Good news for educators who want to retire ex officio from EYT came from Türk Eğitim Sen!
In its statement, Türk Eğitim-Sen said, “Konya 4nd Administrative Court gave positive decisions in the cases filed on behalf of the members who moved from 4/C to 2/B and were retired ex officio within the scope of the EYT law. The court ruled to annul these proceedings with its decisions numbered 2023/1395 E., 2024/761 K. and 2023/1396 E., 2024/762 K..” He included the following sentences:
Reasoned Decision About EYT Has Been Published
The following statements were included in the justification of the decisions: “With the Social Insurance and General Health Insurance Law No. 7438 and Article 375 of the Law Amending the Decree Law No. 1 and the Provisional Article 5510 added to the Social Insurance and General Health Insurance Law No. 95.” The right to early retirement has been introduced as an optional, exceptional right. It has been stated that this retirement right can be benefited only upon request, if other conditions other than age are met, and that those who do not make such a request cannot be retired ex officio.
Contracted Personnel Will Be Eligible for Retirement
“It has been emphasized that those who were appointed to contracted personnel positions in 2018 planned their working hours based on the date they would be entitled to retirement according to the current conditions. For this reason, it has been stated that subjecting contracted personnel who do not request early retirement to subsequent regulation is contrary to the principle of legal certainty and predictability, and that a restriction in this direction cannot be imposed by preventing the right to work, which is also a constitutional right.”
EYT Regulation Coming into Force Later
“It has been observed that the transaction in question resulted in the ex officio retirement of the personnel who did not benefit from the right to transition to the civil servant position granted to the contracted personnel, based on the Provisional Article 26.01.2023 added to the Law No. 657 with the amendment dated 48, within the scope of the EYT law. It has been stated that while the personnel who have not been promoted to civil servant positions can use their preferences to become civil servants in order to avoid being retired ex officio, they will not be able to use this right due to the EYT regulation coming into force later, and this situation constitutes injustice!”
Those Requesting Early Retirement within the Scope of EYT
Therefore, in terms of people who are within the scope of the second paragraph of the repealed Article 657/C of Law No. 4 and who have become contracted personnel, the employment of those who request early retirement within the scope of the EYT law may be terminated; It has been concluded that the employment of contracted personnel who do not request early retirement can be terminated as soon as the retirement conditions to which they were subject at the time they were transferred to a contracted personnel position are met. In this context, since the plaintiff was entitled to receive old-age or disability pension from social security institutions in accordance with Law No. 7438, his contract was terminated and he was sent to retirement. There was no lawfulness in the action in question.” These decisions set a precedent for our members who moved from 4/C to 4/B and were retired ex officio within the scope of EYT.
