9947 VOCATIONAL QUALIFICATION INSTITUTION LAW Law Number Acceptance Date Official Gazette Judicial Doctrine : 5544 : 21/9/2006 : Date : 7/10/2006 Issue : 26312 : Array : 5 Volume : 46 SECTION ONE Purpose, Scope and Definitions Purpose and Scope ARTICLE 1- (1) The purpose of the Law herein; to identify the principles of national qualifications in the technical and vocational fields by grounding on national and international vocational standards, to set up the Vocational Qualification Institution by setting up and managing the required national qualifications system in order to handle the activities of supervision, assessment and evaluation and to regulate the provisions regarding the Qualification Framework of Turkey. (1) (2) Medicine, dentistry, nursing, midwifery, pharmacy, veterinary medicine, engineering, architecture and professions which require education at least at the level of bachelor degree with the professional entrance conditions regulated by law are out of the scope of this Law. Definitions ARTICLE 2- (1) The Law herein; a) Ministry: Ministry of Labour and Social Security, b) Minister: Minister of Labour and Social Security, c) Institution: Vocational Qualification Institution, ç) National vocational qualification system: the improvement and implementation of technical and vocational educational standards and the qualifications which ground on these standards and the rules and activities regarding supervision, assessment, evaluation, documentation and certification of these qualifications, d) (Change: 11/10/2011 - KHK - 665/31 art.) The Qualifications Framework of Turkey: the procedures of all qualifications which are acquired through vocational, general and academic educational programmes and other learning methods including primary, secondary and higher education in the way to be in compliance with European Qualifications Framework, (2) e) National vocational standards: The minimum norms which present the required information, skills and attitudes which are acknowledged by the Institution in order a profession to be performed successfully, f) Authorized Institution: The personnel certification institutions and organizations which become accredited by the accreditation institutions that sign multi-lateral agreement with the Turkish Accreditation Institution and European Union. ––––––––––––––– (1) “with national competency framework” expression is replaced with “with Turkish Qualifications Framework” through the Article 76 of Law dated 04/04/2015 and no. 6645. (2) The “national competency framework” expression in this paragraph is replaced with “Turkey Qualifications Framework” through the Article 76 of 04/04/2015 dated and 6645 numbered Code. SECOND CHAPTER Vocational Qualifications Institution, Duties, Authorities and Bodies of the Institution Vocational Qualifications Institution ARTICLE 3- (1) Vocational Qualifications Institution has been established with public entity, administrative and financial autonomy, and special budget to perform the tasks assigned with this Law and other special provisions which are not stated in this Law. The short name of the institution is MYK. (2) The institution is the relevant organization of the Ministry. Tasks and Authorities of the Institution ARTICLE 4- (1) The duties and authorities of the institution are as following: a) To prepare, improve, implement and have it implemented, supervise the annual development plans about the national qualifications system and to make regulations regarding these plans. b) To identify the professions, the standards of which must be determined and to identify the institutions and organizations which will prepare these standards. c) To collaborate with the Higher Education Board so that the higher educational institutions providing technical and vocational education and subjected to the Higher Education Law No.2547 can provide education in compliance to the national vocational standards; to collaborate with the Ministry of National Education so that secondary educational institutions providing vocational and technical education can provide education in compliance with the national vocational standards. ç) To identify the procedures of the national qualifications in technical and vocational fields by grounding on national vocational standards. d) To determine the institutions which will accredit educational institutions and programmes in the fields of national vocational qualifications. e) To determine the authorized institutions which will certify the qualifications and provide certificates to those who succeed in exams. f) To identify the integrity of the vocational qualifications certificate of the foreigners who want to work in Turkey. g) To improve the national qualifications standards to be in compliance with the world and technology, to increase the standards and to provide definitions in the international field. ğ) To determine the required qualifications for lateral and vertical transfer among the professions and sectors. h) To collaborate with similar institutions and organizations in other countries, buy service, develop and implement projects, join in education, research, conference and publication activities. ı) To support and promote life-long learning. i) To perform all duties in its area of activity. Institutional Bodies ARTICLE 5- (1) The institution consists of General Assembly, Board of Directors and service units. General Assembly ARTICLE 6- (1) (Change: 11/10/2011 - KHK - 665/32 art.) The General Assembly which is the top decision making body of the Institution consists of the members below: a) Two members from the Ministry of Labour and Social