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It is necessary to distinguish the concept of “civil servant” (memur) from the concept of “employee”. The definition of civil servant is contained in the Constitution of the Republic of Turkey and the Civil Servants Code(21)…
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A. Employee (İşçi)
The term “employee” is defined in Labour Code(19) as a real person who works under a contract of employment (Art. 2 of LC). As it is seen from this definition, two elements are required to be considered as an employee; namely (i) to be a real person; and (ii) to work under a contract of employment. Therefore, a legal person, such as a company, cannot be considered as an employee since it is not a real person. Nor can a person be considered as an employee if there is no contractual relationship established by the free will of the parties, even in cases where there is
