First step taken for part-time work regulation in the public sector! Up to 6 months...

The button has been pressed for flexible and part-time work in the public sector. Bureaucrats have gathered at the Presidency for the flexible working regulation.

The meeting was attended by representatives from the General Directorate of Legal Services of the Ministry of Family and Social Services and the General Directorate of Labor of the Ministry of Labor and Social Security.

During the meeting, alternatives regarding flexible working models in the public sector were discussed. The examination of global examples and practices regarding this model, the development of a model specific to Turkey, and the feasibility of flexible working in the public sector were debated.

PART-TIME WORK AFTER CHILDBIRTH

In Article 43/A of the Civil Servants Law No. 657; "Civil servants who give birth may request that their weekly working hours be arranged as half of the normal working time, without being granted nursing leave, for the period starting from the end of the maternity leave following childbirth or the leave used in accordance with paragraph (F) of Article 104, and for civil servants whose spouse gives birth, from the end of paternity leave, until the beginning of the month following the date the child reaches compulsory primary education age according to the relevant legislation." it was stipulated.

REGULATION IS BEING PREPARED

Because the regulation has not yet been issued, public employees are unable to benefit from the right to part-time work after childbirth. A regulation is being prepared to determine the procedures and principles regarding the use of the right to part-time work, as well as to identify, either collectively or separately, the civil servants who will not be able to benefit from this right based on service class, staff title, institution, or organization.

Here is the regulation regarding the use of the right to part-time work after childbirth:

PART ONE

Purpose, Scope, Basis, and Definitions

Purpose

ARTICLE 1- (1) The purpose of this Regulation is to determine the procedures and principles regarding the use of the right to part-time work after childbirth, as well as to identify the civil servants who will not be able to benefit from this right based on service class, staff title, institution, or organization.

Scope

ARTICLE 2- (1) This Regulation applies to civil servants included in paragraph (A) of Article 4 of the Civil Servants Law No. 657, dated 14/7/1965.

Basis

ARTICLE 3- (1) This Regulation has been prepared based on the additional Article 43 of Law No. 657.

Definitions

ARTICLE 4- (1) In the implementation of this Regulation;

a) Law: The Civil Servants Law No. 657 dated 14/7/1965,

b) Institution: The public institution or organization where the civil servant is employed,

c) Compulsory primary education age: The date of starting primary school as determined in accordance with the Primary Education and Training Law No. 222 dated 5/1/1961 and the Ministry of National Education Preschool Education and Primary Education Institutions Regulation published in the Official Gazette dated 26/7/2014 and numbered 29072,

c) Normal weekly working hours: The weekly working hours determined for civil servants in accordance with Article 99 of Law No. 657 or relevant legislation,

d) Part-time work: Part-time work after childbirth,

e) Authorized supervisor: The top manager specified in the Public Financial Management and Control Law No. 5018 dated 10/12/2003, who is responsible and authorized in the implementation of this Regulation, or the supervisor authorized by the top manager in terms of service units,

refers to.

SECOND CHAPTER

Part-Time Work in Case of Childbirth

Part-time work period

ARTICLE 5- (1) The part-time work period for a civil servant who has given birth is the period starting from the end of the maternity leave following childbirth or the leave used in accordance with paragraph (F) of Article 104 of the Law, until the beginning of the month following the child's mandatory primary education age.

(2) The part-time work period for a civil servant whose spouse has given birth is the period starting from the end of the paternity leave until the beginning of the month following the child's mandatory primary education age.

 

Conditions for eligibility

ARTICLE 6- (1) In order to benefit from the right to part-time work in case of childbirth, the civil servant must;

a) The individual or their spouse having given birth,

b) The child being alive,

c) Provided that the provisions of Article 17 of this Regulation are reserved, not having previously benefited from this right for the same child,

ç) The staff title not being included in the schedules annexed to this Regulation,

are required.

Application

ARTICLE 7- (1) A civil servant may request part-time work at any period of the part-time work term. They shall notify their institution of this request via a petition one month before starting part-time work. The petition must also specify the preferred working method and the start and end times of daily working hours.

Evaluation

ARTICLE 8- (1) Applications are evaluated and finalized based on compliance with the eligibility requirements. As a result of the evaluation, the civil servant's working method and the start and end times of their daily working hours are determined by the authorized supervisor.

Principles of part-time work

ARTICLE 9- (1) A civil servant who exercises the right to part-time work shall be employed according to one of the working methods specified in the third or fourth paragraphs of this article.

(2) The weekly working hours of a civil servant who exercises the right to part-time work shall be set at half of the normal weekly working hours.

(3) The civil servant's weekly working hours may be divided into days, provided that they do not exceed three days per week and eight hours per day. The daily working hours of a civil servant working in this manner may be equal or may be determined differently.

(4) The weekly working hours of a civil servant may be divided into days, provided that it is not less than three hours per day. The daily working hours of a civil servant working in this manner may be equal or determined differently.

(5) A civil servant cannot work outside the daily start and end times determined in accordance with the relevant legislation, nor during the lunch break.

(6) The start and end of daily working hours may be determined differently depending on the day.

(7) The authorized supervisor may make changes to the start and end of the civil servant's daily working hours and working procedures twice a year, in January and July, based on the civil servant's request or service requirements.

(8) No distinction is made between male or female civil servants in the use of the right to part-time work. If both spouses are civil servants, both spouses may benefit from the right to part-time work upon their request. Spouses may utilize this right during the same period or in consecutive periods.

(9) A civil servant is considered to have worked part-time during periods spent on annual leave, sick leave, excuse leave, and other leaves falling within working hours, excluding unpaid leave, as well as on national holidays and public holidays.

(10) A female civil servant working part-time is not granted additional nursing leave.

