CAN Sergeant Specialist RECEIVE COMPENSATION IN CASE OF TERMINATION OF THE CONTRACT?

Contracts of specialist sergeants can be terminated in the following cases;

• Not being assigned to the position within the first 5-month period of the contract,
• Realizing that a specialist sergeant cannot be used on duty,
• Failure to advance in rank based on their record,
• Even if the sentence imposed is suspended or the decision to postpone the announcement of the sentence is made; Crimes committed against the personality of the state and disgraceful or degrading crimes such as simple and qualified embezzlement, extortion, slander, bribery, theft, fraud, forgery, abuse of faith, perjury, perjury, accusation of crime, rape, molestation, kidnapping a girl, woman or man, incitement to prostitution, unnatural infidelity, fraudulent bankruptcy, etc. Being convicted of smuggling, excluding exploitation and consumption smuggling, rigging official tenders and purchases and sales, revealing state secrets, desertion, actually attacking a superior or superior, insisting on disobeying orders, insulting superiors, resisting, sedition, rebellion,
• Being convicted of the crimes specified in Article 148 of the Military Penal Code No. 1632,
• It is determined that he cannot be used due to health problems,
• Being convicted by the courts of a prison sentence of more than thirty days for other crimes, excluding negligent crimes,
• Being sentenced to a prison sentence restricting freedom for six months or more due to a reckless crime,
• Restriction of freedom for more than thirty days in total within the last year from the date of receiving disciplinary punishment by at least two disciplinary superiors,
• Among those who marry foreign nationals; These marriages are not deemed appropriate by the General Staff within the principles specified in the regulation,
• The specialist sergeant loses or is expelled from Turkish citizenship for various reasons.

In order for a specialist sergeant to be entitled to compensation due to termination, his contract must be terminated without his own fault. No compensation will be paid to the at-fault specialist sergeant after the contract is terminated. Specialist sergeants whose contract expires and does not renew will also be entitled to compensation. Specialist sergeants who believe that their contract has been terminated unfairly can file an annulment lawsuit and return to duty, as well as receive compensation.

How to Calculate Specialist Contract Termination Compensation?

Those who left the specialist sergeants because their term of office was not extended or because they completed their contract period, even though they were not at fault; Those whose service period is less than five years are given a bonus in the amount of twice their last net salary multiplied by the total years of service. For those whose term of office is more than five years, a bonus is given in an amount determined by multiplying their last salary by the total number of years of service over five years, according to the specified calculation. However, the upper limit of the bonus to be paid to specialist sergeants cannot be more than twenty times their last net salary.

How Much Compensation Does a 3-Year Master Sergeant Receive?

The salaries of specialist sergeants vary depending on their place of duty and rank. If we take the 2026 specialist sergeant salary amount as a basis; If we multiply the net salary of a specialist sergeant who has been working in the east for 3 years by two and then multiply it by three, which is the length of service, he will be entitled to compensation around 100%. A normal specialist sergeant will be entitled to a bonus of around .

Is a Medical Report Required for Staff Sergeant Contract Renewal?

In order to renew the contract, specialist sergeants must have the health qualifications specified in the regulation according to the task characteristics of the position in which they are or will be employed. The sergeant who wants to renew the contract must apply to a full-fledged military hospital, undergo an examination in accordance with the required conditions and obtain a medical report.

Specialist Sergeant Contract Termination Decisions of the Council of State

Council of State 12th Department 2020/4583 E., 2021/968 K. 24/02/2021 T.

About the plaintiff; ... Although the action in question was established upon the decision of the Criminal Court of First Instance dated... and numbered E:..., K:... to be sentenced to 1 year and 3 months imprisonment for the crime of "violation of residential immunity" and the said decision becoming final without appeal, it was determined by the additional decision of the Sarıoğlan Criminal Court of First Instance dated 21/07/2016 that the said conviction decision was finalized unlawfully by improper notification to the plaintiff, Considering that it was definitely decided to suspend the execution of the decision, to send the file to the Chief Public Prosecutor's Office of the Supreme Court of Appeals for review, since the decision was not finalized due to the notification irregularity and the appeal request was accepted, the procedure regarding the termination of the contract based on the criminal court decision made about the plaintiff, but not yet final, was not found to be in compliance with the law.

Council of State 12th Department 2019/5662 E., 2022/1346 K. 22/03/2022

In the incident in dispute, the plaintiff, who worked as a specialist sergeant in … Commando Brigade … Commando Battalion Command, was sentenced to deduction from salary with the action dated 02/03/2016 given by the Company Command due to the "short-term act of escaping", and that he could not be taken advantage of because he could not reach the desired level in displaying the values of the military profession, on the grounds that he had committed the same act repeatedly, as stated in the report kept on 14/02/2018. Although the termination of the contract was evaluated and the plaintiff's alleged act was not subject to disciplinary investigation and no disciplinary penalty was imposed due to the said act, it is seen that the plaintiff has an incapacity certificate issued by Adana Governorship, Yüreğir District, Cumhuriyet Community Health Center Yamaçlı Family Health Center dated the same date as the date of the minutes (covering the period between 14/02/2018 and 23/02/2018). In addition, the plaintiff was not punished with room imprisonment or not leaving the place of service for a total of thirty days or more in the last year; He has not received a total of eight or more disciplinary punishments from at least two disciplinary superiors in the last year, starting from the last disciplinary punishment he received; There is no conviction against him for the crimes specified in Article 13 of the Regulation; Since it is not possible to "display the values ​​of the military profession in shooting, sports, training, operations and in the positions and behavior of the staff in which he is employed, he cannot reach the desired level despite warnings, he is excessively indebted and he does not come to duty for seven days or more within a contract year without an excuse"; It is understood that it is not legally possible for the plaintiff to be considered as a personnel who "cannot be exploited" and therefore the conditions that would require the termination of his contract within the scope of Article 13 of the Specialist Private Regulations have not been met in the concrete case.

Council of State 12th Department 2021/3055 E., 2021/7199 K. 29/12/2021_

Article 10 of the Specialized Officers Law states that the total of the air exchange and rest period of the specialist officers cannot exceed three months in the last year, excluding the treatment period, and as it is clearly understood from the provision of the Law, the air exchange and rest periods to be given for the purpose of treatment will not be counted in the calculation of the three-month period, and an acceptance to the contrary, the specialist sergeants who work under the risk of injury or illness at any time due to their profession, are subject to reports given for treatment purposes. As a result, it is clear that their contracts will be terminated. In the incident, it is clear that the plaintiff was hospitalized on 21/03/2019 and the 44 and 35-day reports he received, starting from 23/03/2019, were given for the purpose of post-operative treatment; It is undisputed that expecting a soldier who had knee surgery to join his unit and serve the day after the surgery would be contrary to the normal flow of life. In this case, since it was concluded that the 44 and 35-day reports received by the plaintiff, starting from 23/03/2019, should be counted as part of the post-operative treatment process and cannot be included in the three-month period specified in Article 10 of Law No. 3269, the action in question, which was established in the opposite direction, was not found to be in compliance with the law.

You can send any questions you may have regarding the termination of the specialist sergeant contract to our office by filling out the form below.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy