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. Extra Payments Under Different Names Officers And Without Contract

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. DEĞİŞİK ADLAR ALTINDA İLAVE ÖDEMESİ BULUNMAYAN MEMURLARA VE SÖZLEŞM

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5473.html

Law No. 5473
Acceptance Date: 21/03/2006

ARTICLE 1 - dated 27/06/1989 and the provisions of the Decree Law No. 375 has added the following additives.
"Additional Article 3 - The Constitutional Court, Supreme Court, Supreme Administrative Court, the Court of Auditors, the Supreme Election Board, Ministry of Justice, Ministry of Interior (including the Guarantee Fund), the Ministry of Education, Public Works and Housing, Ministry of Transportation, Ministry of Agriculture and Rural Affairs, Energy and Natural Resources, Ministry of Culture and Tourism, Ministry of Environment and Forest Ministry, Defense Industry Undersecretariat, the European Union General Secretariat of the Presidency of Religious Affairs, Ataturk Culture, Language and History High Agency with its affiliates, Turkish Patent Institute, GAP Regional Development Administration Chairman of the Special Environmental Protection Agency, the Ministry of National Defense Fuel Supply and NATO POL Facilities Enterprise Department, the higher Education Council, universities and high technology institutes, Police Headquarters, State Hydraulic Works, Highways General Directorate of Land Registry and Cadastre General Directorate of Forestry General Directorate of Agricultural Reform General Directorate of Petroleum Affairs General Directorate of Social Services and Child Protection Agency General Directorate of Press and Information General Directorate of Youth and Sports General Directorate of Foundations General Directorate of Civil Aviation Directorate General of State Opera and Ballet General Directorate of State Theaters General Directorate of Electrical power Resources Survey and Development Administration General Directorate of Bank of provinces General Directorate, Turkey and the Middle-East Public Administration Institute Headquarters, General Directorate of Mineral Research and Exploration, the provincial special administrations, municipalities and their affiliates, special provincial administrations and if by the central and regional offices of the Ataturk Forest Farm management and local administration units established by the municipality in which the revolving staff of 657 officers month of the employed civil servants according to the Law No. 2802 on Judges and Prosecutors Law and 2914 numbered Higher Education Personnel in the fields according to the law, officers, contracted officers, noncommissioned officers, contracted noncommissioned officers, special officers and sergeants to experts, 1/1/2006 - 30/6/2006 between the index figure of 950, since 1850 the index figure of 1/7/2006 officer in amount to be determined by multiplying the coefficient applied to monthly additional payments are made each month.
The staff within the scope of the first paragraph; The weave in all grades and types and adult education institutions in working administrators and teachers with social service agencies in the task to those who benefit from actually making the course provision of supplementary course fee, except for the teachers, additional Article 2 of the decree in this Law, 06/19/1979, dated 2252 Law No. 4 of article, 04.16.2003 dated and 4848 numbered Law of the third paragraph of Article 32, dated 1/5/2003 and 4856 third paragraph of Article 35 of the Law, 22/02/2005, dated 5302 Law No. 63 third substance, 10/11/2005 dated and 5431 numbered Law who benefit from the payment provided for in the last paragraph of Article 25 of the authorities, the high judge, who benefit from representation or duty compensation, staffing provisions of those contracts as employment, openly to staff, who moved mandate outside the organization or inside institutions the task will not be paid because of the power of attorney according to the first paragraph. administrative or other reasons, to be paid monthly or periodically in accordance with the provisions of the relevant legislation of such payment does not result in the payment in accordance with paragraph at this time.

