Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Temporary Job Position In Public Employees Sürek

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. KA­MU­DA GE­Çİ­Cİ İŞ PO­ZİS­YON­LA­RIN­DA ÇA­LI­ŞAN­LA­RIN SÜ­REK­

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Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5620.html

Law No. 5620

Acceptance Date: 04/04/2007

Scope Article 1 (1) of this Act;
A) public administrations under the general budget, dated 10/12/2003 and the 5018 Public Financial Management and attached to the Control Law (II) the schedule of special budget administrations and in the (IV) social security institutions in the table with them depending revolving fund, founded by law funds and guarantee funds, institutions established with special laws and services by entities with assistance from the general budget of the transfer order in the conduct of public institutions and organizations,
b) public economic enterprises and its subsidiaries (excluding affiliates), 24 / 11/1994 dated established by 04.02.1924 dated and numbered 406 Telegraph and Telephone Act and the establishment of the public more than 50% of capital present in the context of privatization or program within the framework of the Law on No. 4046 privatization Applications and capital of all the organizations belonging to the Treasury | || c) special provincial administrations, municipalities and their local authorities or they are members of currency unions with the establishment and operation (except the companies established in accordance with the Turkish Commercial Code) and the municipal affiliates,
in accordance with the procedures in the 2006 visa provisional the business position covers a total of 6 months or more temporary workers who have worked for. worked in the same conditions in 2005 or 2006 in military service, labor or health board remaining suspended documented health problems due to labor contracts with the report will be considered under this paragraph.
Temporary workers to permanent workers migrated to the staff or contracted staff
Article 2 (1) of Coverage including temporary workers;
A) of this Law, Article 1 (a) of the factory in the administrations referred to in subparagraph construction sites, workshops, farms, actually working in jobs that need to be workers hand awarded to where the necessity of employing workers such as land to permanent wage workers, while temporary workers outside of them in case requests dated 14/7/1965 and No. 657 on Civil Servants Law of Article 4 (B) of paragraph provisions to according to contract staff positions
b) of this Law, Article 1 (b) of those employed in organizations and institutions referred to in subparagraph continuous working staff || | c) of this Law, Article 1 (c) of those employed in organizations and institutions referred to in subparagraph 3/7/2005 dated and 5393 Municipalities Law is working with the duties mentioned in the third paragraph of Article 49 has been established within the framework of permanent staff in relation to this task team titles if requests with the requirements necessary to be appointed the same paragraph shall in accordance with contracted staff, inappropriate vacancies on the situation with those who meet the qualifications required for appointment airports title team has been established within the framework of permanent staff for their continuous working staff,

Passed. Subparagraph (c) According to the same team title on the basis of the number of contract staff need to be passed to the status of the case is more than the number of vacancies; They migrated to contract staff status, seniority of employees in the temporary worker status, education level, specialized fields and service needs with evaluating the provincial councils, it shall be determined by the municipal council or affiliate management board and union councils.
(2) of this Act administrations within the scope of Article 1 of the temporary workers in institutions as of the date of publication of this Act; depending found that those who are entitled to social security institutions of the age or connected pension for women as of this date 56 men who have completed 58 years of age, geçirilmez constantly working staff or the contract staff status, their employment contracts are terminated will be paid by all legal rights.
(3) the relevant authorities, as a result of determinations made by institutions and organizations, administration related to temporary workers contracted staff projected to be switched to the decision of the institutions and organizations will be notified. Notification made temporary workers, contract or statute passed to the relevant authorities in writing within 15 days from the date of notification regarding the choice to continue working on the current status and informs the institution or organization. administration related to temporary workers who choose to report in the period in question applies the decisions of the institutions.
(4) from the date of publication of this Act, Article 1 of this law; (A) or paragraph (b) of the administrations, institutions and organizations for the latest 90 days, (c) within 120 days for the administration in paragraph; They made their permanent working staff or who will put the contract staff within the business and the position they are in, the total running time in these institutions, social security institutions, subject to the total working hours, date of birth, education level of the last year in which they work with actual working time and passing them suggested the vacant positions bids for titles; Article 1 of subparagraph (a) specified in the administrations of the State Personnel Department and the Ministry of Finance, (b) referred to in subparagraph organizations Treasury (privatization program, the Privatization Administration, the Directorate for those received) and the State Personnel Presidency, (c) specified in paragraph bodies Interior Ministry sent to the Ministry of Finance and .
(5) the relevant authorities, institutions and organizations offer temporary workers as permanent workers to be passed to staff or contracted staff; this Law Article 1 (a) of the administrations under subparagraph State Personnel on the views of the Presidency with the permission of the Ministry of Finance constantly working staff or contract staff status, (b) organizations under item Treasury of (privatization program to the Privatization Administration of for those who received) on the opinion of the State Personnel Presidency permanent workers with the permission of the staff, (c) the institutions under item with the permission of the Ministry of Interior and Ministry of Finance jointly passed to contract staff status or permanent workers.

