Legal status of employees of social assistance and Solidarity Foundations and Additional Imbursement Dispute

In our country Social Assistance and Solidarity Foundations (SASF) were founded in 1986 with intentions to provide social welfare organisations by government. These foundations have some privilages due to law. Because of these privilages, SASFs use public force unlike other active foundations which causes legal characteristics of these foundations differ from others. Its a right and precise decision that SASFs are considered as public institutes. The acceptance of SASFs as public institutes entitles some personal rights to workers of these foundations compared to foundations that have private entity. As a result of considering these foundations as public institute, matter of additional imbursement payments to SASF employees came up according to Law no: 6772. However, executives abstain from paying the imbursement and claim that foundation has private entity therefore cannot considered as public entity which results in no right to claim additonal imbursement. ix The aim of this work is to study the differences between additional imbursement and contractual bonus arising from the law and to evaluate the concrete incompatibililty caused by these differences in the context of SASFs. Our study is designed as three sections. Assessment of foundation and legal nature of SASFs were made in first section, whereas in second section personnel regime and legal status of SASF employees were assessed. In the final section right ownership of SASF employees on additonal imbursement and approach of judiciary to hesitations on this issue was reviewed.