Precedent-setting ruling for contract teachers in lawsuit filed by Eğitim-Bir-Sen
In a lawsuit filed by the Education and Science Employees' Union (Eğitim-Bir-Sen) after the administration rejected a member's application for expert teacher compensation on the grounds that they were not a "permanent staff" member, the court ruled in favor of the Eğitim-Bir-Sen member.
The Ağrı Administrative Court has established that the legislation does not require a separate staff position to benefit from the compensation rights granted to the titles of expert teacher and head teacher.
The court ruled that the education and training compensation stipulated for the title must be paid to the member starting from the beginning of the month following the date the expert teacher certificate was issued. In its reasoned decision, the Administrative Court noted that under Article 4, paragraphs A and B of the Civil Servants Law No. 657, those serving in teacher staff and positions are defined as teachers; that the teaching profession is divided into three career steps as teacher, expert teacher, and head teacher; that the rights granted to the teacher title can be utilized from the date of appointment; that there are no separate staff positions for expert teacher and head teacher in the legislation; and recalled the expression in Article 10, titled 'Teaching Profession Career Steps,' of the Regulation on Teaching and Teaching Profession Career Steps, which entered into force on December 21, 2024, stating: 'Those granted the title of expert teacher and head teacher shall be paid the education and training compensation stipulated for these titles starting from the beginning of the month following the date the certificate is issued.'
The court ruled that the member should be allowed to benefit from the rights granted to the expert teacher title as of December 29, 2024, the date they received their Expert Teacher Certificate, and that the education and training compensation stipulated for said titles should be provided to them starting from the beginning of the month following the date the certificate was issued.
News Source: 12punto
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