 

Cases of relocation or transfer

ARTICLE 10- (1) In the event that a civil servant benefiting from the right to part-time work is appointed to the same or a different position title within the institution through reassignment, or is transferred to the same or a different position title in another institution, and the new position title is not included in the schedules attached to this Regulation, the civil servant shall continue to exercise their right to part-time work. However, which of the working procedures specified in the third or fourth paragraphs of Article 9 of this Regulation the civil servant will follow, as well as the start and end times of daily working hours, may be redetermined by the authorized supervisor within one month based on the civil servant's request or service requirements.

Acting appointment or assignment status

ARTICLE 11- (1) In the event that a civil servant benefiting from the right to part-time work is appointed as an acting official or assigned to position titles included in the schedules attached to this Regulation, the civil servant shall continue to benefit from the right to part-time work during this period.

Services requiring 24-hour continuity

ARTICLE 12- (1) For civil servants working in services that require 24-hour continuity, the principles of part-time work shall be regulated by the institution, taking into account half of the normal weekly working hours.

SECTION THREE

Part-Time Work in Case of Adoption

Part-time work period

ARTICLE 13- (1) In the case of adoption, the civil servant's part-time work period is the period starting from the date the adopted child is physically handed over, or from the end of the eight-week leave granted in accordance with paragraph (A) of Article 104 of the Law, or the leave used in accordance with paragraph (F) of the same article,

until the beginning of the month following the child's compulsory primary education age.

Conditions for eligibility

ARTICLE 14- (1) In the case of adoption, provided that the child is alive, in order to benefit from the right to part-time work, the civil servant must:

a) Adopt a child together with their spouse, or for single or married civil servants to adopt a child individually, or for their non-civil servant spouse to adopt a child individually,

b) Provided that the provisions of Article 17 of this Regulation are reserved, not have previously benefited from this right for the same child,

c) Not have a staff title that is not included in the schedules attached to this Regulation,

must be met.

Principles of part-time work

ARTICLE 15- (1) In the case of adoption, the civil servant shall benefit from the right to part-time work within the framework of the procedures and principles specified in this Regulation.

CHAPTER FOUR

Miscellaneous, Transitional, and Final Provisions

Circumstances under which the right to part-time work terminates

ARTICLE 16- (1) The right to part-time work for a civil servant terminates upon;

a) Their appointment to a position title included in the schedules attached to this Regulation via relocation or transfer,

b) The addition of their position title to the schedules attached to this Regulation,

c) The death of their child,

c) Termination of the adoption relationship,

d) Request to return to full-time work,

e) The child starting primary education,

f) In the event that the child does not start primary education, the expiration of the period during which they were required to start primary education according to the relevant legislation,

shall terminate.

(2) The civil servant shall return to full-time work starting from the beginning of the month following the date of receipt of the appointment if the right to part-time work terminates according to clause (a) of the first paragraph; the date the legislative change enters into force if it terminates according to clause (b); the date the child passes away if it terminates according to clause (c); the date the adoption relationship is terminated if it terminates according to clause (c); the date of the request if it terminates according to clause (d); the date the child starts primary education if it terminates according to clause (e); and the date the period during which the child was required to start primary education expires if it terminates according to clause (f).

Situations that do not interrupt the use of the right to part-time work

ARTICLE 17- (1) A civil servant who takes unpaid leave while exercising the right to part-time work shall continue to exercise the right to part-time work upon the expiration of the unpaid leave.

(2) If, after the termination of the right to part-time work pursuant to subparagraphs (a) and (b) of the first paragraph of Article 16, the civil servant's staff title is removed from the schedules annexed to this Regulation or if they are appointed to a staff title not included in the schedules annexed to this Regulation, they may benefit from this right again for the same child upon their request.

Civil servants who cannot benefit from the right to part-time work

ARTICLE 18- (1) Civil servants included in Schedule (I) annexed to this Regulation cannot benefit from the right to part-time work.

Birth or adoption occurring before civil service

ARTICLE 19- (1) In the event that the birth or adoption occurs before the appointment to the civil service, the civil servant may benefit from this right upon their request within the part-time work period, provided that they have commenced their duties.

Financial and social rights

ARTICLE 20- (1) A civil servant working part-time shall be paid based on half of each payment component related to financial rights and social benefits, starting from the beginning of the month following the date they begin part-time work. The provisions of the relevant legislation shall continue to apply to payments based on actual work.

 

Other personnel

ARTICLE 21- (1) Academic staff subject to the Higher Education Personnel Law No. 2914 dated 11/10/1983, and contract personnel included in Schedule (II) attached to Decree Law No. 399 dated 22/1/1990,

as well as personnel serving in public institutions and organizations whose relevant legislation refers to the Law regarding the provisions they are subject to, shall also benefit from the right to part-time work due to childbirth or adoption within the framework of the procedures and principles specified in this Regulation.

(2) Among the personnel specified in the first paragraph, those included in Schedule (II) attached to this Regulation cannot benefit from the right to part-time work.

Notification

ARTICLE 22- (1) Institutions shall notify the Presidency's Strategy and Budget Directorate of civil servants working part-time and those returning to full-time work via the e-Application system within thirty days at the latest, based on service class, staff title, and organization.

Resolution of doubts

ARTICLE 23 The Presidency is authorized to resolve any doubts that may arise in the implementation of this Regulation.

Birth or adoption occurring before the effective date

PROVISIONAL ARTICLE 1- (1) In the event that the birth or adoption occurred before the effective date of this Regulation, the civil servant may, upon request, benefit from this right within the part-time work period starting from the effective date of this Regulation.

Enforcement

ARTICLE 24- (1) This Regulation enters into force on the date of its publication.

Execution

ARTICLE 25- (1) The provisions of this Regulation shall be executed by the President.