05.12.2024 10:01
According to the bill approved by the Grand National Assembly of Turkey (TBMM), contracted personnel can be employed in the Presidential Administrative Affairs Directorate. The salary cap for certain personnel can be set up to five times the contract salary cap applied to those employed under the relevant clause of the Civil Servants Law.
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The proposal for the Law on Amendments to the Law on State Officials, which includes regulations related to state officials, was accepted by the TBMM Planning and Budget Commission.
With the proposal, amendments are being made to the Law on State Officials. Accordingly, the regulation that allows officials who have not received any disciplinary punishment for 8 years to benefit from an additional step right will also apply to those who transition from contracted status to civil servant positions within the framework of the Law on Amendments to the Law on State Officials and Certain Laws and the Decree Law No. 663.
UNPAID LEAVE RIGHT FOR OFFICIALS
Officials who wish to work in international organizations that may have the same nature alongside the official institutions of foreign countries, as determined by the President, will also be granted unpaid leave. Thus, a regulation will be made to expand the opportunities for public officials to participate in activities that may be beneficial for the national interests of the country and their professional development without creating any additional financial burden.
RIGHT TO RETURN FOR OFFICIALS
Those who have been removed from managerial positions specified in the relevant articles of Decree Law No. 375 or whose terms have ended and who have been appointed to relevant positions, or those who have been appointed or deemed appointed under the temporary article of the aforementioned Decree Law, and who later voluntarily withdrew from their positions after the date this paragraph comes into force, will be able to return to their previous positions without the need for a security investigation and without the requirement of other conditions specified in this provision, provided that they apply within 3 months after their departure, with their previous rights preserved. The positions of those appointed under this provision will be established without the need for any further action and added to the relevant sections of the institutions' position lists, and these positions will be deemed canceled without the need for any further action in case of any vacancy.
ADVISORS WILL ALSO BE SUBJECT TO THE SAME PROVISION
This regulation will also apply to those appointed to certain positions specified in the Law on the Administrative Organization of the Grand National Assembly of Turkey or deemed appointed, as well as those appointed to positions titled "advisor" in the Administrative Organization of the Grand National Assembly of Turkey under the relevant provisions of Article 221 of Decree Law No. 703.
For the spouses of civil servants who work in international organizations of which Turkey is a member or in the overseas units of public capital institutions or organizations, or those who have been assigned abroad for more than 6 months from these institutions and organizations, unpaid leave may be granted for a period not exceeding 10 years, provided that this situation is documented to the institution every year.
RIGHT TO TAKE THE QUALIFICATION EXAM FOR ASSISTANT EXPERTS
According to the amendment made in line with the Constitutional Court's annulment decision, those appointed as assistant experts will be entitled to take the qualification exam, provided they work for at least 3 years and their expertise thesis, which they will prepare on topics determined by the units they are employed in, is accepted by the thesis jury to be established. The exam for those entitled to take the qualification exam will be held within 6 months at the latest.
For those who have qualified to take the qualification exam under the provisions of the Law before the amendment and for whom the first qualification exam has not yet been conducted by their institutions as of the date this provision comes into force, the 6-month period foreseen for the conduct of the exam will start from the date this article comes into force.
The regulation that allows additional steps to be granted to those appointed from contracted personnel status to civil servant positions, provided they do not receive any disciplinary punishment, will be applied without retrospective benefit to those who previously made the transition under the laws specified in the provision.
THE STATE AUDITORY BOARD WILL ALSO AUDIT FOUNDATIONS, COOPERATIVES, AND ASSOCIATIONS
With the proposal, the name of the Law on Certain Regulations Regarding the President and Members of the State Audit Board is changed to the Law on Certain Regulations Regarding the State Audit Board, and a provision titled "Duties Regarding Foundations, Cooperatives, and Unions" is added to the Law. Accordingly, the Board will be able to conduct all kinds of administrative investigations, examinations, research, and audits in foundations, cooperatives, unions, and all kinds of partnerships and participations of these institutions and organizations.
