Law No. 5198
Acceptance Date: 24/06/2004
Article 1 - No. 4688 dated 25.6.2001 of Article 14 of the Public Servants' Trade Unions Act has been amended as follows.
Article 14 - are free to members of the union.
Board may be a member of a trade union in the public service arm guards enter the work place.
Union membership, to consult with the union signed a membership form to fill in three copies of public officials and consult with the union gained acceptance by the competent body.
Membership application is not rejected by the union within thirty days if the membership request shall be deemed accepted. One of the reasons that justify the adoption of membership without showing public officials, but look at this decision within thirty days from the notification of the business case has the right to file a lawsuit in the local court officials.
Union membership gives an example of the member himself to the application of the final public official document, it remains an example of the union, be the basis for an example of membership dues and sends it to the employer within fifteen days to be stored in the file.
Can not be a member of more than one union. next memberships into multiple union membership is invalid.
Same date notifications for multiple membership is not considered these issues in writing and communicated to the public by employers and trade unions concerned.
Article 2 - Article 16 of the 4688 Act has been amended as follows.
Article 16 - Each member may withdraw from membership freely.
withdraw from membership by civil servants who want to withdraw is achieved by giving notice to withdraw from membership in the organization of the filled and signed in triplicate. Agency officials, a copy of the notification of withdrawal must immediately give the date and the registration number of the members. Public employers, send a copy of the notice to the union within fifteen days.
Withdrawal shall become effective thirty days from the date apply to public employers. Captured the new union membership in case of a member of another union in the meantime, acquired the date of expiry of this period.
's, The union will be dismissed from the union general assembly centers. Removing decision issued until notified in writing and the employer. member against the dismissal decision, he can appeal to the labor court within fifteen days from the date of official notification. The court makes a final decision within two months. Membership lasts until the final decision of expulsion.
Withdrawal mission be terminated or who left the public office other reason membership of the union member who has been appointed institution within the different service branches, trade union branches, if any, will end the mission in union or confederation organs. Who retired union branches, tasks of trade unions or confederations organ continues until the end of the term they were elected.
Taken in case of the continuation of membership and suspension of the 2821 Trade Unions Act will apply the provisions contained in Article 24.
Article 3 - Article 18 of the 4688 Act has been amended as follows.
Article 18 - Public officials outside of business hours or with the permission of the employer or trade union confederation in working hours shall be subjected to a different treatment because of their participation in the activities and tasks specified in this Act shall not be the last.
Public employer, the workplace and union shop stewards and trade union branch manager unless there is a just cause can not change unless you specify a clear and precise manner.
A public employer can not discriminate because they are not union members or not of public officials.
Trade union or confederation of the first general assembly as dispatch and management to the administration board members, general assembly and elected to the board of directors union branch board members notify their case from the date of their election in writing to thirty days within the organization. from the date of their election according to the provisions of the said managers within thirty days of the trade union statute, they also allowed without salary during leave these tasks if they make a written request. They are not in demand continue their duties in the organization. Permission to leave the board members are on leave from their institutions one day a week.
Union branches are installed with at least 400 members.
Of local and general elections of candidates, tasks of trade unions and confederations hangs during organ candidacy. It ends task if elected.
Allowed to leave without salary this time of the managers, pension deductions and money managers every month by the trade unions that the Republic of Turkey have gotten if they agree to pay to the Pension Fund shall be deemed to retirement services and pension rights.
Considered on leave without salary union Institutions, associations and branches of the board members, their dependents and family members of these bodies shall continue to be covered by their health care costs.
Without salary he or she deemed of any reason, those who left their posts in trade unions or confederations organs from the date of cessation of duties if they apply in writing to the institution where they left within thirty days, the public employer is obliged to make this one of the old tasks or other appropriate task within thirty days . Who to contact to begin within thirty days are considered to have resigned his office.
Removal from office, ex officio retirement, termination of office, appointment or other states in the event of recourse to the court officer, continues their trade union duties until the court decision becomes final.
Article 4 - Article 25 of the 4688 Act has been amended as follows.
Article 25 - Public officials of the union, public official to pay membership dues, cut off from the public employer of the pension according to the monthly dues amount specified in Article 14 within the framework of filled membership application form and union statutes deposited into the bank accounts of trade unions within five days and a sample about the dues list sent to the union. Public employers, who are members of trade unions and membership dues to cut the list of public officials in the last week of each month, declare where everyone can see it at work.