Security. b) Three members from the Ministry of National Education. c) One member from the Ministry of European Union. ç) One member from the Ministry of Science, Industry and Technology. d) One member from the Ministry of Environment and Urbanization. e) One member from the Ministry of Energy and Natural Resources. f) One member from the Ministry of Food, Agriculture and Livestock. g) One member from the Ministry of Customs and Trade. ğ) One member from the Ministry of Development. h) One member from the Ministry of Culture and Tourism. ı) One member from the Ministry of Finance. i) One member from the Ministry of Health. j) One member from the Ministry of Transport, Maritime Affairs and Communication. k) Three academic members from the university departments of Labour Economics, Business and vocational education who will be assigned by the Higher Education Board. l) One member from the Turkish Employment Organization. m) One member from the Small and Medium Industry Development Organization. n) One member from the Turkish Standards Institute. o) Four members from the Turkish Union of Chambers and Exchange Commodities. ö) Four members from the Confederation of Turkish Tradesmen and Craftsmen. p) Two members from the Union of Turkish Agricultural Chambers. r) One member from the Association of Turkish Travel Agencies. s) One member from the Board of Turkish Exporters and Importers. ş) Seven members in total, at least one member being from the three labour unions with the most members. t) Three members from the employer unions with the most members. (2) Among the members of the General Assembly, the representatives of the institutions and organizations outside of the Higher Education Board are selected by the minister to whom the institution they work for is subjected to, academic members are selected by the Higher Education Board, the representatives of the professional organizations which are public bodies are selected by the authorized bodies. The office period of General Assembly members is three years. The members whose office period is completed can be re-assigned. A new member is assigned with the same method if a position opens for some reason. (3) General Assembly meets every October. General Assembly can meet upon the demand of 1/5 members or upon the demand of Board of Directors. The quorum for meetings is the absolute majority of the total member number for ordinary and extraordinary General Assembly meetings. If a quorum is not constituted in the first meeting, a quorum is not sought in the second meeting. General Assembly total member number is the absolute majority of the attendants. (4) General Assembly is managed by the presidency council of one president and two secretary members who are selected among the members. Duties of General Assembly ARTICLE 7- (1) The duties of the General Assembly are as following: a) To select the members of the Board of Directors. b) To accept the budget prepared by the Board of Directors as it is or by changing it. c) To finalize the activity report of the previous year, the work schedule for next year and the financial reports of the Board of Directors by negotiation. ç) To acquit the Board of Directors. d) To confirm the personnel planning which will be advised by the Board of Directors. e) To authorize the Board of Directors for renting and buying the premises which are needed by the Institution. f) To authorize the Board of Directors to become a member of the international organizations when necessary and to represent the Institution before the international organizations. g) To determine the amount of contribution of the members. ğ) To perform other duties assigned by law. Board of Directors ARTICLE 8- (1) The Board of Directors is the managing organ of the Institution. The Board of Directors consists of six original members and six substitute members selected by the General Assembly, one member being an original and one member being substitute from the Ministry of Labour and Social Security, one member being original and one member being substitute from the Ministry of National Education, one member being original and one member being substitute from the Higher Education Board, one member being original and one member being substitute from the professional organizations which are public entities, one member being original and one member being substitute from the labour unions and one member being original and one member being substitute from the employer union representatives. (2) The office period of the Board members is three years. The members whose period of office is completed can be re-assigned. The Board of Directors selects one president and one vice president among its members by absolute majority. (3) In order to be selected a member of Board, it is obligatory to meet the criteria in the sub clauses No. (1), (4), (6) and (7) of the clause (A) of the 48th article of the Public Servants Law No.657., and to have the enough knowledge about the subjects in the activity area of the Institution and at least ten years of professional experience. (4) Members of the Board of Directors whose office period is not completed yet cannot be removed from office for any reason. Yet, Those who are convicted for the crimes about the duties assigned to him/her by law and those who cannot perform for more than six months for disease, accident or any other reason by proving they are unable to perform their duties for the rest of their office period with a committee report from a general hospital can be relieved from their duties in the Board of Directors without any action. (5) Members who do not attend