Staff mentioned in the first paragraph of the previous year (including 2005); Dated 06.03.1938 and the second paragraph of Article 1 of Law No. 3423, dated 12.21.1967 No. 969 and the third last paragraph of Article 3 of the Law, Article 58 of Law No. 2547, dated 4/11/1981, 4/2 / 1983 and 2797 numbered Law of the fifth paragraph of Article 55, 24/5/1983 dated and Law No. 2828, Article 19 of the eleventh paragraph of the article, 04.25.2001 dated and 4652 numbered Law who benefit from the payment provided for in the last paragraph of Article 29 and 8/5 / 1991 and the 3717 Law No. 2 Article in accordance with the way the compensation of those who paid the amount invested in state-owned banks as a half Bezm-i Alem Sultana Foundation Gureba Hospital revolving fund contributions revolving funds to those paid not paid in accordance with paragraph. However, those who benefit from the payments mentioned in the previous year with the previous year 14.04.1982 dated the staff are not covered by the first paragraph and the 2659 Law No. who paid according to Article 30 and the Ministry of Health central organization of 4/1/1961 dated excluding staff and 209 No. 5 of the Act to those paid according to the article, the payments made in the previous year according to the provisions mentioned in this paragraph the total net amount to, payments anticipated to be done in accordance with paragraph after reaching a total net amount will begin to be paid in accordance with paragraph. Those who benefit from the above mentioned payments in the same year will be held on December 15, payment shall be paid by the next year to cover the period January 1 to January 14 day account. This way you will be paid for, judicial and health institutions attached to the Ministry of Health Medicine Institute staff who returns to the team from the capital budget is done.
Payments to be made under the first paragraph of this article force law prior to the date reserved, depending on the party held does not count the rights attached to the person to, in terms of staff benefiting from the application of the compensation realized in accordance with the relevant legislation does not result in the increase of the previous staff or the position of the charge. This pay difference on staff benefiting from the compensation practices applied by taking into account differences in the compensation account in determining the financial rights to their new positions on the basis of the relevant provisions above.
Additional payment for the acquisition of rights and apply the provisions relating to the monthly payment of stamp duty and excluding the additional payments are not subject to any deduction. additional payments to be made under this Article, the time that is being paid in accordance with the relevant legislation, compensation, benefits, working capital shares, bonuses, fees, and no matter under what name will not be taken into account in the calculation of each such payment made.
From the date of entry into force of this article; The Ministry of Health of the central organization in the staff 4/1/1961 dated and 209 of Law No. 5 of the Article, 09.02.1971 dated 1479 third paragraph of the Law Article 7, 10.10.1984 dated and No. 3056 of the first paragraph of Article 31 the second sentence of Article 39 of Law No. 3146 dated 9/1/1985 of the last paragraph of Article 32 of Law No. 3254 dated 08.01.1986 / D substance, dated 24.6.1994 and Article 56 of Law No. 4009 (a) paragraph, of Law No. 4059 dated 09.12.1994 additional Article 1 of Law No. 4077 dated 23.02.1995 Article 29 of Law No. 4458 dated 27/10/1999 and Article 222, 2/5/2001 Law No. 4668, dated the fifth paragraph of Article 17, Law No. 4848 dated 04.16.2003 of the third paragraph of Article 32, No. 4856 dated 1/5/2003 and the third paragraph of Article 35 of the Law dated 25.06.2003 4904, the last paragraph of Article 15 of the Law, 07/29/2003 dated and 4958 numbered Law Article 17, the fifth paragraph and 03.03.2004 dated 5102 Law No. 5 in approvals related to payments made under Articles can not be changed without the approval of the Ministry of Finance . In these approvals, the strengthening of the payments made to staff on 1/1/2006 historical changes that occurred between the date of entry into force of this Article shall not apply.
Except
Staff contracted personnel, not to exceed the amount specified in the first paragraph of contract staff employed in different status and under this Article, the status and institutions whether or not to pay, considering determine the additional amount to be paid in associating with the contract fee, charges high the Board, for those determined by the planning Committee, Council of Ministers is authorized to others. excluding the additional payment of stamp duty and not subject to any tax deduction.
Ministry of Finance to eliminate the uncertainties that may arise regarding the application of this article is authorized. "
" Additional Article 4 - 25/6/2001 dated 4688 Public Servants' Trade Unions is a member of the union of public servants in accordance with the provisions of the Act, membership itself fee is cut public officials, unions are given allowances amounting to YTL 5 for each month in which the said interruption.
