IV.ULUSLARARASI NECMETTİN ERBAKAN ÜNİVERSİTESİ HUKUK KONGRESİ
Yayıncı:
Necmettin Erbakan Üniversitesi Yayınları
Dual working, which is defined as physicians working together in public and private sectors, is known in our country with the full day law. The process regarding the ban on dual working, which applies to faculty members as well as physicians, started with Law No. 5947 of 2010. The Constitutional Court has partially annulled this law. Subsequently, Decree Law No. 650 and Law No. 6514 came into force. Accordingly, academic staff will have permanent status at the university, while professors and associate professors will be able to serve outside the university under certain conditions and in a limited manner. Also faculty members who are currently engaged in self-employment activities or working in private organizations outside of working hours shall terminate these activities within three months as of the publication date of this article, and faculty members who do not terminate these activities within this period shall be dismissed from the university. Although the organization of dual work is a political choice, whether the result constitutes a violation of rights for both the subjects of the right to health and physicians requires a constitutional assessment. In addition, although the legislator has the right of discretion to regulate the working hours of physicians, the legislator must also take into account the public interest when exercising this discretionary power. This paper analyzes the legal regulations regarding the dual employment of physicians working in the public sector and the constitutional court decisions regarding these regulations. This is because ten years have passed since the Constitutional Court’s decision on dual employment and the relevant regulation can now be brought before the Supreme Court again. he rule put the public sector at a competitive disadvantage vis-à-vis the private sector, adversely affecting the accessibility and quality of public health services. The fact that especially financially weak people are affected by these problems in terms of the right to health violates the principle of the social state. The Court should take into account these alleged violations and make a new decision in a way that reconciles physicians right to work and to improve corporeal and spiritual existence with the right to life and health of individuals.