The civil servant law is changing! Here is the proposed offer.

The bill titled "Law on Amendments to the State Personnel 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 bill, amendments are being made to the State Personnel 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 State Personnel 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 have the same qualifications alongside official institutions of foreign countries, as 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 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, provided that it does not exceed two times. The positions of those appointed under this provision will be created without the need for any further action and added to the relevant sections of the institutions' position lists. 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

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

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 that they work for at least 3 years and that the expertise thesis they 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 a maximum of 6 months.

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 envisaged for conducting 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 that they do not receive any disciplinary penalties, will be applied without retrospective benefit to those who previously made the transition to the mentioned status within the framework of the laws specified in the provision.

Powers and Duties of Auditors

With the bill, in line with the Constitutional Court's annulment decision, 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 Related to 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 affiliates of these institutions and organizations.

The provision titled "Duties and Powers of Auditors" is also regulated in accordance with the Constitutional Court's decision. Accordingly, auditors will have the authority to conduct audits, examinations, research, and investigations on matters assigned to them through approval of duties and/or group work programs; correspond with institutions, organizations, and other real and legal persons regarding the subjects they are assigned to; request information and documents; prepare reports and make statements at Board meetings; perform duties assigned by legislation; and carry out tasks assigned by the Board President and relevant Board members. Board members 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.

REARRANGEMENT OF SUSPENSION FROM DUTY

According to the newly arranged provision titled "Suspension from Duty," the relevant Board member or auditor may propose to the competent authorities the application of the suspension measure for officials at all levels and ranks who exhibit behaviors that hinder or obstruct 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, the Board President, and other relevant parties.

If the reason for the suspension from duty ceases to exist during the audits, or 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, the person 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.

PRESIDENCY OF ADMINISTRATIVE AFFAIRS OF THE PRESIDENT

With the bill, amendments are being made to the Law on Certain Regulations Regarding the Presidency of Administrative Affairs of the President in line with the Constitutional Court's decision. Accordingly, promotions for judges and prosecutors will be made in due time without the need for any other action. Those among the permanent staff whose services are no longer needed will be appointed to positions suitable for the situations of other public institutions and organizations. The relevant institutions will carry out the appointment processes as soon as possible within the framework of general provisions. If there are no vacant positions suitable for their situations, the positions in question will be deemed to have been created automatically without the need for any further action along with the appointment process. If these positions become vacant for any reason, they will be deemed canceled automatically without the need for any further action.

Personnel assigned temporarily, whose services are no longer needed, may be sent back to their institutions or have their duties terminated before the end of their term. 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.

THE SCOPE OF CONTRACTED PERSONNEL HAS BEEN EXPANDED

In the Presidency of Administrative Affairs, contracted personnel can be employed without adhering to the provisions of the Civil Servants Law or other laws. The President of Administrative Affairs 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 President of Administrative Affairs, taking into account criteria such as the nature of the duty and the qualifications of the person to be employed, not exceeding three times the contract salary ceiling currently applied for those employed under the relevant clause of the Law. Those temporarily and/or contracted to work on certain days of the week or at specific hours will be paid in proportion to the days or hours worked.

SALARY CEILINGS ARE CHANGING

In this context, the salary ceiling to be paid to contracted IT personnel will be determined up to five times the contract salary ceiling 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 graduate 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 faculties of arts and sciences, education, and educational sciences, and from departments providing education in computer and technology, as well as statistics, mathematics, and physics, or from foreign higher education institutions whose equivalence is recognized 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 to know at least one of the current programming languages.

CONTRACTED PERSONNEL CAN BE ASSIGNED TO ANOTHER INSTITUTION

According to this provision, contracted personnel employed whose services are no longer needed may be assigned to positions in other public institutions and organizations that are suitable for their status under the Law, if deemed appropriate. The appointment proposal for these personnel will be made by the Presidency of Administrative Affairs. The personnel's appointment procedures will be concluded within 15 days by the institution or organization to which the appointment proposal is made. Until the appointment process is completed, they will continue to receive their contract salaries and other financial rights from the Presidential budget.

A NEW ERA IN THE RIGHTS OF CONTRACTED PERSONNEL

The positions of those to be appointed in this context will be considered established as of the date of the appointment process, without the need for any further action, in terms of the title, number, qualifications, contract salary, and durations specified in the appointment proposal. Except for the positions of contracted personnel whose service contracts are terminated due to birth, adoption, or military service, the positions established under this provision will be deemed canceled without any further action in the event of any vacancy. Those appointed in this context will not be paid severance pay. 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, as well as in the calculation of salary and leave periods.

CONTRACTED PERSONNEL IN THE PRESIDENCY

In the Presidency of Administrative Affairs, personnel can be employed in positions titled Presidential Rapporteur and Presidential Rapporteur Assistant, in accordance with the procedures and principles specified in the relevant provision of the Civil Servants Law.

Payments to Presidential Rapporteurs and Presidential Rapporteur Assistants, respectively, will be made in accordance with the same procedures and principles as those made to TBMM Legislative Experts and Legislative Expert Assistants, as foreseen in their legislation regarding financial and social rights and benefits, as well as other personal rights.

PRESIDENTIAL RAPPORTEUR AND RAPPORTEUR ASSISTANT

With the proposal, the procedures and principles regarding the transition of those currently serving in the Presidency to the positions of Presidential Rapporteur, which are organized as a career profession in the Presidency of Administrative Affairs, are also being determined.

Accordingly, judges and prosecutors, district governors, legislative experts, and those who have obtained their qualifications after being subjected to a qualification exam following a specific training program may be appointed to the specified central organization positions, provided that they are currently serving in the Presidency as temporary personnel with the title of rapporteur. Those who have served in the Presidency of Administrative Affairs for a total of at least 3 years may apply within 15 days from the date the regulation comes into force and, if deemed appropriate, may be appointed to the positions of Presidential Rapporteur within one month following their application. Those whose total service periods in the Presidency are less than 3 years may be appointed to the position of Presidential Rapporteur in accordance with the same procedures and principles after completing this period.

THE 15 CONDITION HAS BEEN INTRODUCED

Those who have served in positions with the same or similar qualifications as the central organization positions specified in the Civil Servants Law, as assistants and trainees, and who are currently serving in the Presidency as temporary personnel, may apply within 15 days from the date the regulation comes into force and, if deemed appropriate, may be appointed to the positions of Presidential Rapporteur Assistant within one month following their application.

Those who have previously held such positions and are currently serving as managers in the central organization of the Presidency as of the date of publication of this provision may be appointed to the positions of Presidential Rapporteur within one month following their application, provided they apply within 15 days from the date their duties end.

According to this provision, the periods spent and/or considered to have been spent in positions or roles covered by the relevant paragraphs, including the periods of management, candidacy, assistance, or internship, for those appointed to the positions titled Presidential Rapporteur and Deputy Presidential Rapporteur will be counted as time served in the positions of Presidential Rapporteur and Deputy Presidential Rapporteur. According to this regulation, the positions of those appointed will be deemed to have been established without the need for any further action and will be considered added to the relevant sections of the position tables.