three meetings in one calendar year without a valid reason, those who do not sign the decisions in time although he/she attends the meetings and do not vote negative, those who not write his/her reason for a negative vote in time is considered to be withdrawn from membership. This situation is confirmed by the Board decision. (6) The substitute member fills in the position of the Board of Directors when the position opens and complete the rest of the office period. (7) The Board of Directors meets at least once a week which will be decided by the President and anytime upon the demand of the President or the 1/3 of the Board members. The Vice President manages the meetings when the President is absent. (8) The Board of Directors meets with the absolute majority of the total member number and decisions are made with the absolute majority of the attendants. If the votes are equal, the decision is made in accordance with the President’s vote. (9) The Board members can vote in the meetings of the General Assembly except from the quittance of the Board of Directors. The Duties of the Board of Directors ARTICLE 9- (1) The duties of the Board of Directors are as following: a) To develop professional standards, to evaluate and finalize the applications of institutions and organizations which apply for certification and exams. b) To identify standards and the professions for which exams and certifications will be needed. c) (Amendment: 4/4/2015-6645/61 art.) To approve occupational standards and competencies. ç) To pass the regulation drafts prepared by the Institution to relevant authorities to be published. d) To prepare the activity report of the previous year, the work schedule for next year, financial reports and personnel planning and budget of the Institution and to present them to the General Assembly. e) To decide on the formation of the service units. f) Within the relevant regulation, the recruitment, dismissal, promotion, rewarding and other similar activities of the Institution personnel, and to identify the wage, allowance, financial and social rights of the personnel and to present them to the General Assembly. g) To ensure that professional standards, exams and certifications are in compliance with the international norms. ğ) To decide to open an office or agency outside of Ankara when necessary or to authorize institutions and organizations for the duties in the activity area of the Institution. h) To assign local and foreign bodies to provide services needed about the duties of the Institution for research, technical studies, etude and project and to decide to buy goods and service. ı) To identify the procedures and principles of complaints and objections. i) To perform other duties assigned by the General Assembly. Service Units ARTICLE 10- (1) The service units of the Institution consist of main service units, consultation and assisted service units. Main service units ARTICLE 11- (1) The main service units of the Institution are as following: a) Occupational Standards Department. b) Exam and Certification Department. c) (Addendum: 11/10/2011 - KHK - 665/33 art.) Department of International Relations and European Union. ç) (Annex: 4/4/2015-6645/62 art.) Head of Audit Department. d) (Annex: 4/4/2015-6645/62 art.) Head of Turkish Qualifications Framework. Occupational Standards Department ARTICLE 12- (1) The duties of the Occupational Standards Department are as following: a) To identify the methods to follow in order to improve the occupational standards. b) To evaluate and finalize the applications made to the Institution to improve and update the standards. c) To monitor and report if the activities of the institutions assigned to improve the occupational standards are in accordance with determined criteria. ç) To research to improve the occupational standards, prepare to publish, to identify the change needed in the system within the frame of acquired data as a result of the implementation. d) To perform the duties assigned by the president and other duties in the regulation. Exam and Certification Department ARTICLE 13- (1) The duties of the Exam and Certification Department are as following: a) (Amendment: 4/4/2015-6645/63 art.) To conduct activities regarding assessment, evaluation and certification of the individuals. b) (Amendment: 4/4/2015-6645/63 art.) To ensure the authorization of the examination and certification bodies and training accreditation bodies and to conduct guiding activities of these institutions. c) (Amendment: 4/4/2015-6645/63 art.) To conduct activities regarding validation of professional competence certificates of the foreigners and accreditation of the training and education institutions in the national occupational competencies. ç) To research to improve the occupational standards, prepare to publish, to identify the change needed in the system within the frame of acquired data as a result of the implementation. d) To perform the duties assigned by the president and other duties in the regulation. Department of International Relations and European Union ARTICLE 13/A - (Addendum: 11/10/2011 - KHK - 665/35 art.) (1) The duties of the Department of International Relations and European Union are as following: a) To manage and coordinate the relationships with the European Union, other countries and organizations regarding the subjects in the area of duty, responsibility and activity of the Institution. b) To manage the activities in the area of duty and activity of the Institution regarding the acquis and recommendation of the European Union. c) To prepare, manage and monitor the projects and programmes in the