This payment is not subject to any tax or deduction other than stamp duty and the time that is being paid in accordance with the relevant legislation, compensation, benefits, working capital shares, bonuses, fees and under whatever name is not taken into account in the calculation of similar payments whatsoever. "| || "additional Article 5 - Law No. 657 dated 14/7/1965 and the additional 8 and 9th addition, Law No. 4208, dated 13.11.1996 Article 3 of Law No. 2547 dated 4/11/1981, and 38, 40 and Article 41, except and dated 13/10/1983 and 08/17/1983 dated and who are appointed according to the 2879 numbered Law with the 2919 Law No. security officers and medical staff with the appointment of teachers and social service institutions acting in other institutions in accordance with relevant legislation or temporary as appointed and staff salaries field officers or public officials from their institutions or organizations, by proxy or temporarily the benefit of the staff of institutions in which they work, and any specified may be paid also to the staff involved in the relevant legislation, compensation, overtime pay and benefit from the other payments. "
Article 2-375 Legislative Decree No. Decree added the following temporary items.
"Provisional Article 9 - until a new arrangement is made, the Student Selection and Placement Center made by the central system exam in the application / preferences depend on the Ministry of Education to carry out the services of schools and institutions of staff assigned by offices, or schools for each contact record institutions will be the candidate directorates application / preferences half of the service fee is paid without being subjected to any taxes and deductions. aforementioned cost of the other half is transferred to the school depending on where in the county before the national education offices opened account to be used in urgent need of schools. application / preference service charge to be made to staff with collection the basis of payment and procedures Ministry of Education and the Student Selection and Placement Center Presidency is determined to be signed between the protocol. "
Article 3 - Civil Servants Law No. 657 dated 14/7/1965;
A) Article 4 (B) of the third paragraph of me, "the interpreter;" to come after the phrase "in cases of failure of the Ministry of Education needs teachers resulting in permanent staff closed by permanent teachers employed teachers;" phrase is added.
B) The third paragraph of Article 86 of the "cadres" to come after the phrase "the consent of the Ministry of Finance (a condition in local governments permit is not required) and" has been added.
C) the third paragraph of Article 146 "6000 index figure" to come before the words "10,000 for legal advisors and lawyers, for others" will be added, and is located in the fourth paragraph "allowances" to "other payments" has been changed to.
D) of Article 152 "II-Compensation" section of;
1 ") Specialty Service Compensation" section (c) of paragraph (1) of article in the "145% on the" to "168% of" as amended and added the following paragraph to the end of the same subsection.
"Technical Services Class to include staff in which staff from the open work spaces in the actual work, the prevailing cadres have been suspended, the proportions studied will be determined for each day and the sum of the quarterly periods not to exceed 60 points, period an additional custom service compensation granted to be paid at the end. "

2 "C), Religious Services Compensation" section of (a) and (b) contained in the paragraph "to 140%", "55%", "53%" and "49%" phrases, respectively, "the 165%", "80%", "78%" and the "74% to"; and that section of the following paragraph (c) is added.
"C) the availability of Religious Affairs of the central and regional offices of the General Administration Services Division to include staff (a) and (b) other than those mentioned in paragraphs staff also 25%,"
3 "D) Safety Services compensation "section (a) of paragraph (2), (3), (4), (5), (6), (7), (8), (9) and (10) is lower situated compensation rates in paragraphs 25 'er points with an increase, (b) the paragraph in the "% to 52" to "% to 72" has been changed to. located in
4 last paragraph "(G subparagraph (c) other than those listed during)" the phrase "(C and D sections (c), except those listed in paragraph)" has been replaced with.
e) the first and second paragraphs of Article 176 is amended as follows.
"according to the article 89 of this law to their teaching assignment given course 140 for the teaching day and per hour, in formal and non-formal education in the semester and summer holidays, Saturdays and Sundays and at 18.00 after beginning training activities 150 index figures determined in accordance with this Law pension coefficient with additional tuition costs over the amount of a product is paid.