Monthly membership dues amount; 15th grade monthly monthly civil servant from the first stage, the base salary, the total allowance for all kinds of hikes and compensations least five thousand of the net amount is specified in the statute shall not be more than one-thirty.
Union constitution, membership dues whatsoever under any name other than the provisions envisioning the members can not accommodate another disruption.
Union centers of the names of the union members dismissed from membership by the General Assembly decision within fifteen days must be reported to the employer.
dues paid to members of the Confederation of the amount determined by the general assembly of the Confederation of trade unions for not less than five per cent of the dues amount.
Article 5 - Article 30 of the 4688 Act has been amended as follows.
Article 30 - unions and confederations to which they are connected with the most members in each service branch is authorized to make collective bargaining. representative associations with the most members is the chairman of the collective bargaining committee.
The following principles are applied in the determination of the authorized trade unions and confederations:
a) determination will be made individual institutions;
Detection incurred by the employer's representative organization in meetings related to the financial services unit officer or join a trade union representative from authorities and institutions operating in the service arm. Meeting place every year after the date of May 15, the union reported by the institution determined within five working days and is done daily.
Subject to this Law as institutions of public officials, 15 May date, the list shows the members with membership dues deductions made on the union list are evaluated by participants. After this evaluation, the total number of union members and public officials who attended the meeting minutes signed by the parties, indicating the total number of civil servants according to the unions. Signed report is sent to public employers and unions until the last business day of May, the Ministry of Labour and Social Security.
Provincial organization of institutions, they send two business days of the organization center in the following 15 May, the date to be considered in the determination to be made in the minutes of corporate center will be held in the meeting that will be made with the participation of the parties in accordance with the above principles. with the participation of the parties in these proceedings into a single corporate center report.
B) Operating and signed a joint determination to be made on lists from the Ministry of Social Security and trade union organizations;
Labour and Social Security Ministry, determines the number of members of trade unions in the service arm with the number of all civil servants in the institutions working in total public servant with a number of trade unions As membership withholding members each year, taking into account the number of May 15 date, the service arm. Accordingly, the competent public officials determine the total number of members of the trade union confederation in each service branch and publish the results of the first week of July each year in the Official Gazette.
Article 6 - 4688 Act added the following paragraph to come after the second paragraph of Article 35.
Accommodate those who attend the conciliation board to work with collective bargaining efforts, runners and casual meetings with fees paid by the State Personnel Department to put the budget allocations.
Article 7 - The following provisional article has been added to the 4688 Act.
Provisional Article 9 - for the year 2004;
A) the second paragraph of Article 30 (a) provided for in paragraph detected, as performed until 15 July 2004 and 20 July 2004 and sent to the Ministry of Social Security.
B) the second paragraph of Article 30 (b) in accordance with subparagraph determined by the Ministry of Labour and Social Security to be held until August 30, 2004 published in the Official Gazette.
C) of the first paragraph of Article 32 "the fifteenth day of August," "the fifteenth day of September" is applied.
Article 8 - and No. 506 dated 17.07.1964 the following sentence is added to the end of Article 8 of the Social Security Act.
Governorates, municipalities and other competent licensing authorities, the construction given construction permits are obliged to notify the Agency within one month from the date of license.
Article 9 - No. 506 different first paragraph of Article 78 of the amended Act is amended as follows.
Held basis for the calculation of premiums and benefits will be received in accordance with this Law, the lower limit of daily earning, 4857 the daily minimum wage is determined for adults 16 years of age according to Article 39; The upper limit is 6.5 times the daily minimum wage.
Article 10 - Law No. 506 located in the fourteenth paragraph of the amended Article 79 "Article 140 on" to "Article 140 of paragraph (c) and (d) the last paragraph of me" as amended.
Article 11 - Law No. 506 situated in different fifth paragraph of Article 80 of the amended "Article 51" to "51 and Article 102" are modified.
Article 12 - No. 506 titles of various 83 article of the Law "Guarantees and progress of the premiums is not a debt issuing of permits use structure with keeping money in the debt the search of the document:" the last modified matter and form is included in the following paragraphs.
