26.04.2025 11:20
A bill titled "Law on Amendments to Certain Laws and the Decree Law No. 375," bearing the signatures of AK Party members of parliament, has been submitted to the Presidency of the Grand National Assembly of Turkey (TBMM). The bill aims to make legal arrangements following the Constitutional Court's annulment of certain provisions of Decree Law No. 703. The proposal also includes new rights for TRT employees.
The draft law titled "Some Laws and the Law on Amendments to the Decree Law No. 375," signed by AK Party members of parliament, has been submitted to the Presidency of the Grand National Assembly of Turkey (TBMM). The proposal outlines the new conditions to be introduced for individuals who will become civil servants in state institutions, as well as the changes to be made regarding the rights of personnel working in these institutions.
35-YEAR AGE LIMIT BECOMES A CONDITION FOR PUBLIC RECRUITMENTS
With the amendment to the Civil Servants Law, a 35-year age limit will also be sought for recruitments to be made by other public institutions, boards, and organizations established by laws or presidential decrees, through special competitive examinations for the profession. According to the regulation in the Law on the Establishment and Operation of the Court of Disputes, the president of the court of disputes will be selected from among its members by the Constitutional Court.
THOSE WHO LEAVE PUBLIC SERVICE WILL WAIT 3 YEARS
With the amendment to the Law on Jobs That Those Who Leave Public Service Cannot Do, those authorized for tax audits will not be able to take any position or job in institutions where they have conducted audits on taxpayers or those directly or indirectly connected to them, for a period of 3 years from the date of their departure from duty. They will also not be able to arrange contracts under the Law on Independent Accountancy and Financial Advisory and the Law on Certified Public Accountancy. The proposal also includes amendments to the Law on the Establishment of the Information Technologies and Communications Authority. Accordingly, the appointment conditions for the members of the Information Technologies and Communications Board will be regulated. Board members will be required to meet the conditions in the Civil Servants Law and must not have held positions in the management and supervisory bodies of any political party or must have resigned from such positions.
TRT CAN ESTABLISH JOINT VENTURES WITH DOMESTIC AND FOREIGN PARTIES
With the regulation in the Turkish Radio and Television Law, the General Director of TRT will be paid the monthly salary and contract fee, including bonuses, received by the highest-ranking civil servant. In monthly payments, additional indicators, seniority, base salaries, as well as social assistance, increases, and compensations will be taken into account. With the amendment in the same law, the TRT Board of Directors will be able to establish companies subject to private law, as long as it is in line with the institution's objectives, and can also form partnerships with domestic or foreign real or legal persons. The Board of Directors may participate in existing partnerships or companies, as well as fully purchase or acquire domestic or foreign partnerships or companies, both within the country and abroad. The procurement, sales, services, consultancy, construction, and transportation processes related to any company established, purchased, or participated in by the institution, regardless of its share, will not be subject to the Public Procurement Law and the Public Procurement Contracts Law.
TRT IS GIVEN PRIORITY IN TENDERS
All procurement, sales, services, consultancy, construction, and transportation works of the institution, as well as the tender processes related to these matters, will be regulated by a regulation, taking into account the conditions required by broadcasting activities, based on principles of transparency, competition, equal treatment, reliability, confidentiality, public oversight, timely and appropriate fulfillment of needs, and efficient use of resources. The tender processes for all procurement, sales, services, consultancy, construction, and transportation works that the institution will carry out with its own companies or companies it is a partner in will not be subject to the Public Procurement Law and the Public Procurement Contracts Law. The procedures and principles regarding this will be determined by the proposal of the General Director and the decision of the Board of Directors. Institution personnel may be assigned as the chairman and/or member of the Board of Directors of companies owned by TRT or in which it is a partner, with the approval of the General Director. Except for Article 12 of the Decree Law No. 631, the fees to be paid to these individuals will be determined by the board of directors of the company they are assigned to. The personnel in question will continue to have their positions and relationships, and they will continue to receive their rights related to this position.
TRT'S DOORS ARE OPENING TO CONTRACTED PERSONNEL
According to the proposal, the additional indicators to be applied to the positions included in the General Administrative Services class will be determined by the President, based on the proposal of the institution's Board of Directors, considering the nature of these civil service positions and management responsibilities, and provided that they do not exceed their counterparts in other public institutions. Contracted personnel may be employed in positions corresponding to the cadre in the institution. Matters such as exams, recruitment, appointments, and promotions for this personnel will be regulated by the Board of Directors. The titles, numbers, cadre cancellations and creations, salaries, additional indicators to be applied to the cadres, position and duty compensations, special service compensations, overtime pay, and all financial and social rights to be provided to the personnel will be determined by the President based on the proposal of the Board of Directors.
