Legislative proposal passed by the Grand National Assembly of Turkey: Age limit introduced for civil service

The General Assembly of the Grand National Assembly of Turkey has passed the legislative proposal regarding amendments to certain laws and Decree-Law No. 375, turning it into law.

The law introduces regulatory changes following the Constitutional Court's annulment of certain provisions of Decree-Law (KHK) No. 703.

35-YEAR AGE LIMIT TO BE APPLIED

With the amendment to the Civil Servants Law, a 35-year age limit will now be required for recruitment into professions that involve special competitive examinations conducted by other public institutions, boards, supreme boards, and organizations established by law or Presidential decrees.

Under the regulation in the Law on the Establishment and Functioning of the Jurisdictional Disputes Court, the president of the Jurisdictional Disputes Court will be elected by the Constitutional Court from among its own members.

With the amendment to the Law on Jobs That Cannot Be Held by Those Who Have Left Public Service, individuals authorized to conduct tax audits will be prohibited for a period of 3 years after leaving their post from taking any position or job with taxpayers they audited within the last 3 years prior to their departure, or with institutions directly or indirectly controlled or influenced by these taxpayers or their partners. They will also be unable to enter into contracts under the Law on Certified Public Accountants and Sworn-in Certified Public Accountants.

The law also introduces changes to the Law on the Establishment of the Information and Communication Technologies Authority. Accordingly, the appointment criteria for members of the Information and Communication Technologies Board will be regulated. Board members will be required to meet the conditions set out in the Civil Servants Law and must not have served in the management or supervisory bodies of any political party, or must have resigned from such positions.

REGULATIONS CONCERNING TRT

Under the regulation in the Turkish Radio and Television Law, the TRT Director General will be paid a monthly salary and contract fee, including bonuses, equal to that of the highest-ranking civil servant. Additional indicators, seniority, base salaries, and social benefits, raises, and compensations will be taken as the basis for monthly payments.

The TRT Board of Directors may establish companies subject to private law provisions, provided they are in line with the institution's objectives, and may form partnerships with domestic or foreign natural or legal persons. The Board of Directors may participate in existing partnerships or companies, and may fully purchase or take over domestic or foreign partnerships or companies.

Tender procedures for all types of procurement, sales, services, consultancy, construction, and transportation works of the institution—and of companies established, purchased, or participated in by the institution, regardless of shareholding—will not be subject to the provisions of the Public Procurement Law and the Public Procurement Contracts Law.

All procurement, sales, services, consultancy, construction, and transportation works of the institution, as well as related tender procedures, will be regulated by a bylaw based on the principles of transparency, competition, equal treatment, reliability, confidentiality, public oversight, meeting needs under appropriate conditions and in a timely manner, and efficient use of resources, while taking into account the conditions required by broadcasting activities.

Tender procedures for all types of procurement, sales, services, consultancy, construction, and transportation works that the institution conducts with its own companies or companies in which it is a partner will not be subject to the provisions of the Public Procurement Law and the Public Procurement Contracts Law. The procedures and principles regarding this will be determined by the proposal of the Director General and the decision of the Board of Directors.

Institution personnel may be assigned as Chairman and/or member of the Board of Directors in companies owned by or partnered with TRT, with the approval of the Director General. Excluding Article 12 of Decree-Law No. 631, the salary to be paid to these individuals will be determined by the board of directors of the company to which they are assigned, without being subject to regulations and restrictions in other laws. The personnel's status regarding their original cadres and positions will continue, and they will continue to receive the rights associated with those positions.

PERSONNEL RIGHTS OF TRT STAFF

According to the law, additional indicators to be applied to positions included in the General Administrative Services class will be determined by the President upon the proposal of the Institution's Board of Directors, taking into account the nature of these positions and management responsibilities, and provided they do not exceed the equivalents in other public institutions.

Contracted personnel may be employed in the institution in exchange for cadres. Matters such as examinations, recruitment, appointment, and promotion for these personnel will be regulated by the Board of Directors. The procedures and principles regarding all financial and social rights to be provided to these personnel, such as their titles, numbers, cancellation and creation of cadres, salaries, additional indicators to be applied to cadres, office and duty compensation, special service compensation, and overtime pay, will be determined by the President upon the proposal of the Board of Directors.

Personnel subject to private law provisions may also be employed in accordance with the provisions of the Code of Obligations. Personnel subject to private law provisions may be assigned to managerial positions.

Investigations regarding crimes allegedly committed by General Directorate personnel in connection with their duties will be conducted in accordance with the Law on the Prosecution of Civil Servants and Other Public Officials, and permission for investigation against them will be granted by the Director General.

