Hours of work and leave

• Hours of work:
• Article 99-
• The normal working week for civil servants
shall be in general 40 hours.
• Saturday and Sunday shall be holidays in
the arrangement of the said period.
• That notwithstanding, different hours of
work may be determined in the light of the
specific characteristics of the institutions and
the services, via special laws or statutes and
regulations to be issued in accordance with
special laws or the present Law.
• The Cabinet may set holidays to days
other than Saturday and Sunday in the
institutions abroad in line with the needs of
the service.
Determination of daily working hours

• Article 100 –
• Starting and finishing hours of daily work
and the time of the lunch break shall be set
out in accordance with the specificities
pertaining to regions and services, as
regards the central administration by the
Cabinet on a proposal from the State
Personnel Presidency, and by the governors
in the provinces.
• However, starting and finishing hours of
daily work and the time of the lunch break
for the disabled staff can be set out by a
superior administrator in the headquarters
(Ankara) and civilian authorities in provinces
considering the state of the disabled,
necessities of job, climate and conditions of
transport.
• It is possible that the civil servants work
within the starting and finishing hours of
daily work hereby mentioned without having
to be bound to the workplace pursuant to
the specialties of the public service. The
policies and procedures pertaining to this
provision are determined by the Cabinet
upon the request of State Personnel
Presidency.
• Determination of working hours and procedures for
24-hour services:
• Article 101 –
• Working conditions and hours of civil servants who
work at services that has continuity for twenty-four
hours shall be set out by their own institutions.
• However, female public servants shall not be given
night guard or night shift service before the twenty-
fourth week of pregnancy when specified by a doctor
report or after the twenty-fourth week of pregnancy
and for a year after the birth under no circumstances.
The disabled public servants shall not be given night
guard or night shift without their will.
 Annual leave

• Article 102 –
• Civil servants who have from one and up to and
including ten years of total service shall be
entitled to an annual leave of twenty days and
those with total service of more than ten years,
thirty days. Where mandatory, a maximum
travelling time of two days for departure and two
days for return may be granted additionally.
 Taking of annual leave
• Article 103 –
• Civil servants may take all of their annual leave
consecutively or otherwise, as necessary and
at times deemed appropriate by their
superiors.
• Annual leave attaching to two consecutive
years may be granted jointly. Unused annual
leave attaching to years other than the current
year and the previous year shall be forfeited.
• Teachers shall be deemed to be on leave
during their summer and rest vacations and
they shall not be entitled for further annual
leave other than sick leave or leave on special
grounds.
• Those who are exposed to radioactivity on
duty shall be entitled to an additional one
month of health leave besides their annual
leave.
 Leave on special grounds
Article 104
• Pregnant women shall be entitled to a leave
of eight weeks before the date of
confinement and eight weeks after the date
of confinement, which make sixteen weeks
in total. In case of multiple pregnancy, two
weeks of leave is added to the eight weeks
before confinement.
 Paternity leave (Babalık izni)
• Due to the confinement of their wives, men
may be granted ten days leave and they may
be granted seven days leave for their own
marriages or marriages of their children, or for
the decease of parents, spouses, children or
siblings, upon request.
 Compassionate leave (Mazeret izni)
• Other than those defined above, staff may be
granted ten days leave within a year on
personal grounds, consecutively or otherwise,
with the consent of the appointing authorities
in headquarters, the governors in provinces,
district governors in districts and diplomatic
mission chiefs abroad, with the consent of
their departmental superiors.
• Women are entitled to breast-feeding break
for three hours per day as from the date when
her maternity leave after confinement is over
and for an hour and a half per day in the
second six months.
• The woman is entitled to decide between
which hours and how many times a day to
take breast-feeding break.
 Sick and accompaniment leave:
Article 105
• Civil servants shall be entitled to sick leave by
reason of illness as shall be attested to in medical
certificates, with their current salary and
employee rights continuing unchanged, for a
maximum period of eighteen months for those
suffering from ailments such as cancer,
tuberculosis or mental illnesses requiring long-
term therapies and of twelve months for other
illnesses.
• in other cases of illness, it is allowed up to twelve
months.
Accompanying permission (Refakat
izni)
• If the mother, father, spouse, children or one of
the siblings of a public servant that he/she is in
charge of looking after or whose life may be in
peril if he/she does not attend to have an
accident or develop an illness with a long
treatment process, this civil servant is entitled
to a leave for a maximum period of three
months with the salary and personal benefits
remain on condition that this is certified by a
medical certificate. If necessary, this period can
be extended to cover another period of the
same length.
 Leave without pay
• Women after confinement may be granted
unpaid leave up to twenty four months as
from the date maternity leave that is
mentioned in the Article 104 is over upon
their request.
 Leave without pay
• Civil servants may be granted unpaid leave
of a maximum one year to be used for
maximum two times throughout the service
provided that they have completed five
years of service which are taken into
consideration while calculating the annual
leave.
 Military Service
• Civil servants who leave service for military
service shall be deemed to be on unpaid leave
in the course of the military service and their
posts shall be maintained.
 Change of workplace/categories and
apointments
• Change from one category to another:
It is permissible to change categories at equal
grades or by grade promotion. Staff who
changes categories in this way must possess the
qualifications set out in the 657 Act or the
legislation of the institutions.
In such cases, the employment period in steps
accrued in the grade in the former category
shall be taken into account for the grades in the
new category.
 Change from one category to another