These fees with special needs students' education and teachers in institutions that see education and administrators for these students opened a special class teachers and prisons are paid more than 25% of the teachers. "
F) 202 Article in the second paragraph of "250" digits "1500", "50" numeral "250", "5 times" phrase is "3 times" has been changed to.
g) Annex (II) of Annex Display the ruler of the "I- Prime Ministry in" section located "Ministry Provincial Director (Ankara, Istanbul, Izmir), Treasurer, Public Works and Housing Manager (Ankara, Istanbul, Izmir)" to "county Administrative Board members of the Ministry of Provincial Director of Ankara, Istanbul and other Ministry Provincial Director in Izmir" form It has been changed.
v) attached (IV) Executive Compensation Table in the following order of Article 8 (d) has been added.
"d) at least a four-year finished the faculties or colleges of higher education, fixed-term entering the profession-specific competition exam after vocational training has been successful in a special qualifying examination, assigned to the first grade team and direct the mayor or general manager on behalf of the inspection, supervision and inspection authority to metropolitan municipalities, with headquarters inspectors and municipal boundaries district municipality inspectors within their affiliated 1.000 "|| | Article 4 - 31/12/1960 dated and 193 numbered Income Tax Law Article 63 of paragraph (4) is located numbered in paragraph "Unions according to Law" phrase "in accordance with relevant laws by employees" it has been changed to.
Article 5 - a) No. 926 dated 07.27.1967 of the Turkish Armed Forces Personnel Law additional Article 17 (C) in the first paragraph of the clause "35%" to "45%", the second located in the paragraph "100 people" to "200 people" in the last paragraph of "half" to "2 / 3rds of" has been changed to.
b) 24/2/1983 dated 2802 on Judges and the Prosecutors Act;
"1 Article 54 in the last paragraph of" 1000 "digits" 1500 "," 500 "number" 750 "
2- attached (I) No. Additional Indicator Table (c) during situated" 5800 "additional index number" 6400 ", as amended
."
C) dated 23.07.2003 and numbered 4954 Law on Justice Academy of Turkey is located on the third paragraph of Article 37 "1750" figure "2000" is amended form.
Article 6 - No. 439 dated 05.03.1964 the Ministry of National Education, Higher and Secondary Schools Teachers are connected with the Law on Primary Education Teacher with Additional Course Fees Weekly Hours;
A) of Article 3 (b) in paragraph "workshops and vocational courses" phrases "course" has been changed to.
B) in the second paragraph of Article 6 "Intermediate schools" to "formal and in-formal educational institutions", "six hours" to "6 o'clock" has been changed to.

C) A final paragraph of Article 1 "Preparation and planning activities to teachers in return, not to exceed 3 hours per week, per month and charge additional tuition 1 hour for every 10 hours they studied also be paid." as amended, and the following paragraph has been added to the end of the same substance.
"Semester and teaching duties performed during the summer holidays, made of course the task will be considered cases with the exception of additional teaching duties other than teaching duties made face to face, the monthly money lessons duty to fill those additional tuition in formal and non-formal education is not paid."
Article 7 - No. 2659 dated 14.04.1982 of Forensic Medicine Institute of the Law Article 30 is amended as follows.
"ARTICLE 30 - at least 35% of the returns to capital gains obtained with the help of the staff of Forensic Medicine Institute and the unit of the material, equipment, tools, divided into research and revolving in personnel expenses. The rest of the income Forensic officers in the institution and unit personnel, class, working conditions, service quality, service contribution, performance, and taking into account other considerations payable according to the principles identified in the regulations to be issued upon the approval of the Ministry of Finance.
