Public tenders in terms of labor clai̇ms of the admi̇ni̇strati̇on

The principal employer-subcontractor relationship is one of the tripartite relationships in labor law. With the principal employer-subcontractor relationship, the principal employer may assign the auxiliary work in the workplace or the main work under certain conditions to another employer (subcontractor). As in the private sector, public institutions and organizations employ personnel through subcontracting. Especially in service procurement tenders, which are among public tenders, it is seen that public institutions and organizations employ personnel through subcontracting. In this context, in our study, firstly, the basic concepts will be examined, especially the concept of administration and tender (service and construction work tenders), the concepts of principal employer and subcontractor will be examined. Subsequently, the labor receivables for which the contracting authority will be liable in service procurement and public works tenders will be discussed, and finally, the right of recourse that may arise if the contracting authority pays the labor receivables for which it is liable will be evaluated. The aim of our study is to determine the responsibility of the workers employed by the administration as a result of public tenders for labor receivables and the right of recourse in case the administration assumes this responsibility. Our study is supported by current judicial decisions and doctrinal opinions.