Salary Deduction for Striking Doctor
Official titleJudgments of the Second Chamber of the Council of State (Danıştay)
The 2nd Chamber of the Council of State has decided on requests for 'appeal on points of law for the benefit of the statute' concerning the statute of limitations for disciplinary penalties, salary deductions of family physicians due to strikes, and the personal rights of police officers.
Details of the Regulation
In the series of judgments published in the Official Gazette, it was particularly emphasized that in the event that family physicians do not go to work within the scope of trade union activities, even if no disciplinary penalty is imposed, the principle of 'no pay for unworked days' (no work no pay) applies. In another judgment, it was debated whether the time period for initiating a disciplinary investigation would be extended if it coincides with a weekend, and the annulment judgment of the court of first instance was not reversed pursuant to the 'authority of final judgment' within the scope of appeal on points of law for the benefit of the statute. Furthermore, the procedural rules regarding the date from which the statute of limitations periods (the date the act was committed vs. the approval of the authorized authority) begin in the disciplinary processes of Gendarmerie and Police officers were clarified.
Questions You Might Have
- Is the salary of a striking civil servant deducted in all cases?
- Yes, according to the Council of State judgment, even if no disciplinary penalty is imposed, the remuneration for the days on which service was not actually provided is deducted pursuant to the principle of 'no payment in return for unworked days'.
- What happens if the time period for initiating a disciplinary investigation falls on a holiday?
- Under normal circumstances, if the last day of time limits falls on a holiday, it is extended; however, whether the statute of limitations periods in disciplinary law are subject to this rule is a matter of dispute; the Council of State has held that in certain cases this period may not be extended.
- Does a judgment of reversal for the benefit of the statute alter the situation of the person who won the lawsuit?
- No, such judgments merely ensure the correct application of the legal principle; they do not eliminate the finalized outcome between the parties to the lawsuit.
Key Terms
- Kanun Yararına Temyiz
- An extraordinary legal remedy pursued by the Chief Public Prosecutor's Office to protect the general applicability of the law in the event that a finalized judgment contains an unlawful outcome.
- Zamanaşımı
- The loss of a right or authority due to the failure to exercise it within a specific period of time.
- Maddi Olay
- The series of concrete facts that form the basis of the legal dispute.
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REGAS Commentary
These judgments are highly critical for public employees. It has been confirmed, particularly for family physicians and civil servants, that trade union actions may result in an economic deduction (salary deduction), even if they are not considered a disciplinary offense. It was recalled that if the administration makes an error in calculating the 'statute of limitations' periods in disciplinary law, such errors may be reversed for the benefit of the statute, but this will not always alter existing finalized judgments.