BONUS RIGHTS ARE INCREASING
According to the provisions of the Code of Obligations, personnel subject to private law may also be employed. Personnel subject to private law may be assigned to managerial positions. Investigations regarding crimes allegedly committed by the personnel of the General Directorate in connection with their duties will be conducted according to the Law on the Prosecution of Civil Servants and Other Public Officials, and the investigation permit for these will be granted by the General Director. A bonus may be granted to permanent or private law personnel working at TRT, not exceeding the amount of four months' salary per year, upon the proposal of the General Director and the approval of the Board of Directors.
ANOTHER PRIVILEGE FOR TRT PERSONNEL
Real estate belonging to public administrations and places under the jurisdiction and disposal of the state may be allocated to TRT free of charge for use in its duties and activities. Personnel who are transferred as surplus personnel by TRT and appointed to a position subject to the Civil Servants Law in other public institutions and organizations will continue to receive their monthly salaries, bonuses if any, and all kinds of increases and compensation rights they had in the institution.
A POLITICAL PARTY CONDITION IS INTRODUCED FOR THE DEFENSE INDUSTRY
The proposal includes amendments to the Law on Some Regulations Related to the Defense Industry. Accordingly, the powers granted to the Minister of National Defense in the Law on the Sale, Donation, Transfer, and Disposal of Surplus Goods and Services of the Armed Forces; the Law on Domestic and Foreign Purchases on Behalf of Other States; and the Law on Training Foreign Personnel will belong to the President for the projects carried out by the Presidency. A security clearance will not be required for the personnel of the Presidency according to the Defense Industry Security Law. With the regulation made in the Public Procurement Law, it will be required that members who will serve in the Public Procurement Authority do not have any relationships with a political party, including membership and holding positions, in the past and currently.
A "SPECIALIST" TITLE WILL BE INTRODUCED IN THE PUBLIC SECTOR
With the proposal, the procedures and principles regarding the employment of specialists and assistant specialists under administrative service contracts or labor legislation in public institutions and organizations are determined by the regulation in Decree Law No. 375. Accordingly, without being subject to the provisions of the Civil Servants Law, specialists and assistant specialists can be employed under administrative service contracts or labor legislation to work on matters within the scope of the institution, provided that it is stipulated in the presidential decrees regarding the organization of public institutions and organizations that do not employ personnel under the Civil Servants Law. The provisions of the Civil Servants Law will be applied by analogy in the employment of specialists and assistant specialists. However, those assistant specialists who do not submit their theses within the additional time given, or whose second theses are not accepted, those who do not succeed in the second exam or do not use their exam rights, and those who do not meet the foreign language proficiency requirement will lose the title of assistant specialist and will be assigned to positions or ranks suitable for their status in their institutions.
FOREIGNERS WILL BE ABLE TO WORK IN THE PUBLIC SECTOR
The admission of specialists and assistant specialists to the profession, their examinations, qualifications, training, and other matters related to their employment will be determined by the regulation to be issued by the institutions. All disputes regarding specialists and assistant specialists subject to labor legislation will be heard in labor courts. With the amendment made in Decree Law No. 375, it is stipulated that, without being subject to the provisions of the Civil Servants Law and other laws regarding the employment of contracted personnel, in temporary jobs requiring special knowledge and expertise, local or foreign personnel can be employed full-time, part-time, or limited to projects under contract, provided that it is stipulated in the presidential decrees regarding the organization of the presidency, ministries, and other public institutions and organizations.
ADMINISTRATIVE SPECIALIST POSITIONS FOR THOSE UNDER THE DECREE LAW
With the proposal, the transfer procedures of personnel assigned to other institutions or units according to the provisions of the relevant presidential decree regarding the duties of the institution or unit where the position or rank is located, as a result of the regulations made by presidential decrees in the organizations of public institutions and organizations, as well as the financial and personal rights related to the new positions or ranks they are assigned to, are regulated. The appointment of those serving in certain positions and ranks specified in Decree Law No. 375 to the administrative specialist position in case of dismissal is regulated. Accordingly, the phrase "Provincial Director of the Employment Agency" is changed to "Provincial Director at the Turkish Employment Agency." As of November 24, 2023, the provisions regarding personal rights in the temporary 45th article of Decree Law No. 375 will be applied to those who hold the position of provincial director at the Turkish Employment Agency in case of termination of their duties or dismissal.
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