as, whether civil servants are subject todesignation, the contractual personnel are employed depending on acontract. On the other hand, contractual personnel can be considered asother civil servants, stated in the article no.128 of the Constitution. Likewise,the court authorities and doctrine are in the opinion that contractualpersonnel are among other civil servants.The legal sources that contractual personnel hinged with are assorted.The issues concerning contractual personnel are arranged firstly in theConstitution, then in Civil Servants Law no.657, in organization laws ofvarious state institutions and organizations and in decree that regulates theState Economic Enterprises? personnel regime.The legal relation between the contractual personnel andadministration hinges on a contract. Although, this contract has someresembling points with private law service contracts, it is actually different.Because, according to this contract, administration has some privileges thatare peculiar to administrative contracts. Thus, the contract betweenadministration and contractual personnel should be described as?administrative service contract?.That the relation between contractual personnel and administrationdepends on a administrative service contract, thus on administration law; theplace to solve the disputes should be the administrative law.The aim of our study has been a comparison of the status ofcontractual personnel and of worker. Thus, contractual personnel have beenstudied under titles of individual and collective labor law parallel to workerdescribed in labor law During the study, the personnel regime in StateEconomic Enterprises? and the Decree no.399 have also been bethoughtconsidering their features. According to this, contracted personnel havefinancial and social rights such basic wage; achievement and senioritycompensation, fare payments, council fees, leave of absence. Furthermore,these personnel have obligation of transaction, care and hiding secret.Adding to these, contractual personnel have been forbidden to attend laboragreement, unionist action and political actions. The decree also issues thediscipline decisions, record and success assessments and conditionsterminating the contract in detail.Although Decree no.399 outlaws contract personnel to be member ofa syndicate, the later dated law no. 4688 which is regulated under private lawallows it to be. Adding, this law does not provide the right of collective laborcontract and strike. Thus the contracted personnel do not hold the right to besubject to a collective contract nor strike. However, they will be able to attendthe determination of working conditions by the means of collective meetingas regulated in the law no.4688.