Law No. 657 on Civil Servants; Article 152 stipulates that “…
335 per cent for the Governor of the State of Emergency Region, Provincial Governors and the Director General of Security (Governor) …”.
Since there is no Governor of the State of Emergency Region, there will be no additional payment for the local administrative chiefs working in the region.
Compensation stipulated in Article 28 of the Decree Law No. 375
“A) Those who serve as special operations and operation teams in regions where a state of emergency has been declared or in critical regions to be jointly determined by the Ministries of National Defence and Interior; The personnel in the security services class cadres of the General Directorate of Security and contracted flight personnel, officers, non-commissioned officers, specialised gendarmerie, specialised privates and contracted privates and privates, and the personnel assigned to the headquarters and offices that actually conduct and manage the operations in the areas specified in the Presidential approval to be taken in accordance with this paragraph 9000, In addition to the compensation in paragraph (B), additional compensation shall be paid to the conscripts and privates in addition to the compensation in paragraph (B) as long as they are actually on duty and in proportion to this period, not exceeding the monthly amount to be found as a result of multiplying the 4500 indicator figure by the coefficient applied to civil servant salaries.
The settlement units to be paid compensation, the amount of compensation to be paid on a monthly or daily basis, the procedures and principles of payment of compensation, and in which cases it will be discontinued shall be determined by the Presidential Decree.
In case of disabilities and injuries arising from these duties, payments shall continue to be made during the treatment period, and in case of illness, during the treatment period in the hospital (even if the reserve officers, conscripts and privates are demobilised) without the condition of actually serving. However, payments in these cases shall not exceed 24 months in any case and shall cease in the event of a final action other than the advance payment of compensation to be paid in accordance with the Law dated 3.11.1980 and numbered 2330 and the Law dated 28.2.1982 and numbered 2629.
The provisions of this paragraph shall also apply to the active intelligence officers of the state who actually perform active intelligence duty for security and public order in these settlements, depending on the risk and difficulty of the duty. The amount of additional compensation to be paid to them shall be determined directly by the President of the Republic, not exceeding the payment made to equivalent personnel.
B) Personnel subject to the Civil Servants Law No. 657, Turkish Armed Forces Personnel Law No. 926, Expert Gendarmerie Law No. 3466, Expert Recruit Law No. 3269, Judges and Prosecutors Law No. 2802, Higher Education Personnel Law No. 2914, contracted personnel employed in the Turkish Armed Forces and the General Directorate of Security, contracted personnel employed in the Undersecretariat of the National Intelligence Organisation and temporary village guards, except for those working in local administrations and their affiliated institutions; Those who are assigned in the State of Emergency Region and neighbouring provinces and other provinces to be determined by the Presidential decree may be paid monthly additional compensation not exceeding the amount shown in the budget laws each year.
The amount of additional compensation to be paid to the personnel in which positions, in which cases it will be deducted, and other procedures and principles regarding the payment shall be determined by the President of the Republic by taking into account the characteristics of the duty location, the importance and difficulty of the duty, the difficulties in obtaining personnel, whether the personnel are subject to compulsory service or not, and the financial means of the State.
The amount of additional compensation to be paid to the personnel included in the National Intelligence Services Class shall be determined directly by the President of the Republic by taking into consideration the equivalent personnel.
The additional compensation determined in this way shall not constitute a vested right for the personnel.
State Economic Enterprises are authorised to make payments to their personnel within the scope of this article or to make payments lower than the amount paid to equivalent personnel to the extent of their financial means.
The compensations in this article are not subject to any taxes and deductions, including Stamp Duty.”
Provisions in the 2023 Central Budget Law:
375 The monthly amount of the additional compensation to be paid pursuant to paragraph (A) of Article 28 of the Decree Law No. 28 may not exceed 835 Turkish Liras for conscripts and privates.
The ceiling of the additional compensation to be paid pursuant to paragraph (B) of Article 28 of the Decree Law No. 375 shall be 370 Turkish Liras. However, the President is authorised to increase this amount up to 50%.
WHO RECEIVES OHAL COMPENSATION
Law No. 657 on Civil Servants,
Turkish Armed Forces Personnel Law No. 926,
Law No. 3466 on Expert Gendarmerie,
Law No. 3269 on Expert Privates,
Law No. 2802 on Judges and Prosecutors
Personnel subject to the Higher Education Personnel Law No. 2914 and
Contracted personnel employed in the Turkish Armed Forces and the Turkish National Police
Contracted staff employed by the Undersecretariat of the National Intelligence Organisation
Temporary village guards
Personnel of State Economic Enterprises (authorised to make payments to the personnel within the scope or to make payments lower than the amount paid to the equivalent personnel to the extent of their financial means).
WHO CANNOT RECEIVE STATE OF EMERGENCY COMPENSATION
Employees of local administrations and their affiliated organisations: Municipalities, special provincial administrations and local administration unions established by them or of which they are members, and the personnel of their affiliated organisations
ADDITIONAL STATE OF EMERGENCY COMPENSATION (OPERATION COMPENSATION)
This compensation is mostly related to the fight against terrorism. However, we think that there is no obstacle to the application of additional compensation since theft, looting, armed robbery of vehicles are observed in the SoE region.
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