Despite KDK's Rejection Decision to Ministries 'Legislative Change’ advice!
Ombudsman Institution (KDK), At Bursa Provincial Health Directorate 4/D permanent worker working in the status and family union Mutual relocation to Ankara due to (becayish) decided on the application of an employee who requested. KDK, legislation does not allow Although he rejected the request due to, caused by existing regulations to serious grievances pertaining to attention to three ministries a critical legislative change recommendationfound in.
Application Rejected: Reason “Absence of the Right to Transfer”
A worker who wants to go to his wife, who is a public servant, in Ankara., Collective Labor Agreement 19/3 He applied for declaration based on the article. However, the Ministry of Health made this request “Difference in title and branch” He rejected it on the grounds that.
KDK, In his investigation, he found the following::
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Legal Basis: 375 Temporary Decree Law No. 23. Personnel who have become permanent workers within the scope of the article, legally There is no right to transfer to another province or unit..
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Judicial Decisions: The Supreme Court also has many decisions in this direction..
In the light of these legal findings, the Institution, The process of rejecting the applicant's request for permission lawful found.
However, Critical Emphasis from KDK: “Contradicts Fundamental Rights”
KDK, Although he rejected the request, finding it in accordance with the legislation, existing strict regulations humanitarian problems made a strong emphasis:
“Current legal framework; disabled workers, Employees at risk to life safety throw away People who want to preserve family unity It creates serious grievances for the It contradicts the fundamental rights guaranteed in the Constitution.”
Call to Three Ministries: Victims Must Be Remedied
KDK, To solve this important problem, similar situation thousands of permanent workers to the following ministries in order to take a step regarding carrying out a new legislative study made an official recommendation that:
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Ministry of Labor and Social Security
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Ministry of Treasury and Finance
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Ministry of Health
The decision also, especially disabled workers ve urgent risk situations for positive obligations will fulfill its duty flexible regulations It was also strongly stated that there was an immediate need.
The Problem of Assignment of Permanent Workers Ignited with the KDK Decision: “There are unconstitutional grievances!”
Ombudsman Institution (KDK), Mutual relocation of a permanent worker with 4/D status working at Bursa Provincial Health Directorate to Ankara (becayish) While rejecting the request due to lack of legal basis, to the government with the striking findings in the decision text. call for urgent legal regulation did.
Used Power of Rejection, Turned the Arrows of Criticism into Legislation
KDK, 375 It found the application to be legal due to the current regulations that do not grant the right to transfer to permanent workers within the scope of Decree Law No.. However, the Institution, this situation especially;
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Those who had to break the family unity,
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disabled workers,
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People at risk of life safety
for to serious grievances and that this situation is protected by the Constitution contradicts fundamental rights clearly emphasized.
