TERMINATION OF CONTRACTED PRISONERS' AND COOPERATES' CONTRACTS DUE TO

THE ADMINISTRATIVE PROCESS OF TERMINATION OF THE CONTRACT DUE TO RECEIVING A REPORT MORE THAN 90 DAYS

ACTION FOR CANCELLATION

TERMINATION OF AGREEMENT DUE TO REPORT OVER 90 DAYS

In Article 6 of the Contracted Privates and Privates Law No. 1-6191, titled Termination of the Contract by the Administration, "After the conclusion of the contract; a) In peace and war, those who have suffered an attack, accident or contracted an occupational disease while performing their duty or due to their duty, b) A patient who is stated to need a long-term treatment in the reports of health committees such as cancer, tuberculosis, chronic kidney failure, and mental and nervous diseases. The total of the air change and rest period of the contracted sergeants and privates, in the last one year (inpatient treatment) backwards from the start of the rest and air change (excluding the process of becoming a member) cannot exceed three months. The most recent air change and rest time are included in the calculation of the time. The contracts of those whose weather change and rest period exceed three months will be terminated and their relations with the Turkish Armed Forces will be terminated.

2-As it is clearly explained in the text of the law, "the sum of the air change and rest period of the contracted sergeants and privates cannot exceed three months in the last year (except for the inpatient treatment) from the date of the rest and air change." The rest and air change reports given within the last year from the date of the start of the weather change will be taken into account.

3- Considering the letter of the law, for the termination of the contract to take place; "The sum of the air change and rest period of the contracted sergeants and privates cannot exceed three months in the last year (excluding the inpatient treatment period) backwards from the date of the start of the rest and air change. The most recent air change and rest period are included in the calculation of the time. and those whose rest period exceeds three months, their contracts are terminated and their relations with the Turkish Armed Forces are terminated.

4- If the reports are not given within the last year backwards from the date of rest and weather change, or if the total duration of the reports received is not more than 3 months, it cannot be shown as a reason for termination of the contract. If the aforementioned reports are given to the person regarding "a disease that requires a long-term treatment such as cancer, tuberculosis, chronic kidney failure and mental and nervous diseases", these reports will not be counted within the scope of the 3-month termination reason. If the nature of the reports is in the form of an "incapacity for work" report, the periods during which these reports are given will also be considered within the scope of treatment and will not be shown as a reason for termination of the contract.

CAN A ACTION BE FILED AGAINST THE ADMINISTRATIVE PROCESS OF TERMINATION OF AGREEMENT DUE TO THE REPORT OVER 90 DAYS?

The contracted privates and non-commissioned officers whose contracts are terminated due to a report over 90 days should immediately file an action for the annulment of the administrative act and a stay of execution should be requested. If a stay of execution decision is taken, the person is sent back to the place where he is assigned upon the request of the institution. In the meantime, the case continues on the merits. When the main decision is positive, the person continues to work.

WHAT IS THE TIMELINESS FOR CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF AGREEMENT DUE TO RECEIVING A REPORT OVER 90 DAYS?

Contracted privates and non-commissioned officers whose transactions have been terminated due to the receipt of a report over 90 days should file a lawsuit in administrative courts within 60 days from the notification of this decision. As a matter of fact, this period of 60 days is a period of deprivation of rights and it is not possible to file a lawsuit after these periods expire. If the person does not file a lawsuit against this process in due time, unfortunately, he/she will lose his/her right to be unemployed and he/she will be in great economic difficulties.

WHO IS THE CASE OF CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF THE AGREEMENT DUE TO THE REPORT OVER 90 DAYS?

As we have mentioned above, the contracted privates and non-commissioned officers who have been dismissed due to a report over 90 days should file a lawsuit against the institution they are working for within 60 days.

WHERE IS THE CASE FOR CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF AGREEMENT DUE TO REPORT OVER 90 DAYS?

The contracted privates and non-commissioned officers who have been dismissed due to a report over 90 days should file the action for annulment in the administrative court of the administrative court of the place where the regional administrative court is affiliated in terms of administrative jurisdiction of the place of duty.

IS THERE A FEE IN THE CASE OF CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF AGREEMENT DUE TO REPORT OVER 90 DAYS?

Due to the receipt of a report over 90 days, the fees must be paid in the case of cancellation of the contract. It is obligatory to pay the application fee and the decision fee during the filing of administrative lawsuits. nevertheless

An expense fee is also paid for postage and other expenses during the opening of the van. If a stay of execution is requested, the suspension fee must also be paid. If a lawsuit has been filed before the fees are paid, the court sends a fee completion warrant and gives a deadline. If the fee is not paid again within these periods, the case will be rejected.

HOW TO PROVIDE THE LAWYER IN THE CASE OF CANCELLATION OF THE ADMINISTRATIVE PROCESS OF TERMINATION OF AGREEMENT DUE TO THE REPORT OVER 90 DAYS?

In the case of cancellation of the contract due to a report over 90 days, if the person has agreed with the lawyer, he applies to the notary by taking the lawyer's information. Here, it is conveyed that the information is requested to be given to the notary public and a general case power of attorney is to be issued. The general case power of attorney is given to the lawyer, and the lawyer applies to the court with this power of attorney and carries out the entire litigation process with this power of attorney. The contracted privates and non-commissioned officers whose contracts are terminated due to a report over 90 days should use their constitutional right to sue and seek their rights.