As of January 26, 2023, the law governing the transition to permanent status for all contracted personnel working in the public sector, including contracted teachers who move into permanent positions, has come into force. Personnel covered by the law will be able to apply in writing within one month and complete the transfer into permanent positions. Teachers who move to permanent posts will change from being subject to Article 4/B of the Civil Servants Law No. 657 to being subject to paragraph 4/A of the same article. This law allows them to become permanent civil servants. You can read more below about when teachers who gained permanent status will be eligible to request transfers and the details of the new regulation.
When Can a Teacher Who Gained Permanent Status Request a Transfer?
This issue, which sparked debate when the bill was first introduced to parliament, remained a point of interest after the law was published. The relevant clause in the bill states: “Those appointed to permanent positions may benefit from the provisions of Articles 72 and 74 of this Law from the date they complete four years of service, including the periods they served as contracted personnel.” These words mean that even if contracted teachers obtain permanent status under this law, they cannot request a transfer under the excuse-based category (family unity) before completing four years of service, including the time they previously served under contract.
Before this amendment, contracted teachers moved into permanent positions after three years of service (see Decree Law No. 652) and, upon becoming permanent, could apply for transfers based on the excuse group. Despite pressure from unions, the amendment passed through parliament. As objections grew, the parliamentary general assembly later amended this aspect during its deliberations.
What Changed in the New Regulation?
Under the new regulation, the following provision was adopted and enacted: “Those appointed to civil servant posts shall not be reassigned to another position for four years, including periods served as contracted personnel. During the four-year period, the positions of those who had the right to transfer under the legislation applicable before their appointment to the civil servant post may be changed in accordance with the duration, procedures and conditions set out in that legislation.”
With this amendment, the transfer rules that applied while a person served as a contracted employee remain in effect for those who were subject to a different regulation prior to becoming permanent.
Therefore, teachers who were appointed to permanent positions after serving as contracted personnel will be subject to the provision in Decree Law No. 652 that states: “Contracted teachers shall not be assigned to another place for three years, except in cases of threats to life and health.” In other words, even if these teachers obtain permanent status today, they may only apply for a transfer based on family unity after completing three years in total, including the time they served under contract.