Public Personnel Regime

Executive Decree 676 Article 75 has made an addition to the Law on Civil Servants Article 125, stating that the following offenses will also be punished by expulsion from civil service to be never reinstated again: “Being in a unity of action with terror organizations, assisting these organizations, employing state means and resources to aid these organizations, and engaging in propaganda for these organizations”

Executive Decree 680 Article 85 has made an addition to Executive Decree 399 Article 45, stating that contracted employees charged with “Being in a unity of action with terror organizations, assisting these organizations, employing state means and resources to aid these organizations, and engaging in propaganda for these organizations” shall be dismissed from state owned enterprises or affiliated partnerships.

Executive Decree 680 Article 83 has made an addition to Executive Decree 375 Article 28, stipulating that public personnel can be assigned to temporary duties in countries where the Turkish Armed Forces are active.

Executive Decree 694 Article 7 has made an addition to the Law on Interior Civil Servants, stating that one has to be younger than 45 to be appointed a civil inspector.

Executive Decree 694 Article 27 has amended the Law on Civil Servants Article 96 on withdrawal in state of emergencies. Previously, civil servants could not withdraw from duty until “their substitutes arrived to take over from them”; now, they cannot withdraw “unless their demand for withdrawal is accepted”.

Executive Decree 696 Article 17-18 has introduced changes to the Law on Civil Servants. These changes stipulate that “non-worker” personnel who has worked “for less than one year or in seasonal fashion”, and other personnel who do not have the right to transferred to other public agencies and institutions after privatization will be given a contractual employee status until they gain the right “to receive old pension or invalidity pension”.

Executive Decree 696 Article 106 has added a paragraph to Article 3 of the Law on the Transfer of Public Employees with Worker Status to Permanent Staff or Worker Staff Positions or Contracted Personnel Status, the Employment of Temporary Workers, and Amendment of Certain Laws, stipulating that the work periods of those who work in temporary worker positions at workplaces under the control of Ministry of Finance and Treasury for less than six months in a fiscal year, can be extended for up to 4 months by the Ministry of Finance.

Executive Decree 696 Article 127 has added temporary articles to the Executive Decree 375, allowing the transfer of the workers of subcontractor companies to permanent worker staff positions. As is known, the government had made announcements prior to the November 2015 General Elections creating an expectation of such a measure amongst the public. However, the said provision leaves out thousands of workers working at the subcontractor companies serving the special provincial administrations, municipalities, various state owned enterprises, and institutions with special budgets. Furthermore, the workers to be shifted to permanent staff positions will have to waiver any past court proceedings and all past rights and acquisitions, and also accept to cover the expenses of such court proceedings themselves. Furthermore, the said workers will have to undergo a security investigation before shifting to permanent staff positions. Finally, since the said provision is being passed by an Executive Decree, the workers falling outside the scope of this article do not have the chance to go to court to demand their right to transfer.

Executive Decree 703 amended the Law no. 657 on Civil Servants, allowing for the appointment of counselors to ministers for providing them consultancy on issues of special import and priority. These counselors are to report directly to the minister and will be deemed dismissed once the minister’s term is over. If they are public officials, they will be returned to their previous place of duty. It became possible to appoint, by means of presidential executive decree, specialists and assistant specialists to the ministries, the central organization -if it falls within its scope of duty-, Higher Education Council, General Staff and the central headquarters of army commands. Provisions were introduced concerning their duties and authorities. Amendments were made as regards the recruitment of inspectors, investigators, controllers and actuaries. It was stated that the necessary requirements for becoming a senior level public official would be set forth by a presidential executive decree, and principles concerning their appointments were established. Certain powers and functions in this regard were shifted from the Council of Ministers, Ministries and other agencies to the President’s Office.