For public servants, the question of which jobs they are allowed to perform is important. Under the relevant law, civil servants cannot engage in activities as merchants or tradespeople. They are also prohibited from taking positions in trade or industry sectors. However, there are various permitted secondary activities they may undertake.
Can a Civil Servant Work in Different Jobs?
Under the Civil Servants Law, civil servants are not allowed to operate as merchants, tradespeople, or in similar commercial occupations. They cannot hold positions in trade or industrial enterprises, nor serve as commercial agents or commercial representatives. In addition, civil servants are not permitted to open offices, bureaus, or similar establishments. Although this is the general rule, some activities are explicitly excluded from these prohibitions. References in special laws create exceptions, and civil servants often wonder which activities fall within those exceptions.
One common question concerns partnership in companies. There is no general legal prohibition preventing a civil servant from being a partner in a joint-stock (anonim) or limited liability company. However, participation is allowed only if the civil servant is not listed among the persons who will manage or represent the company in the company’s articles of association, and provided they do not take part in the company’s management or audits. Another area of uncertainty relates to buying and selling stocks. In general, civil servants may hold shares in joint-stock companies, including publicly traded companies, provided they do not assume any role within those companies. Civil servants may be shareholders as long as they do not perform any duties for the company.
KHK ile İhraç Edilenler Sosyal Güvenlik Hakkına Sahip mi
Can They Give Paid Lessons?
Teachers who are permanent civil servants often ask whether they can give paid lessons to students outside working hours. The Private Education Institutions Law is the guiding regulation here. According to it, when needed, teachers working as civil servants in public schools may, with permission from their employing institution, give paid lessons within school premises for up to half of the weekly course load they are required to teach for a monthly salary. Additionally, specialist instructors, master trainers, or teacher-civil servants may, with the permission of their units, give paid lessons in private education institutions outside of official working hours for up to ten hours per week. If the instruction occurs face-to-face in a private setting such as a student’s home, this also requires permission.
Other Permitted and Prohibited Activities
There are other secondary activities civil servants may or may not perform. As noted, company partnership is generally permitted, but it must be strictly passive: the civil servant cannot act as a proxy or perform managerial duties for the company. Acting as a proxy for a company on behalf of a civil servant is not allowed because it is considered an income-generating activity.
Similarly, selling cosmetics for profit is considered a revenue-generating business and is therefore among activities not permitted for civil servants. Relevant regulations emphasize that marketing cosmetics or similar products is prohibited for civil servants. The rules even state that if a civil servant’s dependent children sell such products, the family allowance paid to the civil servant may be withheld.
Another frequently asked question concerns renting out a taxi license. Some civil servants consider leasing out a commercially registered taxi plate they own to another person in order to receive rental income without operating a commercial enterprise. However, because commercial taxi operations fall under simplified taxation for businesses, leasing a commercial vehicle plate is viewed as an income-generating activity for civil servants. Therefore, civil servants are not allowed to rent out commercial taxi plates.
It is also important to note that civil servants on unpaid leave are not permitted to engage in income-generating activities. Even during unpaid leave, their civil servant status remains in effect, and the restriction on engaging in remunerative work continues to apply.
Vergi ve SGK Borçları İçin Yeni Yapılandırma Gelecek mi