25.04.2025 16:53
The bill titled "Law on Amendments to Certain Laws and 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 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, listed one by one.
The proposal for the Law on Amendments to Certain Laws and 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). With this proposal, legal regulations are being made due to the Constitutional Court's annulment of certain provisions of the Decree Law No. 703.
AGE LIMIT OF 35 FOR ENTRY INTO PUBLIC SERVICE
With the amendment to the Civil Servants Law, a 35-year age limit will also be required for appointments made by other public institutions, boards, and organizations established by laws or presidential decrees through special competitive examinations. 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.
3-YEAR CONDITION FOR THOSE WHO LEFT PUBLIC SERVICE
With the amendment to the Law on Jobs That Those Who Have Left Public Service Cannot Do, those authorized for tax audits will not be able to take any position or job in institutions they have directly or indirectly been affiliated with or have influence over, or in which they have conducted audits, for a period of 3 years after leaving their duties, based on the last 3 years from the date of departure. They will also not be able to enter into contracts under the Law on Independent Accountant Financial Advisors and Certified Public Accountants. 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.
REGULATIONS FOR TRT
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, and social assistance, allowances, 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, and may fully purchase or acquire domestic or foreign partnerships or companies, both within the country and abroad. The procurement processes related to all purchases, sales, services, consultancy, construction, and transportation works of the companies established, purchased, or participated in by the Institution, regardless of the share, will not be subject to the Public Procurement Law and the Public Procurement Contracts Law.
TRT TENDERS WILL BE EXCLUDED FROM THE PUBLIC PROCUREMENT LAW
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 based on the principles of transparency, competition, equal treatment, reliability, confidentiality, public oversight, timely and appropriate fulfillment of needs, and efficient use of resources, taking into account the conditions required by broadcasting activities. The procurement processes for all purchases, sales, services, consultancy, construction, and transportation works to be made by the Institution from its own companies or from 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 belonging to TRT or in which it is a partner, with the approval of the General Director. Except for the 12th article 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 WILL BE ABLE TO EMPLOY 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 upon the proposal of the Institution's Board of Directors, taking into account the nature of these civil service positions and management responsibilities, and provided that they do not exceed those in other public institutions. Contracted personnel may be employed in the Institution against positions. Matters such as exams, recruitment, appointments, and promotions for this personnel will be regulated by the Board of Directors. The titles, numbers, cancellation and establishment of positions, salaries, additional indicators to be applied to positions, allowances and compensations, overtime pay, and all financial and social rights to be provided to personnel will be determined by the President upon the proposal of the Board of Directors.
ANNUAL BONUS RIGHTS UP TO FOUR MONTHS' SALARY
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 the alleged crimes 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 the personnel employed in TRT, whether they are permanent or subject to private law, not exceeding the amount of four months' salary, upon the proposal of the General Director and the approval of the Board of Directors.
NEW PROTECTION FOR TRT PERSONNEL'S PERSONAL RIGHTS
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 have been 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 allowances and compensations they have received in the Institution.
DETAIL ON POLITICAL PARTY IN THE DEFENSE INDUSTRY
With the proposal, amendments are being made to the Law on Certain Regulations Related to the Defense Industry. Accordingly, the authorities 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 Conduct of Foreign and Domestic 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, members who will serve in the Public Procurement Authority must not have any relationships with a political party, including membership and holding positions, in the past and currently.
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EXPERTS AND ASSISTANT EXPERTS CAN BE EMPLOYED IN PUBLIC INSTITUTIONS
With the proposal, the procedures and principles regarding the employment of experts and assistant experts in public institutions and organizations under administrative service contracts or labor legislation are determined by the regulation in Decree Law No. 375. Accordingly, without being subject to the provisions of the Law on Civil Servants, experts and assistant experts 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 Law on Civil Servants. The provisions of the Law on Civil Servants will be applied by analogy in the employment of experts and assistant experts. However, those assistant experts who do not submit their theses within the additional time given, or whose second theses are also 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 expert and will be assigned to positions or ranks suitable for their status in their institutions.
PERMISSION FOR FOREIGN PERSONNEL TO WORK
The admission of experts and assistant experts 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 experts and assistant experts subject to labor legislation will be resolved in labor courts. With the amendment made in Decree Law No. 375, it is stipulated that, without being subject to the provisions of the Law on Civil Servants and other laws regarding the employment of contracted personnel, local or foreign personnel can be employed full-time, part-time, or limited to projects under contract in temporary jobs requiring special knowledge and expertise, provided that it is stipulated in the presidential decrees regarding the organization of the presidency, ministries, and other public institutions and organizations.
ADMINISTRATIVE EXPERT 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 exists as a result of the regulations made by presidential decrees in the organizations of public institutions and organizations are regulated, along with the financial and personal rights related to the new positions or ranks they are assigned to. The appointment of those serving in certain positions and ranks specified in Decree Law No. 375 to the administrative expert position in case of their dismissal is regulated. Accordingly, the phrase "Provincial Director of the Employment Agency" is changed to "Provincial Director in 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 in the Turkish Employment Agency in case of termination of their duties or dismissal.
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