657 sayılı Kanun: الأحكام العامة

• The following are concise study notes on 657 Sayılı Devlet Memurları Kanunu (Civil Servants Law)
• It is divided up into sections

KISIM - I (Part I): General Provisions

• This part of the law deals with scope, purpose, basic principles, and forms of employment for civil servants.

BÖLÜM: 1 (Section 1): Scope, Purpose, Basic Principles, Job Types

• Kapsam (Scope - Article 1): قانون يطبق على الموظفين العاملين في المؤسسات ذات الميزانيات العامة والملحقة، وإدارات المقاطعات الخاصة والبلديات، واتحادات إدارات المقاطعات الخاصة والبلديات التي أسستها، والمؤسسات ذات رأس المال المتداول التابعة لها، والصناديق المؤسسة بالقانون، وصناديق الكفالات، أو مديريات منطقة التربية البدنية.
• This law is enforced regarding civil servants who work for organizations with general and supplementary budgets, in specific provincial administrations; and the municipalities, associations, and rotational capital organizations
• Amaç (Purpose - Article 2): This law regulates state civil servants, service conditions, qualifications, employment and training, progressions and promotions, duties, rights, obligations, responsibilities, salaries, allowances and other employee-related affairs
• Regulations in this law are enforced by the President

Temel İlkeler (Basic Principles - Article 3):

• Sınıflandırma (Classification): Separate state public service positions and state civil servants into classes based on the qualifications and professions which the assignment requires
• Kariyer (Career): Provide appropriate conditions for state personnel to progress to the highest ranks in their classes in accordance with competence in their duties
• Liyakat (Merit): Base entry into public jobs, advancements, and termination of employment on a merit system; and ensure that the system is applied equally to ensure the safety of state civil servants

İstihdam Şekilleri (Forms of Employment - Article 4):

• General public services are conducted through civil servants, contracted employees, temporary employees, and workers
• Memur (Civil Servant): Those authorized to perform original and permanent public services who are assigned by the national government, or other public entities for administrative purposes, are considered civil servants under this law
• These general policies include research, planning, programming, management, and auditing jobs
• Sözleşmeli Personel (Contracted Personnel): Individuals contracted yearly, determined under the presidential guidelines. They have specialty in specific vocational information, are not considered laborers, and work in developing projects where qualified workers are necessary
• Normal teaching staff is considered under the normal quota; instructors needed to provide partial amount or forign employees are also considered
• With the provision that the provisions in other paragraphs of this paragraph and the special laws are reserved, contracted personnel may be employed in the public administrations subject to this Law, in position titles to be determined by the President, without seeking the condition that the job be temporary.
• The cadres to which those who do not have the same title as the position they are in are appointed are determined by the President.
• This personnel cannot be assigned to another place for three years, except for reasons of safety of life and health.
• In jobs where it is decided by the President that the service is for less than one year or seasonal, contracted personnel can be employed under this paragraph.
• Those employed in this way cannot be employed in the contract personnel positions of the institutions unless one year has passed since the date of termination of the contract, in case their contracts are terminated by the institutions due to acting contrary to the principles of the service contract, or in case they terminate the contract unilaterally, except for the exceptions determined by the decision of the President, during the contract period , in case they do not renew the contract.
• The procedures and principles regarding the appointment of individuals whose work contracts have been terminated as a result of privatization by public or private sector employers or by the other public institutions and organizations within the scope of Law No. 4046 dated 24/11/1994, and who do not have the right to transfer, to the contracted personnel positions of the institutions, the positions to which the appointments will be made, and the terms of the contract shall be determined jointly by TOKİ and DHMİ.
• Contracted personnel shall be subject to the provisions governing civil servants regarding the disciplinary fines to be given to this personnel in case of dismissal of contracted personnel and in case of occurrence of acts and situations contrary to discipline, the authorities and boards authorized to impose disciplinary fines, and other matters regarding discipline. However, in cases requiring suspension of rank advancement and superior punishment, the approval of the executive authorized to appoint the contracted personnel to the position is required after the decision of the disciplinary board
• Daimi İşçi (Permanent Worker): Those who work without time limits with permanent worker status, or the seasonal workers or that have the job of dealing with forest fires in compliance to related laws
• Dört İstihdam Şekli Dışında Personel Çalıştırılamıyacağı (Personnel Cannot Be Employed Outside Of The Four Job Types - Article 5): Corporations cannot employ personnel outside of four employment forms written on article four

BÖLÜM: 2 (Section 2): Duties and Responsibilities

• Sadakat (Loyalty - Article 6): State civil servants must be loyal to the Constitution of the Republic of Turkey and its laws and faithfully implement the laws of the Republic of Turkey in its service to the nation.
• Civil servants declare this in the presence of the authorities after being assigned their position, by signing an oath
• Tarafsızlık ve Devlete Bağlılık (Impartiality and allegiance to the State - Article 7): State civil servants cannot be members of political parties, nor behave in a manner that favors or harms any political party, person, or group
• While performing duties, one cannot discriminate based on language, race, gender, political opinion, philosophical belief, religion and sect affiliations
• State civil servants must protect the interests of the state in all circumstances
• Davranış ve İşbirliği (Deportment and Cooperation - Article 8): State civil servants are required to show integrity and trustworthiness with their conduct in and out of service
• Civil servants must work in cooperation with each other
• Yurt Dışında Davranış (Deportment Abroad - Article 9): Those performing services abroad cannot perform actions that harm the reputation of the state prestige or jeopardize their duty honor

Amir Durumda Olan Devlet Memurlarının Görev ve Sorumlulukları (Duties and Responsibilities Of State Civil Servants In The Position Of Superior - Article 10):

