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"New rights are coming for civil servants."

30.11.2024 09:10

The bill for amending the Civil Servants Law and certain other laws and decrees has been submitted to the Presidency of the Grand National Assembly of Turkey (TBMM). While the right to return to civil service has been granted to resigning civil servants, the scope of contracted personnel has also been expanded.

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The draft law titled "Law on Amendments to the Civil Servants Law and Certain Laws and Decrees with the Force of Law," bearing the signatures of AK Party members of parliament, has been submitted to the Presidency of the Grand National Assembly of Turkey (TBMM). With this draft, amendments are being made to the Civil Servants Law.



Accordingly, the regulation that allows civil servants who have not received any disciplinary penalties 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 Civil Servants Law and Certain Laws and Decree No. 663.



RIGHT TO RETURN FOR RESIGNED CIVIL SERVANTS



Civil servants who wish to work in international organizations that may qualify as such alongside official institutions of foreign countries, and which will be determined by the President, may also be granted unpaid leave. Thus, a regulation will be made to expand the opportunities for public officials to participate in activities that could be beneficial for the national interests of the country and their professional development without creating any additional financial burden.



Those who have been removed from managerial positions under the relevant articles of Decree No. 375 or whose terms have ended and who have been appointed to relevant positions, and who later voluntarily withdrew from civil service while in those positions, will be appointed back to their previous positions without the need for a security investigation and without requiring any other conditions specified in this provision, provided that it does not exceed two times. 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' staffing charts. If these positions become vacant in any way, they will be deemed canceled without the need for any further action.



UNPAID LEAVE FOR CIVIL SERVANTS' SPOUSES



For the spouses of civil servants who are assigned to international organizations of which Turkey is a member, as well as those working in the overseas units of public capital institutions or organizations, or those who have been assigned abroad for more than 6 months, unpaid leave may be granted for a period not exceeding 3 years during their term of duty.



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 who qualify to take the qualification exam will be held within a maximum of 6 months.



For those who have qualified to take the qualification exam under the provisions of the law prior to 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 the 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 penalties, will be applied without retrospective benefits to those who previously made the transition to the mentioned status under the laws specified in the provision.



SCOPE OF CONTRACTED PERSONNEL HAS BEEN EXPANDED



In the Presidency of Administrative Affairs, contracted personnel may 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 President will be authorized to make contracts. In matters not covered by the Law and the contract regarding contracted personnel, the provisions regarding the employment of contracted personnel according to the Civil Servants Law will be applied. The salary to be paid to those to be employed on a contracted basis will be determined by the Administrative Affairs President, 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 article of the Law. Those temporarily and/or on certain days of the week or at certain hours of the day employed in contracted status will be paid proportionally according to the days or hours worked.



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