Criteria for Determination of the Partnership Agreement with the Employment Agreement in Action for Fixing of Period of Service

Action for fixing of period of service, if the legal relationship between the parties is in dispute, it is necessary to determine which contract the legal relationship originates from. In this context, the ordi-nary partnership agreement may be the subject of action for fixing of period of service if it is claimed that the legal relationship between the parties is based on the employment agreement and not the ordinary partnership agreement. At this point, the quality of the legal relationship between the parties and the criteria that can be taken into consideration in determining this quality are important. In our study, the determination of the legal relationship between them, the definition and elements of the ordinary part-nership agreement and the employment agreement and elements will be explained by comparison. In this respect, firstly the insurance status of the partners and workers will be mentioned in general, general explanations will be made about the case of service determination, then the criteria that can be used to determine the legal relationship between them will be mentioned and judicial decisions will be included.