Legislative Regulation on Sub-employer Workers, who were initially referred to as subcontractor company workers, was made with the Decree Law on the Implementation of Some Regulations under the Emergency State No. 696 published in the Official Gazette on 24 December 2017. In 2015, the government has been told by the government that employees working as sub-employer workers in public institutions will be permanent staff members of the institution they work with. The news of the hundreds, or even millions, of these workers who work in public institutions and are dependent on sub-employers has long been awaited on 24 December 2017. However, with it, it has become a matter of curiosity about who will cover the process, how to start, how to process it, what rights it will bring to the workers who bear the conditions. In this article I will share with you some points I consider important. According to this;
1. Employees who work as sub-employer employees under the general budget shall be subject to permanent staffing by means of service procurement contracts based on staffing in the public administrations, special budgetary administrations, regulatory and supervisory institutions, social security institutions, other special budget institutions listed on the list attached to the Decree Law.
2. An extra payment of 52 days a year will be made with the worker passing to the cadre.
3. Transition to cadets will not be in the form of 3-year or 5-year contracts. It will be indefinite.
4. Age and education conditions will not be required for the worker who has been transferred to the staff. However, the person to be transferred to the cadre should not be entitled to receive an old-age pension.
5. If the employee is working in the official institution, the transfer of the staff will be carried out by that administration.
6. Applications will start to be received 2 January 2018 for the transition to the position.
7. For the transition to the cadastre, workers must apply to the institution they are working within 10 days 2 January 2018.
8. On December 4, 2017, the workers shall be checked before the relevant institutions where they are working for a notice and the examination process shall be started for the administrations they are working with. After these transactions, the workers will be employed in the institution.
9. Sub-employer workers do not need to submit any documents or waivers to sub-employer companies they work with. such an application is not included in the Decree Law.
10. A peace agreement will be made between the administration and the employee.
11. Peace agreements will be made with the administration, which does not mean that the employer has given up the rights of the workers against the sub-employer companies. Sub-employer companies are not parties to the law and can not benefit it. However, when a peace settlement is made, it is necessary to take particular part in the contract.
12. The service periods of the subcontractor workers shall be taken into account in the calculation of the total service period and leave periods for the severance pay to be paid in future by the administrations within the scope of the provisions of the Labor Code.
13. The transition period will be completed within 90 days.
14. On December 4, 2017, those who are in the military and those who are suspended work due to birth and sickness will also be permanently employed.
Transitions will be held in written and / or verbal interviews.
16. Workers working as sub-employer workers with sub-employer workers who work in garbage collection, cleaning, park and garden works and personnel recruitment in the Special Provincial Administrations, Municipalities and affiliated organizations and their local associations are now in their own economic enterprises will be employed as workers.
There is a benefit of opening a little bit of Article 16 above. 16. Workers who will transfer to the institution referred to in Article shall be the workers of the institutions financed and managed by these institutions. So they will not be staff of these institutions directly.
In addition, with this arrangement, all subcontracted workers will not be permanent employees according to Article 4 / D of Law No. 657 and will not benefit the personal rights they have. Jülide Sarıeroğlu, Minister of Labor and Social Policy stated in his press statement that about 450 thousand workers working in İşkur and SGK and some general and special budget institutions will be taken to the cadre according to Article 4 / D of Law No. 657.
According to this, 450 thousand workers will be transferred to the cadre that we can call the full permanent staff and the other workers will transfer to the institutions which are currently working on the 4th of December 2017.
İbrahim Halil Elgit
MERKEZ / AYDIN
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