Governorates, municipalities by and licensing to other competent authorities, are required from the relevant prior given occupancy permits structure to be asked of a document prepared by the Agency that there are no drying debt due to their workplaces in the construction of this building.
Article 13 - Article 85 of Law No. 506 different (C) of paragraph (a) in the second paragraph of Article 86 and subparagraph "30%" to "25%" as amended.
Article 14 - Article 117 of the Law No. 506 was repealed in the third paragraph.
Article 15 - Article 118 of Act 506 with a different title is amended as follows.
Treatment how to do:
Article 118 - sickness and maternity benefits are expected to benefit from the Agency will be determined by the Authority with the documents referring to the reported health institutions or medical examination and treatment will be.
Article 16 - Article 120 of Law No. 506, the following paragraph is added to come after the second paragraph.
Work accidents and occupational diseases, invalidity, the age and income of the death insurance and monthly allowances with the calculation of capital value, which is the work accident or was detected for the first time a medical report of occupational disease or repealed insured with the 5417 and 6900 numbered law or Act 506 other the date of commencement of work for the first time as subject to social security institutions do not consider the amendment next year.
Article 17 - Article 121 of Law No. 506 of the first paragraph "alimony" to come after the phrase "Article 80 of the Law and the follow-up and collection of receivables should" has been added.
Article 18 - Article 140 of Act 506 different the first paragraph of subparagraph (c) is amended as follows.
C) Article 79 of the Law should be given to those documents pursuant to paragraph give the Authority within the period specified in the said paragraph of the document for each act;
1 original monthly minimum wage and less qualified to pass three times, provided that the Authority issued the document in the monthly minimum wage per number of insured registered 1 / 5th of the amount of each additional document given the Authority, if not
2 in Appendix nature the monthly minimum wage for 1/8 the amount
so far, the case of arranging additional document, Article 79 of the Agency ex officio pursuant to the third paragraph three times the monthly minimum wage,
with 3- court decision or control personnel of as a result of determinations made or public institutions and documents services organized by institutions or gains not notified to the agency or, if they are relevant to determining the insured is reported missing, the document is not original or is a supplement, in durulmaksız monthly three times the amount of the minimum wage on not regulated employer arranged,
this in the month three times the amount of the minimum wage for the month in which appropriated the Law Article 79 of the by insurance inspectors, paragraph thirteenth or 130 th article of the public accountants specified in paragraph eight and certified financial deficient workmanship amounts detected are not notified to the Authority pursuant to the consultant issued report,
ARTICLE 19 . - Law No. 506 the following additional items were added.
Additional Article 48 - This Law Article 36 (B) shall be in accordance with medication, prosthetics, tools and equipment will be of value to contribute with the shares to be taken pursuant to the first paragraph of Additional Article 3 of examination fee income from Corporate and income of those receiving a pension and the monthly income and will connect to the beneficiaries of those who died while receiving monthly income and the monthly, while those who lost their income and pension rights with those who passed away from right-holders come from the same file allocation and income of a pension other rights owners and can be cut in the month. income of examination fee with the contribution and the principles and procedures relating to cessation of the monthly Corporate Governance determined by the Council. "
ARTICLE 20. - 29.07.2003 dated and 4958 numbered Social Security Institution Law of Article 19 (1) of paragraph (a) of subparagraph ( 9) the number was lower following to come after me (10) of article added, and the current (10) of article (11) as has been continued.
10) 22/5/2003 dated 4857 of excluding penalties in article 101 including administrative fines collected in accordance with other substances.
Provisional Article 1 - until the new regulations come into force to be issued under this Act, shall continue to be applied to the non-violation of the Law no existing regulations 4688 regulations.
Provisional Article 2 - according to the 4688 Law, Article 18, of the associations and unions of the board members, that the date of the Law publication earlier union activities and without salary allowed for administrative and done financial proceedings is concerned, that have started are removed from the process.
Provisional Article 3 - before the date of publication of this Law, Law No. 4688 are removed from the process, opened proceedings in accordance with Article 31.
ARTICLE 21. - The employer;
A) On Article 9 of 01.07.2004, the
b) Article 13 of the month following the the publication,
c) the date of publication, to be effective from the date of Article 20 of 1.1.2004,
d) Other the date of publication materials,
enter into force.
ARTICLE 22 - This Law shall be enforced by the Council of Ministers.