RECRUITMENT WITHIN THE SCOPE OF UNION ACTIVITY CAN A CUT BE MADE FROM THE PAYMENT OF THE CONTRACTED FAMILY PHYSICIAN WHO DOESN'T COME?
As it is known, public officials are entitled to the Public Law No. 4688. Civil Servants' Unions and Collective Agreement Law (Law No. 4688) The opportunity to establish a union and make a collective bargaining agreement has been given.
Teachers who do not have the right to strike are allowed to participate in union activities. to receive a warning penalty for a one-day work stoppage within the scope of European ECHR decisions finding it contrary to Article 11 of the Convention on Human Rights However, Law No. 4688 does not grant public officials the right to strike.
Contracted family physicians, Article 128 of the Constitution. within the scope of "other public servant" status other than "civil servant" They serve in a special status that can be described as: contract family Doctors who were public servants resigned to become doctors. It can also be passed openly through appointment for the first time, but They do not have rights such as severance pay.
In practice, contracted family physicians are also included. contracted personnel within the scope of union activities and service He was allowed to participate in the strike, provided that it did not cause any disruption. can be seen. In this case, the contracted personnel participating in the strike will be given the days they do not work. Whether or not a fee can be paid for this may arise as a problem. It should not be forgotten These people are not in the status of workers within the scope of Labor Law No. 4857. this For this reason, in the Trade Unions and Collective Labor Agreement Law No. 6356, The provision "No wages will be paid for the days not worked during the strike", in the aforementioned contractual It cannot be easily said that it should be directly applied to personnel.
The "law" of the 2nd Chamber of the Council of State, which we discuss below, dated 26.04.2026 and E. 2026/1497, K. 2026/1906 regarding the "reversal for the benefit of (This decision was published in the Official Gazette dated 31.07.2026 and numbered 33326) published), a person working as a contracted family physician went on strike. If he does not come to work as a result of his participation, his salary is deducted. The issue of whether it can be done has been discussed.
1. Subject of the Dispute
In the concrete case, the plaintiff, as a contracted family physician, He is on duty and is a member of the union for two days in accordance with the decision taken. He did not go to his duty. Thereupon, by the relevant provincial health directorate, Deduction from the plaintiff's monthly wage for two days not worked has been made. The plaintiff requests the cancellation of the deduction and the deduction of the deducted amount. be paid to him together with the legal interest accrued from the date of He wanted it.
2. Decision of the First Instance Court
Relevant administrative court; Constitution, Law No. 4688 and Within the scope of union activity, taking into account the decisions of the ECHR a wage deduction from the plaintiff due to the action taken concluded that it poses a problem in terms of union rights and freedom of association. and therefore, the transaction in question has been definitively annulled. this As a result of the decision, the administrative court also paid legal interest on the deducted amount. decided to pay it to the plaintiff together.
3. Decision of the Council of State
Upon resorting to reversal in the interest of law, the Council of State The 2nd Chamber did not evaluate the dispute solely on union rights; before Payment system in the Family Medicine Contract and Payment Regulation has examined. In Article 18 of the Regulation, family employed under contract It is stated that the physician will be paid according to the number of days worked. Regulation Article 19 states that family physicians continue to receive wages on the days they are not working. Exceptions for these are specifically regulated. union activity Absence from work within the scope of this regulation requires payment of a fee. are not counted among the exceptions. In this context, the Council of State, contracted family It is stated in the legislation that physicians can only receive wages for the days they do not work. I accept that it may be possible if there is a regulation that allows this.
The Council of State also adopted the Law No. 6356 on Trade Unions and Collective Labor. Workers' work during strikes and lockouts in Article 67 of the Contract Law Considering the provision stating that the wages arising from the contracts will not be paid By keeping and applying this provision by analogy, it is also possible for contracted family physicians. Failure to pay wages during the strike violates the exercise of union rights He emphasized that it would not constitute For this reason, the 2nd Chamber of the Council of State accepted the appeal request in the interest of law and the administration overturned the court's decision in the interest of law.
https://www.resmigazete.gov.tr/eskiler/2026/07/20260731-13.pdf