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Tax and Administrative Law

COVID-19 Circular

UTU Hukuk ve Danışmanlık3 min readUpdate:

The COVID-19 circular (as Presidential Circular No. 2020/8 is known) regulated normalisation and the measures to be taken in public institutions and organisations. In this article we summarise the circulars repealed by the circular, the personnel deemed to be on administrative leave and the measures to be taken in public institutions.

Currency note

This article was prepared in accordance with the legislation and practice in force on the date of its publication. As the circular in question contains temporary measures specific to the pandemic period, these measures may have changed or ceased to apply since then. You are advised to consult a lawyer regarding the current position.

Contents
  1. Scope of the circular and the repealed circulars
  2. Personnel deemed to be on administrative leave
  3. Measures to be taken in public institutions
  4. Frequently asked questions
  5. Consultation request

Scope of Circular No. 2020/8 and the Repealed Circulars

Presidential Circular No. 2020/8 on normalisation and the measures to be taken in public institutions and organisations in the context of COVID-19, published in the Official Gazette on 01/06/2020, reads as follows:

Circular No. 2020/2, put into effect to combat the COVID-19 outbreak and published in the Official Gazette No. 31067 dated 13/3/2020, on “Permission for Public Officials to Travel Abroad” and Circular No. 2020/4, published in the Official Gazette No. 31076 (Duplicate) dated 22/3/2020, on “Additional Measures for Public Employees in the Context of COVID-19” have been repealed as of 1/6/2020.

The repealed circulars are as follows:

  • Circular No. 2020/2 on “Permission for Public Officials to Travel Abroad”
  • Circular No. 2020/4 on “Additional Measures for Public Employees within the Scope of COVID-19”

Personnel Deemed to Be on Administrative Leave

However, irrespective of their form of employment, persons working in public institutions and organisations (excluding the Ministry of Health and the National Intelligence Organisation) who are aged 60 or over, except those holding managerial posts and positions, and those with a chronic illness as determined by the Ministry of Health, will be deemed to be on administrative leave.

  • Persons aged 60 or over, except those holding managerial posts and positions
  • Persons with a chronic illness as determined by the Ministry of Health

Rights and obligations of personnel on administrative leave

Persons deemed to be on administrative leave will be deemed to have actually performed their duties during this period; their financial and social rights and benefits and other employment rights will be preserved. Such personnel will not leave their place of duty without the permission of their superior, and those whose services are needed will return to duty as soon as they are called.

Measures to Be Taken in Public Institutions

During this period, public institutions and organisations will take the necessary measures to ensure that all personnel wear masks, that the necessary distance is maintained in workplaces, canteens, shuttle services and social areas, and that these premises and the vehicles used in the public sector are disinfected.

  • Use of masks
  • Arrangement of distancing
  • Disinfection

The COVID-19 Circular: Frequently Asked Questions

What did Circular No. 2020/8, known as the COVID-19 circular, regulate?

Under the rules in force when the article was written, Presidential Circular No. 2020/8 regulated normalisation and the measures to be taken in public institutions and organisations in the context of COVID-19.

Which circulars were repealed as of 1/6/2020?

Makalede, ‘Kamu Görevlilerinin Yurt Dışına Çıkış İzni’ konulu 2020/2 sayılı Genelge ile ‘COVID-19 Kapsamında Kamu Çalışanlarına Yönelik İlave Tedbirler’ konulu 2020/4 sayılı Genelge’nin 1/6/2020 tarihi itibarıyla yürürlükten kaldırıldığı belirtilmektedir.

Who was deemed to be on administrative leave under the Circular?

Under the rules in force when the article was written, personnel aged 60 and over working in public institutions other than the Ministry of Health and MİT (National Intelligence Organisation), other than those in managerial positions, and those with chronic illnesses as determined by the Ministry of Health, were deemed to be on administrative leave; the financial, social and employment rights of these personnel were preserved.

Consultation request

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