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Approved in the Turkish Grand National Assembly: Pension increase and many regulations are in effect

Approved in the Turkish Grand National Assembly: Pension increase and many regulations are in effect

An omnibus bill that will increase the minimum retirement pension from 14,469 lira to 16,881 lira and make changes in the Turkish Armed Forces was approved in the Turkish Grand National Assembly.

The discussions on the Bill of Law on Amending Certain Laws and Decree Law No. 375, which includes regulations on the minimum retirement salary, were completed in the General Assembly of the Turkish Grand National Assembly.

Articles 6, 12, 13, 14 and 17 of the proposal were removed from the text of the bill, while the other articles became law.

LOWEST RETIREMENT MONEY

According to the Law on Amendments to Certain Laws and Decree Law No. 375, the minimum retirement pension will be increased to 16,881 lira as of the July payment period.

The law amends the Labor Law's provision titled "Issues Regarding the Implementation of Administrative Fines." Accordingly, administrative fines stipulated in the law will be imposed by the Provincial Director of the Labor and Employment Agency, with a stated justification.

CHANGES IN THE LABOR LAW

Administrative fines imposed on employers with workplaces in more than one province, in accordance with the Labor Law provisions titled "Violation of the obligation to employ disabled individuals and ex-convicts" and "Violation of employment and employee finding provisions," will be imposed by the Provincial Director of the Labor and Employment Agency where the workplace is headquartered. Applied administrative fines will be collected in accordance with general provisions.

For administrative fines to be imposed on those who act contrary to the regulation on "contradiction to the provisions on employment and employment", the amounts in the provision titled "Administrative fines" of the Law on Certain Regulations Regarding the Turkish Employment Agency will be taken as basis.

NEW REGULATION FOR NATURE CONSERVATION AND NATIONAL PARKS

Because the General Directorate of Nature Conservation and National Parks was organized as a special-budget public administration by Presidential Decree No. 175 on Amendments to Certain Presidential Decrees, the Public Financial Management and Control Law is being amended. Accordingly, the term "General Directorate of Nature Conservation and National Parks" is being added to the "Other Special-Budget Administrations" section of Annex 2 of the Law.

SPECIAL ACCOUNT APPLICATION FOR EU GRANTS

By law, amounts in the form of grants transferred from the European Union and international organizations to the administrations listed in Schedules 1, 2, and 4 annexed to the Law on Amendments to Certain Laws and Decree Laws for projects will be tracked in special accounts without being recorded as revenue in the budgets of the relevant administrations. The principles and procedures for implementing this provision and accounting for transactions will be determined by the Ministry of Treasury and Finance, without prejudice to the provisions of international agreements. This provision will enter into force on the date of publication of this regulation, applicable to transactions conducted after the publication date of this Law.

The minimum retirement pension will be increased from 14,469 lira to 16,881 lira. According to the amendment to the Social Security and General Health Insurance Law, the total monthly payments made, including monthly payments from disability and old-age insurance, will not be less than 16,881 lira, including any additional payments made pursuant to the relevant regulation, on a case-by-case basis. This provision will enter into force on the date of publication of the regulation, effective from the July payment period.

REGULATIONS FOR VOCATIONAL QUALIFICATION INSTITUTIONS

In accordance with the Constitutional Court's annulment decision, the Law on Certain Regulations Regarding the Vocational Qualifications Authority has been amended, establishing the provision "Works to be performed through agency and exceptional contracts." Accordingly, for temporary work requiring specialized knowledge and expertise, the knowledge and experience of foreign consultants and experts can be utilized through agency or exceptional contracts, while the knowledge and experience of domestic consultants and experts can be utilized through exceptional contracts. The amount to be paid to these consultants will be determined by the Minister of Labor and Social Security, taking into account the importance and nature of the task and the days and hours worked, and not exceeding three times the amount calculated by multiplying the 48,800 indicator figure by the civil servant monthly coefficient.

Utilizing specialized knowledge and expertise under this provision will not constitute vested rights to any position, cadre, or status in public institutions and organizations upon termination of the contract. The procedures and principles regarding the implementation of this provision, including the number of people and days of service to be utilized, will be determined by a regulation to be issued by the Ministry of Labor and Social Security. This provision will enter into force on the date of publication of this regulation, effective June 4, 2025.

AMENDMENT TO DEcree Law No. 375

In accordance with the Constitutional Court's decision, amendments are being made to Statutory Decree No. 375. Accordingly, within the scope of the implementation of Provisional Article 1 of Presidential Decree No. 73 on the Establishment of the Ministry of Family and Social Services and the Ministry of Labor and Social Security, and Amendments to Certain Presidential Decrees Concerning the Execution of Public Personnel Procedures, the said regulations will continue to be applied to those whose financial rights have been changed, or whose title, unit, or ministry they serve in has changed, and who are subject to the relevant provision of Statutory Decree No. 375 and other relevant legislation.

This is intended to ensure that the legal basis for payment of existing financial entitlements to employees who continue to benefit from these benefits is not eliminated, and to prevent the relevant personnel from losing their rights. This provision will enter into force on the date of publication of the regulation, effective June 24, 2025.

Five articles were removed from the bill.

In line with the accepted proposals of the AKP , 5 articles were removed from the bill text and one article was amended.

Accordingly, five articles regulating the Ministry of Labor and Social Security's authority to issue regulations for provincial areas, written electronic notification, private employment agencies' data sharing with İşkur, and the ability to submit applications to the Social Security Institution (SGK) to the Ministry's overseas organization were removed from the bill.

With the AKP’s accepted proposal, the 9th article of the proposal was amended, and the calculation method of overtime pay to be paid to civil servants and contract personnel working in units affiliated with the provincial youth and sports directorates was clarified.