area of duty and activity of the Institution with the European Union, other countries and organizations. ç) To do research, report and publish in the area of duty and activity of the Institution. d) To perform the duties assigned by the president and other duties in the regulation. Head of Audit Department ARTICLE 13/B - (Annex: 4/4/2015-6645/64 art.) (1) Duties of the Head of Audit Department are as follows: a) To examine and evaluate the applications to be authorized bodies and training accreditation bodies within the legislation of the Authority. b) To monitor, audit and evaluate the activities of the authorized bodies and training accreditation bodies regarding the Authority. c) To perform research and inspection in order to ensure quality assurance in Authority activities on the basis of audit standards and accreditation principles. ç) To ensure that standard and principles are created regarding monitoring, evaluation and audits, to prepare audit guidelines, to make recommendations and suggestions to increase the efficiency and effectiveness of the audits. d) To carry out the duties assigned by the President and similar tasks stipulated in the legislation. (2) Provision of paragraph og article 33 of Travel Expense Law no. 6245 and dated 10/02/1954 is applied to the experts and assistant experts assigned in order to perform audits or inspections within the scope of this article. Head of Turkish Qualifications Framework ARTICLE 13/C - (Annex: 4/4/2015-6645/65 art.) (1) Duties of the Head of Turkish Qualifications Framework are as follows: a) To conduct studies regarding the creation, development, revision and execution of Turkish Qualifications Framework and to ensure coordination with the relevant institutions and organizations. b) To conduct studies regarding creation, operation and maintenance of the council and structures determined in Turkish Qualifications Framework. c) To conduct the studies for referencing Turkish Qualifications Framework with European Qualifications Framework and other local qualifications framework and studies for mutual recognition of other countries with national qualifications framework. ç) To perform research, prepare publications regarding the study subjects and determine the changes to be made within the framework of the data obtained as a result of the practices. d) To carry out the duties assigned by the President and similar tasks stipulated in the legislation. b) (Appealed: 4/4/2015-6645/66 art.) c) (Annex: 4/4/2015-6645/66 art.) Directorate of Strategy Development. ç) (Annex: 4/4/2015-6645/66 art.) Head of Human Resources and Supporting Services Department. Consultation and Assisted Service Units ARTICLE 14- (1) The consultation and assisted service units of the Institution are as following: a) Legal Consultancy Department. b) (Abolished: 4/4/2015-6645/66 art.) c) (Annex: 4/4/2015-6645/66 art.) Directorate of Strategy Development ç) (Annex: 4/4/2015-6645/66 art.) Head of Human Resources and Supporting Services Department Legal Consultancy Department ARTICLE 15(1) The duties of the Legal Consultancy Department are as following: a) To give opinion about the legal issues asked by the president and other units and activities which may lead to legal, financial, administrative and criminal results. b) To take the precautions in time to protect the interests of the Institution and to prevent the disagreements, to assist to prepare the agreements and arrangements in accordance with these procedures. c) To examine and give legal opinion about the drafts of law, rules and regulations prepared by the Institution. ç) To represent the Institution in legal, administrative cases and execution proceedings, arbitrators, arbitrator offices and execution cases. d) To perform the duties assigned by the president and duties in the regulations. Directorate of Strategy Development ARTICLE 15/A-(Annex: 4/4/2015-6645/67 art.) (1) Duties of the Directorate of Strategy Development are as follows: a) To carry out the duties assigned to the strategy development and financial services units through Public Finance Management And Control Law dated 10/12/2003 and no. 5018, article 15 of Law dated 22/12/2005 and no. 5436 and other legislation. Head of Human Resources and Supporting Services Department (1) ARTICLE 16- (Amendment: 4/4/2015-6645/68 art.) (1) Duties of Head of Human Resources and Supporting Services Department are as follows: a) To carry out works and processes regarding recruitment and personal rights of the personnel of the Authority, to prepare performance criteria and human resources policy. b) To establish informatics infrastructure required for the services in the Authority, to follow the technological developments, to take necessary measures on the information security and reliability, to apply determined policies and principles. c) To carry out and coordinate document, archive, documentation and transportation services of the Authority. ç) To carry out the tendering, purchasing and logistics processes of the Authority. d) To carry out the duties assigned by the President and similar tasks stipulated in the legislation. Power of Attorney ARTICLE 17- (1) The institution is represented by the vice president when the president is absent. President ARTICLE 18- (1) The President of the Board of Directors is the President of the Institution. (2) The President is responsible of managing the services of the Institution and coordinating among all the units in the Institution. (3) The President is obliged to meet with the criteria states in the sub clauses No. (1), (4), (6) and (7) of the clause (A) of the Public Servants Law