Bonuses may be granted to permanent or private-law-subject personnel working at TRT, not exceeding the amount of 4 months' salary per year, with the proposal of the Director General and the approval of the Board of Directors.

Immovable properties belonging to public administrations and places under the authority and disposal of the state may be allocated to TRT free of charge for use in its duties and activities.

Personnel who are subject to transfer as surplus staff from TRT and are appointed to a position subject to the Civil Servants Law in other public institutions and organizations will continue to receive the monthly salary, additional indicators, bonuses if any, and all kinds of raise and compensation rights they received at the institution.

PROCEDURES AND PRINCIPLES REGARDING THE EMPLOYMENT OF EXPERTS AND ASSISTANT EXPERTS IN THE PUBLIC SECTOR

The law introduces changes to the Law on Certain Regulations Regarding the Defense Industry. Accordingly, the powers granted to the Minister of National Defense in the Law on the Sale, Donation, Transfer, and Disposal of Surplus Goods and Services of the Armed Forces; Making Purchases Abroad and Domestically on Behalf of Other States; and Foreign Personnel to Receive Training will belong to the President for works and transactions in projects carried out by the Presidency.

The Personal Security Certificate, which is regulated in accordance with the Defense Industry Security Law, will not be required for Presidency personnel.

With the regulation made in the Public Procurement Law, it will be required that members serving in the Public Procurement Authority do not have any past or present relationship with a political party, including being nominated as a candidate or holding office.

The law establishes procedures and principles regarding the employment of experts and assistant experts in public institutions and organizations through administrative service contracts or subject to labor legislation, via the regulation in Decree-Law No. 375. Accordingly, provided that it is foreseen in the Presidential decrees regarding the organization of public institutions and organizations that do not employ personnel under the Civil Servants Law, experts and assistant experts may be employed through administrative service contracts or subject to labor legislation to work in areas within the institution's scope of duty, regardless of the provisions of the aforementioned law and other laws regarding the employment of contracted personnel.

The provisions of the Civil Servants Law will be applied by analogy in the employment of experts and assistant experts. However, assistant experts who do not submit their theses within the additional time granted, or whose theses prepared for the second time are not accepted, or who fail the second examination or do not use their examination right, or who do not fulfill the foreign language proficiency requirement, will lose the title of assistant expert and will be appointed to cadres or positions suitable for their status in their institutions.

The recruitment, examinations, qualifications, training, and working procedures and principles of experts and assistant experts, as well as other matters regarding their employment, will be determined by bylaws issued by the institutions. All disputes regarding experts and assistant experts subject to labor legislation will be heard in labor courts.

NEW REGULATION FOR CONTRACTED PERSONNEL EMPLOYMENT AND CADRE ARRANGEMENTS

According to the amendment made to Decree-Law No. 375, provided that it is foreseen in the Presidential decrees regarding the organization of the Presidency, ministries, and other public institutions and organizations, domestic or foreign personnel may be employed on a contract basis—full-time, part-time, or project-limited—for temporary work requiring special knowledge and expertise, regardless of the provisions of the Civil Servants Law and other laws regarding the employment of contracted personnel.

Regulations are being made regarding the transfer procedures of personnel whose duties in their institution or unit are assigned to other institutions or units according to the provisions of the relevant Presidential decree as a result of the arrangements made in the organizations of public institutions and organizations through Presidential decrees, their appointment to other public institutions and organizations, and matters regarding their financial and personal rights in the new cadres or positions to which they are appointed.

The appointment of those serving in certain cadres and positions included in Decree-Law No. 375 to the administrative expert cadre in case of dismissal is regulated. Accordingly, the phrase "Provincial Director of the Employment Agency" is changed to "Provincial Director at the Turkish Employment Agency (İŞKUR)."

For those who held the position of provincial director at the Turkish Employment Agency as of November 24, 2023, the provisions regarding personal rights in the temporary Article 45 of Decree-Law No. 375 will be applied in the event that their duties end or they are dismissed.

Following the voting on the legislative proposal, a debate took place regarding a note submitted by deputies to the Presidential Council. Upon this, TBMM Speaker Numan Kurtulmuş adjourned the session. After the break, the legislative proposal was accepted in the General Assembly and became law.

On the other hand, according to the accepted Advisory Board proposal, the General Assembly will not meet today.

TBMM Speaker Numan Kurtulmuş closed the session to reconvene on Tuesday, May 27, at 15:00.