• Institutions may appoint their staff from the

category of general administrative services
to a category related to their professions or
vice versa with their grade entitlement
irrespective of the equivalence of position
and title.
 Appointments in the form of a change
of workplace
• Appointments in institutions in the form of
a change of workplace shall be made
according to a fair and balanced system,
having regard to the requirements and
specifications of the services and among
regions that shall be defined in province
groups with respect to similarity and
proximity of economic, social, cultural and
access conditions in Turkey.
 Transfers between institutions
• Civil servants may be transferred between
the institutions referred to in the 657 with
the consent of the institutions, at the grade
entitlement or grade advancement set out
in the framework of Article 68, either in
their current categories or categories
admitted with regard to their level of
education.
 Transfers between institutions
• In appointments lower than the grade
entitlement, it shall be stipulated that the
difference between the grade of the post for
the appointment and the grade entitlement
shall not exceed 3 grades and the staff
concerned must give their consent.
Change of an official's duties and place of
work by the institutions
• Institutions may appoint staff with their
acquired grades to posts with equivalent or
higher grades within the framework of
Article 68, to the same posts or to other
posts in other locations within the same
institution irrespective of whether the
duties and titles are equivalent.
Change of an official's duties and place of
work by the institutions
• Staff may be appointed within their
institutions to posts in the same or in another
place at their own request with a maximum of
3 grades lower than their grade entitlement.
 Service abroad or in international
organisations
• Civil servants assigned abroad or to
international organisations with the consent
of their institutions may be granted unpaid
leave and with the permission of the
Ministry concerned (provided that the
permission is renewed every three years) up
to a maximum during the period of total
service of 10 years where the staff are
assigned abroad, or 21 years where the staff
are assigned to international organisations.
 Service abroad or in international
organisations
• The cadres pertaining to such staff who
obtains leave as set out in the above
paragraph shall remain and the pension
rights for the years of employment abroad
or in international organisations shall be
maintained, subject to the provisions of
Article 31 of Law 5434.
Dispatch to abroad for training
purposes
• Civil servants recruited to public service after the
completion of their professional education and
appointed as established civil servant who are:
• successful in the selective or competitive
examinations organised by their institutions, or
• found eligible for foreign scholarships
• may be sent abroad for training for duties relating
to their professions, education, increasing their
knowledge or on-the-job training, and as such may
be granted leave for a maximum of two years.
• Where required, the said period may be extended
by a maximum of a further two years.
Rights and responsibilities of those
dispatched to abroad for training purposes
• The cadres of those referred to in Article 78
shall be maintained. The contracts of those
employed on a contract basis shall continue
to be valid and they shall receive 60% of
the net amount of their salary and all the
other remuneration as well as their
contractual remuneration after the legal
deductions by their institutions.
 Rights and responsibilities of those
dispatched to abroad for training
purposes

• Step advancement, pension, and all the

other rights and responsibilities pertaining
to such staff shall continue unchanged.
• They shall take up their duties within 15
days after the end of their leave, excluding
travelling time.
 Rights and responsibilities of those
dispatched to abroad for training
purposes
• The period of unpaid leave granted by their
institutions shall be taken into account on
the basis of the current grades in the
calculation of pension, provided such staff
accept to pay the employee's and
institution's contributions into the Turkish
Pension Fund on a monthly basis.
 Rights and responsibilities of those
dispatched to abroad for training purposes

• Staff appointed by their institutions abroad

shall be entitled to remuneration of two
thirds of the foreign salary of diplomats
who are on permanent duty in the country
of destination, receiving a salary
corresponding to step one of grade nine.
 Rights and responsibilities of those
dispatched to abroad for training purposes

• Staff who does not take up their duties at

the end of their leave shall be deemed to
have resigned.
• Staff resigning in this way shall reimburse
twice the amount of all the payments
borne by their institution including
salaries and travelling expenses.
 Rights and responsibilities of those
dispatched to abroad for training purposes

• Those who had taken up duty but later

resigned or were dismissed before the end
of their obligatory service as a result of
disciplinary proceedings shall pay twice the
amount corresponding to the remaining
obligatory service.
 Call-up for military service

• Staff who are called up to military service in

peace or war shall be deemed to be on leave
until the call-up ends.
Acting appointments and conditions for
remuneration
• Acting staff may be appointed from the
same institution, other institutions or from
outside to the positions of those who are
temporarily absent from the service due to
statutory leave, temporary assignment,
disciplinary action or temporary suspension.
• As a principle, where civil servants are
assigned as deputies, they shall not be
entitled to remuneration.
 Staff whose cadres are abolished
• Those whose cadres are abolished shall be
appointed to another cadres that fits their
capability in six months at the latest.
• If there is not a possibility that these public
servants can be appointed within their
institutions, the State Personnel Presidency
shall be informed of this so that they are
appointed to a cadre within another
institution.
Staff whose cadres are abolished

• They work at suitable duties that fit their

capability in their institutions until the
appointment is done and continue to
benefit from the financial and social aids of
their previous positions until they are
appointed.