Istanbul Administrative Court, It found the administration's decision that contracted personnel could not benefit from the right to work part-time after giving birth to be unlawful and decided to stay the execution..
ISTANBUL – Sağlık-Sen, which continues its legal initiatives to protect the rights of health and social service workers, signed a historical precedent decision for contracted personnel. The lawsuit filed after the part-time work request of a contracted personnel working within the Ministry of Family and Social Services in Istanbul was rejected., resulted in an achievement that closely concerns all contract employees.
How the Process Developed?
A contracted social service personnel working in Istanbul, She applied to the administration with a request for part-time work, which is her legal right after birth.. But administration, Claiming that the current regulation only covers permanent civil servants, he stated that contracted personnel cannot benefit from this right and rejected the request..
Sağlık-Sen took the matter to court
Saglik-Sen, which took action upon the victimization of its member, this distinction in the regulation by taking the matter to court “to the principle of equality” argued that it was contrary. union lawyers, He emphasized that rights in working life should be implemented regardless of status differences..
The Court's Reasoning: “Illegal and Impossible to Recover”
Istanbul Administrative Court examining the case, He found Sağlık-Sen's theses justified and made the following remarkable findings::
Illegality: Depriving contracted personnel of this right is against the spirit of the legislation..
Risk of Victimization: It was stated that the administration's rejection decision could cause irreparable damage to the family and working lives of the personnel..
For these reasons, the court, decided to suspend the execution of the administration's action.
”this decision, not just for one of our employees, It serves as a precedent for thousands of contracted public personnel in similar situations.”
Result and Gain
With this precedent decision, The right of contracted social service personnel and other public employees to work part-time after birth has been paved.. Health-You, He proved once again that he will continue to support his employees at the legal desk as well as his field work..
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