In accordance with the Constitutional Court's decision, the provision titled "Duties and Powers of Auditors" is also regulated. Accordingly, it will be the auditors' duties to conduct audits, examinations, research, and investigations on the subjects assigned to them within the audit and investigation groups; to correspond with institutions, organizations, and other real and legal persons regarding the subjects they are assigned to; to request information and documents; to prepare reports and make statements at Board meetings; to perform the duties assigned by the legislation; and to carry out the tasks assigned by the Board President and the relevant Board member. The members of the Board and auditors will carry the duties, powers, and responsibilities of the institutions and organizations included in the audit scope, as well as the inspection, audit, or units established for this purpose.
CIVIL SERVANTS CAN ALSO BE SUSPENDED FROM DUTY
According to the newly regulated provision titled "Suspension from Duty," the relevant Board member or auditor may propose the application of the suspension measure to the competent authorities for officials at all levels and ranks who exhibit behaviors that hinder or obstruct the audit during audits, who are understood to increase public harm if they remain in office, who are understood to conceal evidence of crimes, or whose continuation in office is deemed problematic in terms of the requirements of public service. This measure can be applied to civil servants and other public officials.
The reasoned letter regarding the suspension measure will be communicated to the appointing authority of the suspended individual, the Board President, and other relevant parties.
If the reason for the suspension from duty ceases to exist during the audits, if it is determined at the end of the audits that no crime has been committed, or if a penalty other than dismissal from civil service is proposed in terms of discipline, the individual suspended from duty will be reinstated immediately by the appointing authority based on the letter or report prepared by the relevant audit or investigation group. The processes related to the implementation of the suspension measure will be completed as a priority.
EMPLOYEES OF THE PRESIDENCY CAN BE APPOINTED TO OTHER POSITIONS
With the proposal, amendments are being made to the Law on Certain Regulations Regarding the Administrative Affairs of the Presidency in line with the Constitutional Court's decision.
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The promotions of judges and prosecutors will be carried out in due time without the need for any further action. Those among the permanent staff whose services are no longer needed will be assigned to positions in other public institutions and organizations that are suitable for their situations. The relevant institutions will carry out the appointment procedures as soon as possible within the framework of general provisions. If there are no vacant positions suitable for their situations, the appointment will be deemed to have been automatically created without any further action. If these positions become vacant for any reason, they will be deemed to have been automatically canceled without any further action.
Personnel who are temporarily assigned and whose services are no longer needed may be sent back to their institutions before the end of their term or their duties may be terminated. Those who are temporarily assigned may return to their institutions or resign from their duties before their terms expire. Those who complete a 3-year term will continue their duties until a new action is taken regarding them.
CONTRACTED PERSONNEL CAN WORK AT THE PRESIDENCY
At the Presidency's Administrative Affairs Directorate, contracted personnel can be employed without being bound by the provisions of the Civil Servants Law or other laws regarding the employment of contracted personnel. The Administrative Affairs Director will be authorized to make contracts. For matters not covered in the Law and the contract regarding contracted personnel, the provisions of the Civil Servants Law regarding the employment of contracted personnel will apply. The salary to be paid to those who will be employed on a contractual basis will be determined by the Administrative Affairs Director, taking into account the nature of the duty and the qualifications of the person to be employed, not exceeding three times the ceiling of the contract salary currently applied for those employed under the relevant clause of the Law. Those who are temporarily and/or contracted to work on certain days of the week or at certain hours of the day will be paid in proportion to the days or hours worked.
SALARY UP TO 5 TIMES
The salary ceiling to be paid to contracted IT personnel to be employed in this context can be determined up to 5 times the ceiling of the contract salary applied for those employed under the relevant clause of the Civil Servants Law, for a maximum of 10 people. Those to be employed in this way must have graduated from 4-year programs in computer engineering, software engineering, electrical engineering, electronic engineering, electrical and electronic engineering, and industrial engineering, or from engineering departments of 4-year educational institutions outside of these, as well as from departments of faculties of science and literature, education, and educational sciences that provide education on computer and technology, and from statistics, mathematics, and physics departments, or from foreign higher education institutions whose equivalence has been accepted by the Higher Education Council. Additionally, they must have at least 5 years of professional experience in software, software design and development, or management of this process, or in the establishment and management of large-scale network systems; they must also have knowledge of the hardware of computer peripherals and network management security, and it will be mandatory for them to know at least one of the current programming languages.
