There is no legal basis in our relevant legislation to require a period of service in appointments to senior (1-4) academic positions.
In this article, we will discuss whether the service period requirement required by the Civil Servants Law No. 657 can be required for appointments to senior teaching staff positions in universities.
As it is known, the appointment procedures of faculty members and other regulatory issues are regulated in the Higher Education Law No. 2547, the Higher Education Personnel Law No. 2914, and the secondary legislation issued based on them.
In the 2914th article of the Higher Education Personnel Law No. 20 titled "Other Applicable Legal Provisions", "In cases where there is no provision in this Law, the provisions of the Higher Education Law No. 2547 and the Civil Servants Law No. 657 apply..” There is a provision.
In Article 657/B of the Civil Servants Law No. 68, which regulates the conditions sought for appointment to high-ranking positions; “Except for the Education and Training Services Class and the Health Services and Auxiliary Health Services Class, appointments can be made to the positions in the 1st, 2nd, 3rd and 4th grades of the classes, from the lower grades, according to the appointment procedure, without requiring the duration of the grade promotion.
However, in order for such an appointment to be made;
a) At least 1 years for 5300st degree staff with an additional indicator of 12 and above,
b) At least 1 years for 2st and 5300nd degree staff with an additional indicator of less than 10,
c) At least 3 years for 4rd and 8th degree positions,
It is necessary to have service and to have received higher education.
In summary, in the opinion dated 657 December 26 given by the State Personnel Presidency regarding whether the service period requirement required for appointments to senior positions in the Civil Servants Law No. 2016 can be applied to faculty members; “It is considered that it is NOT POSSIBLE TO IMPLEMENT THE PROVISIONS OF CIVIL SERVANTS LAW No. 2914, Article 3/B, since the starting degrees of the teaching staff are shown separately in the 7rd article of the Higher Education Personnel Law No. 8, and the manner in which the degree promotion and step progression will take place are explained in the 657th and 68th articles of the said Law..” The statement was included.
When the legal regulations and the opinion of the repealed State Personnel Presidency are evaluated together; Since issues such as the appointment conditions of faculty members, degree promotion and step advancement are clearly regulated in the Higher Education Law No. 2547 and the Higher Education Personnel Law No. 2914, it is not a correct interpretation to claim that the service period requirement in Law No. 657 is a compelling factor in academic staff appointments, stating that there is a situation for which there is no provision. . As a matter of fact, even for appointments to the position of professor at universities, there is a requirement to work in the relevant field of science for five years after receiving the title of associate professor, and it is not envisaged to fulfill this by working at a university.
Therefore, it is considered that the elimination of candidates applying for 1 to 4 grade teaching staff positions announced by universities on the grounds that they do not have sufficient service period is not in accordance with the law, considering the provisions of the current legislation and the opinion of the abolished State Personnel Presidency.