Following the acceptance of the proposal in the Turkish Grand National Assembly General Assembly, Deputy Speaker Bekir Bozdağ adjourned the session to reconvene at 14:00 today.

REGULATIONS IN THE TSK

The law amends the Turkish Armed Forces Personnel Law. Accordingly, promotion to the rank of lieutenant general or vice admiral requires the successful completion of command and staff training at a force war institute and the qualification of a combatant general or admiral.

A maximum of 60 generals and admirals from among the combatant and assistant class generals and admirals whose continuation of service in their current rank is deemed necessary due to service and duty requirements may continue to serve in the same rank for another year by a two-thirds majority decision of the Supreme Military Council upon the proposal of the Minister of National Defense, in consultation with the General Staff, provided that they come after those whose proficiency score has been increased to the next higher rank according to the annual quota in the qualification ranking for promotion.

In cases of necessity, the number of generals and admirals continuing to serve may be increased up to 75 by decision of the Supreme Military Council upon the proposal of the Minister of National Defense, in consultation with the General Staff and in accordance with the requirements of the service.

The age limit for generals and admirals appointed to Force Command will be raised to 67. The President is authorized to extend the age limit for force commanders and generals and admirals for one year, up to 72.

According to the amendment to the law, combatant personnel holding the ranks of major general, rear admiral, brigadier general, and rear admiral on the effective date will no longer be required to successfully complete the command and staff training at the Force War Institutes to be promoted to the rank of lieutenant general or vice admiral. Personnel who successfully complete the War Academies will be considered to have successfully completed the command and staff training at the Force War Institutes.

AMENDMENTS TO THE TOURISM PROMOTION AND NATIONAL PARKS LAW

With the amendment made to the Tourism Encouragement Law in line with the annulment decision of the Constitutional Court, free-entry daily facilities built by the Ministry of Culture and Tourism will be operated exclusively by the Ministry's Revolving Funds Central Directorate or by companies in which it has at least a 45% equity stake, and will not be transferred or operated by third parties.

With the amendment to the National Parks Law, the Nature Conservation and National Parks Revolving Fund enterprises operating under the Ministry of Agriculture and Forestry are being redefined as the General Directorate of Nature Conservation and National Parks Revolving Fund enterprises and are being transferred, including personnel and all assets. Furthermore, accounting services are now being provided to the Ministry of Treasury and Finance for a period of five years.

REGULATIONS FOR THE MINISTRY OF LABOR AND SOCIAL SECURITY

The Ministry of Labor and Social Security will be able to establish revolving fund enterprises. A total capital of 100 million Turkish Lira will be allocated to enterprises covered by this regulation. The allocated capital amount can be increased up to fivefold by Presidential decree. The Ministry will allocate the revolving fund to enterprises, and any reductions or increases in allocated amounts will be handled by the Ministry.

The revolving fund will consist of budget allocations, in-kind assistance, profits from revolving fund activities, donations, and aid. Donations and aid will be added to the allocated capital amount, without being limited to the allocated capital. Profits from the operation of the revolving fund will be added to the revolving fund until the paid-in capital reaches the allocated capital amount. Matters regarding the fields of activity, revenues, expenses, and auditing of enterprises will be determined by regulations issued by the Ministry upon the approval of the Ministry of Treasury and Finance.

The provisions regarding the Ministry of Labor and Social Security will enter into force on the date of publication of the regulation, to be applied as of June 24, 2025.

OTHER PROVISIONS

The amendment to the Youth and Sports Services Law regulates the provision titled "Determination of Daily Working Hours." Accordingly, the working hours of civil servants and contract personnel working in youth centers, youth offices, dormitories, camps, sports facilities, athlete training centers, Turkish Olympic preparation centers, and other units within the Ministry of Youth and Sports will be determined by the Ministry, taking into account the working hours specified in the Civil Servants Law, to ensure the uninterrupted delivery of services. The relevant legislation regarding personnel with disabilities and pregnant women will be reserved. The procedures and principles regarding the implementation of this provision will be determined by the Ministry.

OVERTIME REGULATION FOR YOUTH AND SPORTS PERSONNEL

Overtime pay for overtime work performed by civil servants and contracted personnel who do not have the opportunity to be granted leave in return for their overtime work, not exceeding 12 thousand, in youth centers, youth offices, dormitories, camps, sports facilities, athlete training centers, Turkey Olympic preparation centers and other units established under the provincial directorates of youth and sports, will be paid five times the overtime hourly wage determined in the annual central government budget law for each hour, provided that the maximum overtime hours determined annually by the Ministry of Treasury and Finance are met and not exceeding 90 hours per month for each personnel.

Those paid under this provision will not be eligible for any overtime payments under any other legal provisions. The procedures and principles regarding this payment will be determined by the Ministry of Youth and Sports.

WEEKEND HOLIDAY EXCEPTION FOR TOURISM WORKERS

With the amendment to the "weekly holiday pay" provision in the Labor Law, an exception is made to the general rule that weekly leave will be used for one day per week for personnel working in accommodation facilities with a tourism operation license from the Ministry of Culture and Tourism, while preserving the right to a weekly holiday earned through weekly working hours and taking into account the needs arising in the tourism sector.

Accordingly, employees working in accommodation facilities licensed by the Ministry of Culture and Tourism may use the weekly holiday they are entitled to under the regulation, upon the employee's written request or approval, within four days of the date of entitlement. In this case, the portion of the employee's work performed during the weekly holiday, equivalent to their normal daily working hours, will not be counted towards overtime calculations. The employee may withdraw their consent by providing 30 days' prior written notice to the employer.

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