INTERIM RIGHTS OF CONTRACTED PERSONNEL WILL BE COVERED BY THE PRESIDENCY
Those contracted personnel employed under this provision whose services are no longer needed may be assigned to positions in other public institutions and organizations suitable for their situations, if deemed appropriate. The appointment proposal for them will be made by the Administrative Affairs Directorate. The personnel's appointment procedures will be concluded by the institution or organization to which they are proposed within 15 days. Until the appointment process is completed, they will continue to receive their contract salaries and other financial rights from the Presidency's budget.
The positions of those to be appointed in this context will be deemed to have been created without the need for any further action, in terms of title, number, qualifications, contract salary, and duration specified in the appointment proposal, as of the date the appointment process is carried out. Except for the positions of contracted personnel whose service contracts have been terminated due to birth, adoption, or military service, the positions created under this provision will be canceled without any further action if they become vacant in any way. No severance pay will be paid to those appointed under this provision. The total service periods that are subject to severance pay, excluding the periods for which severance pay has been previously paid, will be taken into account in the calculation of the total service period subject to severance pay in their new positions, along with salary and leave periods.
NEW POSITION ALLOCATION TO THE PRESIDENCY
At the Presidency's Administrative Affairs Directorate, personnel can be employed in positions titled Presidency Rapporteur and Presidency Rapporteur Assistant, in accordance with the procedures and principles specified in the relevant provision of the Civil Servants Law.
Payments to the Presidency Rapporteurs and Presidency Rapporteur Assistants, respectively, will be made in accordance with the same procedures and principles as those made to the Legislative Experts and Legislative Expert Assistants of the Grand National Assembly of Turkey, based on their positions.
PRESIDENCY RAPPORTEUR AND RAPPORTEUR ASSISTANT
With this proposal, the procedures and principles regarding the transition of those currently working in the Presidency to the positions of Presidency Rapporteur, which are organized as a career profession in the Presidency's Administrative Affairs Directorate, are also being determined.
Accordingly, judges and prosecutors, district governors, legislative experts, and those who have been subjected to a qualification exam after a specific training program will be able to be appointed to the specified central organization positions, provided that they are currently working in the status of temporary personnel with the title of rapporteur at the Presidency's Administrative Affairs Directorate, and that they have a total service period of at least 3 years in the Presidency. They must apply within 15 days from the date the regulation comes into force and, if deemed appropriate, they will be appointed to the positions of Presidency Rapporteur within one month following their application. Those who have a total service period of less than 3 years in the Presidency can be appointed to the position of Presidency Rapporteur under the same procedures and principles after completing this period.
Those who are currently working in the status of temporary personnel at the Presidency and are assistants and interns of central organization positions that have the same or similar qualifications as those specified in the Civil Servants Law will be able to apply within 15 days from the date the regulation comes into force and, if deemed appropriate, will be appointed to the positions of Presidency Rapporteur Assistant within one month following their application.
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PAY ATTENTION TO THE 15-DAY CONDITION
Those who have held positions in the relevant cadre or positions and who are serving as managers in the central organization of the Presidency as of the publication date of this provision, and whose duties have ended, may apply within 15 days from the end of their duties, and they will be appointed to the positions of Presidential Reporter within one month following their application. According to this provision, the periods spent and/or considered to have been spent in managerial, candidacy, assistant, or internship positions under the relevant paragraphs by those appointed to the positions titled Presidential Reporter and Deputy Presidential Reporter will be counted as time served in the positions of Presidential Reporter and Deputy Presidential Reporter. According to this regulation, the positions of those appointed will be considered as established without the need for any further action and will be deemed to have been added to the relevant sections of the cadre tables.
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