• Civil servants must ensure that the duties specified by the law, and other legislation are made on time and completely, train civil servants under their command, and task and control their actions
• Superiors will act with fairness in relation to the civil servants under their control, and take advantage of any rights they have due to any legislation
• A superior can not give orders to civil servants that are counter to regulations or decrees, or find special benefits from members; they can't accept gifts or borrow money

Devlet Memurlarının Görev ve Sorumlulukları (Duties and Responsibilities Of State Civil Servants - Article 11):

• Civil servants are responsible for following to the other pieces legislation and performing the task that have been given to them
• When a civil servant get an act that contrary to the Constitution, laws, or the decrees; they may act in defiance, and explain the contrast to the superior who gave the order
• An order cannot come when an act constitutes a crime. Whoever performs the tasks of the state cannot be excused from responsibility
• Emergency provisions to keep law intact and the order of the public that are kept in the law are protected

Kişisel Sorumluluk ve Zarar (Personal Responsibility and Harm - Article 12):

• Civil servants must perform duties fully and in a timely fashion to the State; must protect state resources
• If the government goes wrong, they must ensure that their actions do not cause harm
• If civil servants cause loss to state resources, they must ensure that is it dealt with at market value
• As it comes to harm that isn't covered by the general provisions, if the civil servant doesn't make up half the loss, than it can be resolved at a disciplinary level, and paid for on a month by month basis

Kişilerin Uğradıkları Zararlar (Harm Suffered By People - Article 13):

• People can get their losses as long as there isn't issues that have been caused by someone performing the task. If they exist, then it must be paid for by someone in the office and it goes through the public prosecutor's office
• The nevi, the volume, how it proceeds and the responsibilities of the superiors, is regulated by decrees

Mal Bildirimi (Statement of Assets - Article 14):

• Civil servants must declare their assets, so that people can look at their income statements

Basına Bilgi veya Demeç Verme (Giving Information Or Speeches to The Press - Article 15):

• Civil Servants can't speak about their actions unless there is an investigation on the personals involved

Resmi Belge, Araç ve Gereçlerin Yetki Verilen Mahaller Dışına Çıkarılmaması ve İadesi (Removal and Return of Official Documents, Tools, and Equipment from Authorized Locations - Article 16):

• The equipment handed to the civils servant must not be given to someone else, unless its for a very specific reason

BÖLÜM: 3 (Section 3): Genel Haklar (General Rights)

• Uygulamayı İsteme Hakkı (Right to Request Implementation - Article 17): the right to get all legislations implemented through the state in public matters
• Güvenlik (Safety - Article 18): No civil servant can be relieved of their duties, and have their rights taken away from them
• Emeklilik (Retirement - Article 19): Public servants must have retirement rights under certain conditions
• Çekilme (Withdrawal - Article 20): Civil servants can withdraw from office
• Müracaat, Şikayet ve Dava Açma (Application, Complaint and Lawsuits - Article 21): The permission of the state to file a suit and to complain
• Sendika kurma (Establish An Association - Article 22): The right for civils servants to make unions and join these unions
• İzin (Permission - Article 23): The right of civil service to take permission under certain terms

Kovuşturma ve Yargılama (Prosecution and Judgement - Article 24):

• Civil servants are subject to private laws over any cases of prosecution over their deeds performed

İsnat ve İftiralara Karşı Koruma (Protection Against Attribution and Defamation - Article 25):

• If it is made known that there was harm intented; there will be a public prosecution issued

BÖLÜM: 4 (Section 4): Yasaklar (Prohibitions)

• Toplu Eylem ve Hareketlerde Bulunma Yasağı (Prohibition Of Collective Action And Movement - Article 26): It's illegal for civils act jointly, halt works, and slow down operations
• Grev Yasağı (Strike Prohibition - Article 27): The act of having strikes is illegal

Ticaret ve Diğer Kazanç Getirici Faaliyetlerde Bulunma Yasağı (Prohibition of Commerce and Other Profitable Activities - Article 28):

• It isn't legal for civil servants to operate in trade and industrial institutes, and have stock in certain corporations
• Civil servants are not permitted to work at any workplace which is a corporation or is public.

Hediye Alma, Menfaat Sağlama Yasağı (Prohibition of Receiving Gifts and Obtaining Benefits - Article 29):

• Civil servants cannot try to gain from their customers in any capacity

Denetimindeki Teşebbüsten Menfaat Sağlama Yasağı (Prohibition of Obtaining Benefits from the Enterprise Under Supervision - Article 30):

• The regulation that states the the governments hands must be clean, and the supervision of those are there to do

Gizli Bilgileri Açıklama Yasağı (Prohibition of Disclosing Secret Information - Article 31):

• Civil servants are also restricted from giving a way information even if there is someone there to handle things

KISIM - II (Part -2): Sınıflandırma (Classification)

Sınıf (Class - Article 32):

• Discusses civil servant jobs

Kadroların Tespiti (Detection of Cadres - Article 33):

• No civil servant may operate without proper staff

Tesis Edilen Sınıflar (Established Status - Article 36):

• The government jobs are divided up into multiple areas, like admin, help services, and other technical fields

Ortak Hükümler (General Provisions):

• Discusses the grade of the civils servant
• States that the status or the status in service is raised if you have any certain degree after another
• There is a high status of protection for staff in some capacity

Yükselinebilecek Derecenin Üstünde Bir Dereceye Yükselme (Raising the Level Above the Level That Can Be Raised - Article 37):

• Civil servant can change in what capacity their doing the service Kademe ( Level - Article 38): Discusses the step in the role one occupies

Memuriyete Girişte Yaş (Age of Entry into Civil Service- Article 40):

• Generally people over 18 years of can become member of the office