The Turkish Constitutional Court has invalidated certain
provisions of the Labor Code numbered 4857 ("Labor
Code") for being against the principle of equality.
Article 112's sixth paragraph of the Labor Code prevented
public institutions to recourse to subcontractors concerning
severance payments made to subcontractor's employees in case
there were no provisions within the agreement regarding the right
to recourse, and temporary article 9's first sentence of the
same code stated that lawsuits regarding the right to recourse will
be dismissed.
Pursuant to article 11 of the Code dated 21 February 2019 and
numbered 7166, paragraph 6 was added to article 112 of the Labor
Code. In accordance with this article, public institutions were not
able to recourse to sub-contractors for the severance payments
which were made to sub-contractor's employees if there were no
clear provisions regarding the right to recourse within the
agreement signed between the public institution and