No.657 and hold at least a Bachelor’s Degree, has the knowledge about the subjects in the activity area of the Institution and has at least en years of experience. The duties and authorities of the President ARTICLE 19- (1) The duties and authorities of the President are as following: a) To prepare the agenda and inform the Board of Directors. b) To publish the decisions of the Board of Directors and to ensure the requirements of these decisions are performed and monitor the implementation of these decisions. c) To present and finalize the advises which come from the service units to the Board of Directors. ç) To prepare the annual budget and financial statements in accordance with the strategies, purposes and goals of the Institution. d) To ensure that service units work in harmony and in a disciplined and regular way. e) To prepare the annual activity reports, to evaluate the activities in accordance with the purpose and goals, performance criteria and to present these to the Board of Directors. f) To evaluate the performance criteria of the Institution and personnel in accordance with the strategy politics and relative regulations of the Institution. –––––––––––––––– (1) The headline of this article, which was “Administrative and Financial Department”, is changed as stated in the text of Article 68 of Law dated 04/04/2015 and no. 6645. THIRD CHAPTER Sector Committees, Standards, Education, Exam and Certification Sector Committees ARTICLE 20- (1) Sector committees are established with the necessary research so that occupational standards prepared by the institutions and organizations which are assigned by the Institution are accepted as national occupational standards and qualifications are accepted as national qualifications. 1) (2) Sector committees consist of one representative each from Ministry of National Education, Ministry of Labour and Social Security, Higher Education Board, other ministries about the professions, labour and employer unions, occupational organizations and the Institution. Academic members can be invited to the studies as consultants. (3) The formation of sector committees and their activities are determined by regulation. Purchase services and temporary employment ARTICLE 20/A - (Addendum: 11/10/2011 - KHK - 665/37 art.) (1) The Institution can purchase services to prepare, improve and update national profession standards and qualifications, to manage sector committees, the main activities of the Institution such as assessment, evaluation, certification and supervision for these activities, or employ persons who have these qualifications. (2) The criteria for these persons’ qualifications and the wages to be paid to these persons and how it is paid and other procedures and principles are determined by the Board of Directors upon the opinion of the Ministry of Finance. (3) The working time of these people cannot exceed sixty days in one calendar year. Preparation and enforcement of national occupational standards (2) ARTICLE 21- (1) (Change: 11/10/2011 - KHK - 665/38 art.) The institution assigns other institutions and organizations that it purchases service to prepare occupational standards and qualifications. The levels of occupational standards and qualifications are prepared in accordance with the Qualifications Framework of Turkey. These standards and qualifications are examined in the sector committees and the appropriate ones are presented to the Board of Directors and the qualifications which are approved by the Board of Directors are brought into force as national qualifications. (3) ______________ (1) “National competency in qualifications” expression is added coming after “national occupational standard” expression to this clause through 11/10/2011 dated and 665 numbered Article 36 of Public Services Commission. (2) The headline of this article, which was “the preparation and enforcement of national occupational standards”, is changed as stated in the text through 11/10/2011 dated and 665 numbered Article 38 of Public Services Commission. (3) The “national competency framework” expression in this paragraph is replaced with “Turkey Qualifications Framework” through the Article 76 of 04/04/2015 dated and 6645 numbered Code. (2) The occupational standards which are approved by the Board of Directors acquire the qualification of national occupational standard after being published on the Official Gazette. (3) (Amendment: 4/4/2015-6645/69 art.) Occupational standards in force are re-evaluated every five years at the latest. Procedures and principles regarding revision and annulment of the national occupational standards and national competencies are determined through regulation. Acceptance and promulgation of the changes are subjected to the principle given in second paragraph.'' (4) (Annex: 4/4/2015-6645/69 art.) Secondary and high education programs regarding the vocational and technical education and training are harmonized with relevant national occupational standards within one year by the Ministry of National Education and universities and it’s ensured that training and education are provided according to these programs. Exam, assessment and certification (1) ARTICLE 22 - (Change: 11/10/2011 - KHK - 665/39 art.) (1) Exam, assessment and evaluation activities regarding the vocational qualifications of persons are handled by the institutions authorized by the Institution. (2) Those who succeed in exam, assessment and evaluation which are handled by the national vocational qualifications are given Vocational Qualifications Certificate. (3) The procedures and principles regarding exam, assessment and evaluation, and