Things payments will take a month related to staff salaries (including additional indicator) compensation and fringe benefits of all kinds (authority, except representation and duty compensation) for the general
a) 500% of the Forensic Medicine Institute's President,
b) 475% for the vice President,
c) specialized chairman for 450'si%, the
d) specialized committee members, group president for 400% of the
e) specialized department heads, specialist physicians, in the specified branch Specialization Regulation in medicine with the expert according to the provisions of these Regulations specialist dental physicians to 350%, the
f) Assistant physicians, general practitioners and dental 300% for the doctors,
g) Space engineer who received his doctoral degree, psychologists, biologists, chemists and 250% for pharmacists 'trays,
h) the service quality reputation with the task of difficulty and degree of risk autopsy attendants to 200% of the staff designated by the decision of the council chairman is high,
i) 150% for the other staff can not exceed
.
Self-employed health personnel, half of the rate specified in the second paragraph apply.
The second task running by receiving the pension, can not benefit from these payments. "
Article 8 - 08/06/1949 dated and 5434 the Republic of Turkey Retirement Fund Law temporary Article 139 of the first paragraph (a) has been amended as follows. | || "a) retirement, ordinary disability or duty disability while receiving a pension and those linked pension privatization scope and due to take part in organizations in the program 04.21.2005 dated and 5335 numbered Law Article 30 in accordance with pensions who interrupted," || | Article 9 - 5434 Act added the following additives.
"additional Article 81 - National Intelligence Services and Security Services Division to include staff with bazaars and neighborhood wardens cadre title is based on the pension paid to those to those who qualify for the payment authority compensation with pensions also it made payments amounting to YTL 100 per month with pensions.
This payment will be made to employees subject to any social security institutions and employees, including social security support by paying pension premiums after binding according to the provisions of this Act. the latest case in a month who lost the requirements to benefit from these payments to the Pension Fund of the Republic of Turkey is obliged to inform the Directorate General. This is an end to the beginning of the month following the date of payment arises. payments made to no notice is taken back in time with a legal interest.
Of dying within the first paragraph of Article 67 of the monthly scope specified deserving widows and orphans to be paid at the rates in Article 68.
These payments are paid by the Pension Fund of the Republic of Turkey following the money is collected from the Treasury bills in two months. "

ARTICLE 10 - 04.07.2001 dated and 631 numbered Decree Law is located in Article 15 "at least three years" to "at least two years" as amended, the end of the said article "two-year higher education graduates, retired from the on duty with the ones, it can not be paid retroactively to the date of 04/15/2006 previous periods. The aforementioned ruler of the 8 th row of (d) of them with appointed ones before the date of the tasks listed in paragraph 31/12/2005 it from me to those who retired office compensation is concerned the payment is not required conditions for me in the prescribed assignment procedures. "Sentences were added and the Decree referred to Law 14 / the following item has been added to after the matter.
"Article 14 / B - institutions having the government as a legal entity in private law established, upper bodies, institutions, enterprises, funds and public institutions established by other names, even if on the contrary provisions in the law, representation to be made in accordance with the provisions of their specific legislation and the annual sum of the hospitality expenses of staff who has the authority to represent the president can not exceed twice the monthly average net wage. representation authority having staff title and number of the decision is determined not to exceed two percent of the total number of staff, including the bodies of the members. "
ARTICLE 11 - Article 1 of Decree Law No. 375 (B) of paragraph (3) of except me, is repealed.
Article 12 - This Law;
A) Article 1 is added to Decree 375 dated Law additional Article 3 of the date of publication to be effective from 1/1/2006,
b) of Article 1 of the No. 375 Decree Law added additional Article 4 , Article 3 (f) of paragraph, Article 5 (a) and subparagraph (c) of the date of publication, to be effective from the date of 01.15.2006,
c) Article 3 (e) of Article 7 and Article 9 and subparagraph Articles on 01/04/2006,
d) of Article 6 on 1/7/2006,
e) of Article 3 (d), (g), (h) of paragraph 4 of Article 5 th Article (b) in the paragraph following the publication of menses,
f) the date of publication Other provisions will enter into force
.
Article 13 - This Law shall be enforced by the Council of Ministers.