(6) Permanent workers cadres or primarily concerned administrations for temporary workers to migrate to contract staff status, institutions and agencies of temporary job positions available in the specified organization in visa empty permanent workers staff or contract staff positions with contracted personnel who empty the essential received permanent staff to run used. In the case of permanent workers lack adequate staff or position, is constantly working visa staff or contract staff position for this organization under the relevant legislation. Due to the migration process made pursuant to the fifth paragraph of Article 1 (c) of the number of permanent workers in the institutions and organizations in me, in case of exceeding the number of permanent workers staff located in the staffing norms, exceeding the number of continuous working staff numbers counted were added to the number of permanent staff of the organization. However, this constant number of workers in organizations and institutions, 03.04.2006 dated and 2006/10265 numbered Council of Ministers Special Provincial Administration promulgated by the Council of Norm Staff Principles and the Principles Regarding Standard Interior Ministry put into effect Council and the Local Government Association and Affiliates norm staff Principles and Standards Relating permanent workers cadres vacated until it falls below the number specified in the Regulation shall be deemed canceled.
(7) Permanent workers who migrated to the staff of the authorities, institutions and organizations in Turkey are obliged to obtain their registration with the Employment Agency. Registration of workers to be made, the relevant authorities to provide institutions and organizations with a total of 6 months in 2006, and more time with visas to document that work as workers in temporary positions, 17/7/1964 dated and numbered 506 Social Insurance Law Article 79 in accordance with the Social Insurance Institution of the declared Monthly Premium and Service Documents must be submitted certified copies of the official. Turkey has passed to the staff who made the permanent workers registered with the Employment Agency counted. for action to be taken pursuant to this paragraph shall be paid any expenses Turkey Employment Agency money.
(8) or the migration of permanent workers to staff the status of temporary workers contracted personnel from the date of publication of this Law shall be completed within six months.
(9) with a temporary job positions are empty as of the date of promulgation of this Act shall become vacant due to permanent workers tolls staff or contracted personnel status of temporary job positions shall be deemed canceled without the need for another operation.
(10) Any compensation according to the contractual status of staff who work legislation passed will not be paid. The staff with the exception of paid time pre-retirement benefits, the total length of service is mainly to severance pay, 657 Article 4 (B) the business end of the paragraph is taken into account and the account entitlement to compensation.

(11) due to be passed to the roster of permanent workers temporary job positions according to the provisions of the first paragraph, the existing level of wages of these workers and can not be an increase in other financial and social rights and wage scales changed. This only applies to workers in general wage increases will be determined by collective bargaining agreements in 2007 and subsequent years.
(12) due to the municipality in accordance with this Act to permanent workers staff of employees temporary workers in temporary positions in business or the increase in personnel expenses, merely passed to the contracted staff, the sanctions envisaged in the eighth paragraph of Article 49 of the Municipalities Law No. 5393 does not apply. The workers are employed in temporary positions in business

Article 3 (1) from the date of publication of this Act within the scope of Article 1 of the administration, in organizations and institutions working in temporary positions in business can not be run.
(2) However, seasonal and combating forest fires in the services operated by campaign workers in temporary work visa, including job positions will be less than 6 months in one fiscal year. each fiscal year for workers to be employed in this way;
A) Article 1 of subparagraph (a) specified in the administrations, the Ministry of Finance,
b) Article 1 (b) of specified in sub-organizations, the Treasury of (the Privatization Administration for those in the privatization program) State Personnel from the Presidency on the approval,
c) in their institutions and businesses with Municipalities (Turkey except the companies established according to the Commercial Code) and the local government associations, municipal and Affiliates of the Local Government Association Norm Staff Principles and Standards Relating Regulation Article 24 within the framework of the authorized assembly | || temporary work visas position taken is required. The subject can not be operated without a visa and temporary workers can not be made any payment. Special provincial administrations and in their institutions and enterprises (excluding the Turkish company which is established under the Trade Law) principles and procedures for temporary workers to be invoked under the provisions of this paragraph shall be determined by the Ministry of Interior.

Miscellaneous Provisions Article 4 (1) of the Civil Servants Law No. 657 dated 14/7/1965;
A) Article 4 (B) repealed the second paragraph of the article, in third paragraph "Ministers, the Council of principles will be identified and must" statement was removed from the text and located in the same paragraph "General Command of Gendarmerie and the Ministry of Defense" will "this Law shall be subject in the public administration"; and the end of the aforementioned clause "to be applied in contracted personnel selection exam with exceptions, they paid could be given the upper limit of wages the business end of the amount of compensation, permission will be granted and the principles and procedures related to this issue the Council of Ministers decided." paragraph has been added .
B) Article 4 (D) of the first sentence of the paragraph is amended as follows.