Vocational Qualifications Certificate are determined by the Institution with the regulation which will be issued. The accreditation of educational institutions (2) ARTICLE 23- (Change: 11/10/2011 - KHK - 665/40 art.) (1) The accreditation of educational institutions in the area of national vocational qualifications a handled is by the educational accreditation institutions. (2) (2) Those who graduate from the accredited educational institutions are given the Vocational Qualifications Certificate in accordance with the vocational qualifications they succeed. (3) The procedures and principles regarding the accreditation of educational institutions and the identification of the educational accreditation institutions, the certification of those who graduate from accredited educational institutions are handled in accordance with the regulation which will be issued by the Institution. The Qualifications Framework of Turkey (3) ARTICLE 23/A- (Annex: 11/10/2011 - KHK - 665/41 art.) (1) The activities of the formation, improvement and updating of the Qualifications Framework of Turkey are handled by the Institution. (4) (2) (Amendment: 4/4/2015-6645/70 art.) All competencies with ensured quality assurance are included in Turkish Qualifications Framework. Criteria related to ensuring quality assurance of the competencies are determined by the Authority. Consultation, decision and implementation units like council, commission and working groups consisting of the representatives of the Ministry of National Education, Higher Education Council, Authority and relevant parties may be created to establish and execute the Turkish Qualifications Framework. Procedures and principles regarding selection of the institutions and organizations to establish and operate these units, to determine quality assurance criteria, quality assurance and implementation of Turkish Qualifications Framework are determined through the regulation promulgated upon the Cabinet Decision. ______________ (1) The title of this article "examination", while Decree No. 665 dated 11/10/2011 is written in the text as amended by Article 39. (2) The title of this article "Certification", while Decree No. 665 dated 11/10/2011 is written in the text as amended by Article 40. (3) The headline of this article, which was “National Competency Framework'', is changed as stated in the text of Article 76 of Law dated 04/04/2015 and no. 6645. (4) “of National competency framework” expression is replaced with “of Turkish Qualifications Framework” through the Article 76 of Law dated 04/04/2015 and no. 6645. SECTION FOUR Conditions of Personnel Assignment, Status and Financial Rights Conditions of personnel and status ARTICLE 24- (1) Institution services are handled through assistant expert, expert and other personnel who are employed in accordance with the labour legislation provisions. (2) The titles and numbers of personnel who will be employed in the Institution are shown in the attached list. The Board of Directors is in charge of assigning the personnel in question to the units upon the advice of the President. (Amended third sentence: 4/4/2015-6645/71 art.) Cabinet decides on making changes on the titles and increasing the number of current positions of the personnel number provided not to exceed the half number upon the decision of the Board of Directors and offer of the related Minister. (3) Foreign experts can be employed in accordance with the procedures in the regulation which will be brought into force by the approval of the Board of Directors. (4) The personnel of the Institution are obliged to meet the criteria stated in the sub clauses No. (4), (6) and (7) in the clause (A) of the Public Servants Law No.657 and the qualifications required for the institutional purposes. (5) In addition to the conditions stated above, the personnel in the position of a director, is obliged to have studied at least for four years in law, political sciences, economics and administrative sciences, science and letters, architecture, engineering and faculty of education in the country or abroad from higher educational institutions which are recognized by the Higher Education Board , has the vocational knowledge and at least five years of experience are assigned by the approval of the Board of Directors and with the offer of the President. Other personals are assigned by the President. (1)(2) (6) Experts and assistant experts who will be employed in the Institution are obliged to meet the educational criteria stated in the fifth paragraph. The procedures and principles regarding the competition and qualification exams of the experts and assistant experts, their qualifications and working conditions are determined by the Institution with the regulation which will be issued. (7) (Amendment: 4/4/2015-6645/71 art.) Personnel of the Authority is subjected to clause (a) of first paragraph of article 4 of social security and general health insurance law dated 31/05/2006 and no. 5510 in terms of retirement and social security. However, President of the Authority who is elected as Chairman of the Board of Directors when he/she is on duty within the scope of provisional article 4 of the Law no. 5510 in terms of social security is associated with clause (c) of first paragraph of article 4 of the Law no. 5510 by exactly applying the indicator, additional indicator, position, representation and other indemnities owned by the general manager of the Ministry in terms of retirement and social security and his/her service in the Authority is evaluated according to this principle. (8) (Amendment: 4/4/2015-6645/71 art.) Relationship