EXPERT SERGEANT CONTRACT TERMINATION AND NON-RENOVATION:

TERMINATION OF AGREEMENT DUE TO FAILURE TO USE IT

In the 12th article of the Specialist Erbaş Law No. 1-3269, among the reasons for the termination of the contract, "those unsuccessful in duty and not being able to benefit from him" are also listed.

2- Regarding the cases of not being used, there are detailed regulations in the 13th article of the Expert Erbaş Regulation. According to this, “… those who fail in their duty and those who cannot be benefited from (shooting, sports, training, operations and the personnel they are employed in exhibiting the values ​​of the military profession in their places of duty and behavior, who cannot reach the desired level despite the warnings and who are heavily indebted, report, report and all kinds of documents. Those who are not on duty for a period of seven days or more in a contract year without a valid excuse), who are sent to a course or training of three months or more in relation to their assigned cadre place of duty, and those who fail in the course or training, are subject to the terms of their contract in peace. regardless of their relations with the Turkish Armed Forces. These are taken to the reserve soldier source…” it is said.

WHAT ARE THE CONDITIONS OF FAILURE TO USE IT?

1- After the signing of the contract, those who cannot adapt to duty within the first five-month adjustment period and those who want to leave are terminated and their relations with the Turkish Armed Forces are terminated. The part of the non-working days is withdrawn from the prepaid pension and all other personal rights paid together with the pension.

2-Those who are unsuccessful in duty and those who cannot be benefited from (shooting, sports, training, operations, and those who can not reach the desired level despite the warnings in displaying the values ​​of the military profession in their places of employment and in their behavior, and who are heavily indebted, this situation is proven with reports, minutes and all kinds of documents. Among those who are sent to a course or training for three months or longer in relation to their assigned cadre duty places, those who fail in the course or training, and those who fail in the course or training, regardless of their contract period in peace, Turkish His relations with the Armed Forces are cut. These are taken to the reserve source.

3- By the commanders of the Brigade, independent brigade, division, region (or equivalent) of those who could not progress according to the record they received, or who received a total of eight or more disciplinary punishments from at least two disciplinary chiefs in the last year backwards from the last disciplinary punishment, or by equal institution supervisors; by the chiefs of staff for the army, its units directly subordinate to the corps (and its equivalent) and its equivalent institution chiefs; For units directly subordinate to force commands, Gendarmerie General Command, Chief of General Staff and Ministry of National Defense, by chiefs of staff or by authorized commands;

4- In the Coast Guard Command, their relations with the Turkish Armed Forces are terminated by terminating their contracts by the Coast Guard Command. The termination of the contract is notified to the relevant force command, the Gendarmerie General Command and the relevant superior, and the relevant unit command by the Coast Guard Command. Following the notification to him, the termination is completed by dismissal at the end of the transfer-delivery and other transactions to be made.

5-Anyone who has started to work as a specialist sergeant, but is later found to not meet the conditions specified in the specialist sergeant's regulation, is also terminated.

6-However, the personnel must have been warned before the termination as a form condition in the termination of the contract of the Specialized non-commissioned officer on the grounds of not being able to benefit from him. If the contract is terminated directly without warning, the termination will be against the law.

CAN A ACTION BE FILED AGAINST THE ADMINISTRATIVE PROCEDURE OF TERMINATION OF THE AGREEMENT DUE TO I CANNOT USE IT?

The sergeant, who could not be benefited from and whose contract was terminated, should immediately file an action for the annulment of the administrative act and a stay of execution should be requested. If a stay of execution decision is taken, the person is sent back to the place where he is assigned upon the request of the institution. In the meantime, the case continues on the merits. When the main decision is positive, the person continues to work.

WHAT IS THE LIMITATION OF ACTION FOR THE CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF THE AGREEMENT DUE TO I CANNOT USE IT?

Specialized sergeant specialist sergeants whose proceedings have been terminated due to non-use should file a lawsuit in administrative courts within 60 days from the notification of this decision. As a matter of fact, this period of 60 days is a period of deprivation of rights and it is not possible to file a lawsuit after these periods expire. If the person does not file a lawsuit against this process in due time, unfortunately, he/she will lose his/her right to be unemployed and he/she will be in great economic difficulties.

WHO IS THE CASE OF THE CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF THE AGREEMENT DUE TO THE FAILURE TO USE IT?