"(A), (B) and (C) other than those specified in paragraphs and about the allocated continuous working staff in accordance with regulations and permanent workers who run with indefinite-term employment contract, seasonal or campaign work or temporary according to the legislation in services to combat forest fires to be less than six months in the job positions are temporary workers employed on fixed-term employment contracts. "
(2) 25/6/2001 dated 4688 Public Servants Trade Unions Act Article 3 of paragraph (a) in the" position of permanent way, "the phrase "in the contract staff position" it has been changed to.
(3) 22.01.1990 dated and 399 numbered Public Enterprises Personnel Regulating Regime and 233 of Law Decree Decree Decree Law on the Repeal of Certain Provisions Article 26 first paragraph of the article has been amended as follows.
"Basic wage, contracted staff title, education level, job requirements, work and working conditions are determined attempt and its associates in taking into consideration."
Permanent workers staff or contracted staff to pass any specific staff
TEMPORARY Article 1 (1) because they carry the conditions laid down in Article 1 of this law can not be transitioned to permanent workers staff or contracted staff and this Law Article 3 is not covered by the temporary workers of the authorities, agencies and institutions in one fiscal year 6 month minimum, including and Article 3 of this Law will be as specified in the visa procedure may continue to be employed in temporary positions.
(2) Contractual staff status to pass those who accept in Article 3 of this Act not to exceed the working time in 2006 will be a visa according to the specified procedures, they shall continue to be employed in temporary positions.
(3), however; The first and second paragraphs of this article to which the social security institutions falling within the scope of the date they are entitled to connect to old age pension or employment contracts are terminated will be paid by all legal rights.
(4) of this Article any of temporary work visas for temporary workers, the net position is therefore deemed to have been canceled within the scope of this position appeared in the discharge.
Who terminated the employment contract

PROVISIONAL ARTICLE 2 (1) 28.5.1986 dated and No. 3291 No. 1211 Turkey's Central Bank Act, 3182 No. Banks Act, 2983 Promotion of the No. Savings and the Law on the Acceleration of Public Investment, 2985 Housing Act, 7 / 11/1985 and No. 3238 Law No. 2499 on Capital Markets Amendment of the Law and 1177 numbered Tobacco and Tobacco Monopoly Law Repeal certain Provisions and Public No. 4046 in accordance with the Law and the Law on Privatization of Economic Enterprises Privatization Administration affiliated organizations (excluding affiliates) 01/01/1992 to 20/10/2004 for the date of the privatization process carried out between the labor Law as a result of the subject permanent or temporary workers (except for excluded staff), dated 20/10/2004, published in the Official Gazette dated 03.05.2004 and 2004/7898 of Ministers Decision of the Council as specified in Article 1 of additional Main bargaining, 01.01.1992 to the Law of the publication date of thirty days in those terminated by either public or private, from any social security institutions as of the date of application retirement or old-age pension If they qualify for Privatization Administration Presidency requested that the documents are employed in accordance with the provisions in the Principles referred to in the case to submit to the Privatization Administration within sixty days from the date of publication of this Act.
PROVISIONAL ARTICLE 3 - (1) entering the profession-specific competitions, and fixed-term vocational training after a special qualifying exam for the inspectorate to assigned No. 399 Decree on the addition of (1) the schedule located inspector or chief inspector titled serving in staff or those who have made No. 4046 Law because of transport operations carried out in accordance been assigned to these staff prior to the date 07/21/2005 and is currently in the staff that transferred employees, upon their request, to be assigned to the brokerage they work within 30 days of Law No. 4046 of Article 22 in accordance with the inspector staff as reported to the State Personnel Presidency. In this way, those assigned to a new team, the rights attached to the person of the rights and / or compensation for the difference in staff continued application of Article 22 of Law No. 4046 shall continue rights in sixth paragraph. However, the party does not acquire the rights attached to the relevant appointments made pursuant to this article and realize the principles of remuneration of the staff and positions prior to the determination of compensation increase or the result of the resumption of time to benefit from the rights attached to the person.
Provisional Article 4 (1) the implementation of this Law, dated 26/12/2006 and numbered 5565 2007 restrictions on 24 and Article 25 of the Central Government Budget Law does not apply.

Enforcement Article 5 (1) This Law shall enter into force on the date of publication.

Execution Article 6 (1) of this Act shall be enforced by the Council of Ministers.