Staff: Resources, Promotions, Basic Rights and Applicable Legislation

To the Law no. 657 on Civil Servants, a new section entitled IX - COAST GUARD SERVICES CLASS was added, right after the section VIII - GENDARMERIE SERVICES CLASS (Executive Decree 668 Article 25), as regards the Coast Guard Command’s commissioned and noncommissioned officers.

Law on Civil Servants applies to the basic rights of the Coast Guard Command personnel; as for their nomination and appointment, monthly remuneration and other financial and social rights, the provisions of the Law no. 926 on Turkish Armed Forces Personnel apply, depending on their rank and status (Executive Decree 668 Article 26). As for specialized sergeants, Law no. 3269 on Specialized Sergeants, and for contracted sergeants and privates the Law no. 6191 on Contracted Privates and Sergeants are in force (Executive Decree 674 Article 27). Executive Decree 668 had also mentioned Law no. 3466 on Specialist Gendarmes, but this was later removed by Executive Decree 674, which instead added the status and law for contracted privates and sergeants.

Nomination and promotion to positions of commissioned and noncommissioned officer will be carried out upon the approval of the Ministry of Interior. However, promotions of colonels to the position of commodore, and promotions of admirals to the next rank will be realized via joint decrees. Senior officers whose waiting period in the rank is complete or who are about to be retired due to lack of available positions yet whose services are needed, can be kept in their position with the approval of the Minister of Interior - colonels until the age of 60, and admirals until the age of 65. When deemed necessary, the Minister of Interior can shift any personnel temporarily among the General Directorate of Security, Coast Guard Command and Gendarmerie General Command; allocate or transfer their guns, ammunition, equipment, vehicles and other movables or immovables to one another, free-of-charge. The same article also defines a number of monetary and in-kind payments such as ‘public security compensation’ for overtime work (Executive Decree 668 Article 26).

An additional clause specifies that, depending on domestic security policies and changing security requirements, colonels and higher ranking officers can now be retired with joint decree upon the payment of a compensation for lack of available positions, before the completion of the necessary waiting period (Executive Decree 694 Article 49).

Temporary additional clauses have allocated two more Commodore / Coast Guard Deputy Commander positions to the Coast Guard Services Class (Executive Decree 668 Article 36; Executive Decree 676 Article 39). Furthermore, until the Coast Guard Command becomes self-sufficient in personnel recruitment and training, the Ministry of Interior can request from the Ministry of National Defense admirals, commissioned and noncommissioned officers to serve in commander positions there (Executive Decree 668 Article 36).

Another temporary clause added regulates the demand for personnel. Accordingly, the Coast Guard Command’s demand for military conscripts, whether privates or sergeants, will be met by the Ministry of National Defense for a three year period as per the Law no. 1111 on Military Service. However, this period can be extended if deemed necessary by the Ministry of Interior, and upon a Council of Ministers resolution (Executive Decree 669 Article 112).

Another temporary clause has canceled the personnel procurement activities and status transition procedures which were incomplete as of the date of the executive decree (Executive Decree 674 Article 29).

In the Law no. 657 on Civil Servants, the Article 122, paragraph 1 on the appreciation of achievements and superior achievements, and awards was amended to remove the expression “except the Gendarmerie General Command and Coast Guard Command” from the sentence concerning the powers of the Ministry of National Defense. This is a natural result of the subordination of the Gendarmerie General Command and Coast Guard Command to the Ministry of Interior (Executive Decree 680 Article 36).

1.5.d
Staff: Resources, Promotions, Basic Rights and Applicable Legislation