Contract personnel rules in the Official Gazette: new rules on sick leave and severance

The Principles on Amending the Principles Concerning the Employment of Contract Personnel, published in the Official Gazette, re-regulated contract personnel's sick leave and caregiver leave, disciplinary proceedings, periods for taking up duty, training and vacated positions. The regulation carries the signature of President Recep Tayyip Erdoğan and was published in the Official Gazette.

For sick leave and caregiver leave, the provisions of Article 105 of the Civil Servants Law No. 657, with the exception of the fourth and fifth paragraphs of that article, will be applied by analogy to contract personnel within the same procedures and principles. The temporary incapacity allowance paid by the Social Security Institution due to illness will be deducted from the personnel's salary. Failure to take up duty when the maximum sick leave period expires has been added to the grounds for termination of the contract.

A new framework has also been drawn for end-of-employment severance: severance will not be paid to personnel whose contract is terminated or not renewed, or to those appointed to civil servant staff positions under Article 4 of Law No. 657. Payments will be made in advance at the beginning of each month; if personnel leave their post before the end of the month, the amount corresponding to the remaining days will be recovered. This amount will not be recovered in the event of appointment to a civil servant staff position, the granting of a monthly pension under Law No. 5510, or the death of the personnel.

On the disciplinary side, the provisions and penalties concerning civil servants will be applied by analogy, and the competent authorities and disciplinary boards will also be determined according to the same principles. The penalty of salary deduction will be imposed by deducting between 1/30 and 1/8 from the total of all payments tied to the personnel's position. In acts and situations requiring the suspension of grade advancement or a heavier penalty, the personnel's employment may be terminated by decision of the disciplinary board and with the approval of the official authorized to make appointments. In cases of suspension from duty, the provisions concerning civil servants will likewise be applied by analogy.

The timetable for taking up duty has also been clarified. Among contract personnel taking up duty for the first time or moving to a new post through an in-house transfer, those who will work in the same place will take up duty on the first working day following notification, while those who will work in another place will take up duty on the first working day following the end of the 15-day period from the date of notification. Failure to start work on time without a compelling reason that can be documented, or failing any of the basic training, preparatory training or internship periods, will be among the grounds for terminating the contract.

New provisions have also been introduced for training. Contract personnel employed under Article 4 of Law No. 657 will receive basic training, preparatory training, internship and in-service training, provided that the provisions in special legislation are reserved; those who successfully complete these trainings while working as contract personnel will not be subjected to the same trainings again when they are appointed to civil servant staff positions. Personnel employed before the regulation entered into force will remain outside the new training provision, and sick leaves used before the effective date will not be taken into account when calculating the maximum sick leave period. Contract personnel positions vacated by personnel appointed to civil servant staff positions will be deemed cancelled without any further action and will be reported, together with organizational and unit information, to the institution where the Public Personnel Information System is located.