Principles of employing contracted personnel have been rearranged

Principles Concerning Amendments to the Principles Regarding the Employment of Contracted Personnel were published in the Official Gazette. With the decision signed by President Recep Tayyip Erdoğan, the principles regarding sick and accompanying leaves, disciplinary procedures, starting periods, training and vacant positions of contracted personnel were rearranged.

Sick and accompanying leave provisions, other than the fourth and fifth paragraphs of Article 105 of the Civil Servants Law No. 657, will also be applied to contracted personnel by analogy within the framework of the same procedures and principles. The temporary disability allowance paid by the Social Security Institution due to illness will be deducted from the personnel's wages.

Failure to start work when the maximum sick leave period expires was included among the reasons for termination of the contract. Termination of employment compensation will not be paid to personnel whose contracts are terminated or not renewed and to those appointed to civil servant positions within the scope of Article 4 of Law No. 657.

Payments will be made in advance at the beginning of each month. If the employee leaves his/her job before the end of the month, the amount corresponding to the remaining days will be refunded. This amount will not be refunded in case of appointment to a civil servant position, pension in accordance with Law No. 5510, or death of the personnel.

Disciplinary provisions and penalties for civil servants will be applied by analogy to the disciplinary actions and situations of contracted personnel. Competent authorities and disciplinary boards will also be determined according to the same principles. The monthly deduction penalty will be applied by deducting between 1/30 and 1/8 from the total of all payments depending on the position of the employee.

In cases of acts and situations that require suspension of promotion or a more severe penalty, the personnel may be dismissed from duty with the decision of the disciplinary board and the approval of the supervisor authorized to appoint. Provisions regarding civil servants will be applied by analogy in dismissal.

Failure to start work on time without a compelling reason that can be proven by documentation, or failure in any of the basic training, preparatory training or internship periods will also be among the reasons for termination of the contract.

Contracted personnel who will start working for the first time or who will move to their new position with a change of location within the institution and will work in the same place will start working on the business day following the notification. Those who will work elsewhere will start working on the business day following the end of the 15-day period from the date of notification.

Contracted personnel employed within the scope of Article 4 of Law No. 657 will be provided with basic training, preparatory training, internship and in-service training, without prejudice to the provisions of the special legislation. Those who successfully complete these trainings while working as contracted personnel will not be subjected to the same training again when they are appointed to the civil servant staff.

Staff employed before the regulation comes into force will be excluded from the new training provision. Sick leaves used before the effective date will not be taken into account when calculating the maximum sick leave period.

Contracted positions vacated by personnel appointed to civil servant positions will be deemed to be canceled without the need for any further action. Canceled positions will be reported to the institution where the Public Personnel Information System is located, along with organizational and unit information.