Under Turkish Law, the transition process of subcontracted workers to permanent public worker status was primarily regulated by Statutory Decree (KHK) No. 696, with the procedures and principles outlined in relevant communiqués. The process generally consists of application, commission review, objection, and final decision stages. However, legal remedies are not exhausted for workers whose applications are rejected by the administration.

The Transition and Objection Process

  • Application and Review: Workers submit their applications to the institutions where they are employed. These applications are reviewed by the Determination Commission established within the institution. Approved applicants qualify to take the transition exam, while rejected applicants may initiate the objection process.
  • Right to Object: Workers whose applications are rejected by the Determination Commission can file a reasoned written objection within the statutory period (generally 3 days) from the announcement of the decision.
  • Resolution of the Objection: The objections are evaluated by the relevant commission, and the result is notified to the worker in writing. The relevant communiqués state that the commission's decisions on these objections are "final."

The Right to File a Lawsuit Against the Administration (Constitutional Guarantee)

Although the relevant communiqué states that "the decision rendered by the determination commission upon objection is final," this cannot prevent the worker from seeking judicial review. Article 125 of the Constitution of the Republic of Turkey explicitly mandates that "Recourse to judicial review shall be available against all actions and acts of administration."

Under Turkish administrative law, the decisions rendered by the determination commissions upon objection are strictly administrative acts. The right to litigate, guaranteed by the Turkish Constitution, cannot be abolished by secondary legislation (such as communiqués or regulations). Therefore, the provisions of the communiqué stating that the commission decisions are final contradict the freedom to seek legal remedies under Article 125 of the Turkish Constitution.

Administrative Litigation and Stay of Execution

A worker who meets the conditions stipulated in the statutory decree and relevant legislation, yet has their application and subsequent objection rejected, may file an annulment action in the Administrative Courts within 60 days following the notification of the commission's decision. Considering that the judicial process may take time and the transition exams or appointment procedures might be completed in the interim, it is critically important to request a "stay of execution" (yürütmenin durdurulması) in the lawsuit. A stay of execution order will prevent irreparable or impossible damages.

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice. Consulting a qualified attorney is strongly recommended for specific legal disputes.