of the person who is elected as the Chairman of the Board of Directors when he/she is Public Official with the previous institution is ended. Except for the ones that will abstain him/her to go back to the civil service, Chairman of the Board of Directors whose duty in the Authority is ended for any reason is assigned to a suitable position in the ministry that he/she represent within one month at the latest. Wage payment continues from the budget of the Authority as the Chairman of Board of Directors until he/she is assigned to a suitable position. Services provided in the Authority by the President starting his/her duty are evaluated in vested rights monthly degree and levels as per this paragraph. Provisions related to assuming academic titles are reserved. (9) Personnel working in the Institution cannot be employed in other institutions and organizations. ______________ (1) Decree No. 665 dated 11/10/2011 and in this paragraph to the Article 42 "of the vocational and technical education faculties" expression "of the faculty of education" has been changed to. (2) “Science and literature” expression is added coming after “economics and administrative science” expression through Article 71 of 04/04/2015 dated and 6645 numbered Code. Financial rights ARTICLE 25- (1) The wages, financial and social rights of the President, executive personnel and other personnel are determined by the decision of the Board of Directors and the approval of the General Assembly, provided that they do not exceed the payments for the general manager of the ministry. (2) The President and members of the Board of Directors are paid daily attendance at the amount of (2000) times public servant monthly coefficient for those who have public duties providing that it is not more than four times in a month, those who do not have public duties are paid daily attendance at the amount of (3000) times public servant monthly coefficient. (3) (Annex: 11/10/2011 - KHK - 665/43 art.; Amendment: 12/7/2013-6495/73 art.) Daily allowance is paid to the president and members of the sector committee excluding civil service at the amount to be found by multiplying the indicator number (2000) per meeting with official coefficient provided not to be more than six in a year. CHAPTER FIVE Revenues, Expenses, Budget and Audit Revenues (1) ARTICLE 26- (Change: 11/10/2011 - KHK - 665/44 art.) (1) The revenues of the Institution are as following: a) The contributions of the vocational organizations, labour and employer unions and other organizations stated in the first paragraph of the 6th Article of the Law herein for their representatives which are determined by the General Assembly , providing that it does not exceed the twenty times of the monthly minimum wage on the day that General Assembly meets. b) The contributions which are determined equally for public institutions and organizations stated in the first paragraph of the 6th article over the amount after the contributions stated in the (a) clause of this article are extracted. c) Equalization reserve that will be taken from applicant as equivalent of the Institution’s examination and documentation works. ç) (Change: 17/1/2012-6270/18 art.) The revenues that the Institution acquires in exchange for the service to national and international bodies. d) The annual contributions taken by the Board of Directors from the institutions and organizations who want to provide service in the fields of exam, assessment, evaluation and accreditation providing that the amount taken from these institutions do not exceed the fifty times of the highest public servant salary (including additional indicator) and other payments taken from these institutions for application, examination, supervision and expenses. e) (Annex: 4/4/2015-6645/72 art.) Income earned from accreditation of the training and education authorities in national occupational competencies field. 1) f) The payments taken for publication, royalty, brand and licenses. (1) g) The revenues from the interpretation of the revenues of the Institution. (1) ğ) Other revenues, earnings and donations. (1) –––––––––––––––– (1) Law No. 6645 dated 04.04.2015 and the provisions of Article 72, first paragraph of this Article (d) to come after paragraph (e) shall be added and other paragraphs were rearranged accordingly. Expenses (1) ARTICLE 27- (1) The expenses of the Institution are as following: a) Personnel expenses. b) The expenses of information bank, software, equipment and communication which is greed by the Board of Directors. c) The payments to the organizations which provide service regarding vocational standards, exam and certification. ç) (Annex: 4/4/2015-6645/73 art.) Expenses regarding accreditation of the training and education authorities in national occupational competencies field. d) The administrative expenses of purchase and rent of estate and asset, transportation, water, telephone and gas. e) Consultation expenses. f) The expenses of publication and advertisement. g) The travel expenses for meetings, conferences, seminars and business visits in the country and abroad. ğ) Membership contributions about institutional activities in the country and abroad. h) The expenses of education and scholarship. ı) The expenses for the actualization of the institutional activities. Budget ARTICLE 28- (1) The institutional revenues must afford the expenses of the institution. The revenues of the Institution are kept in a bank account. The money which is not used until the end of the account year is transferred to the bank account of the Institution for next year after the Ministry of Finance is informed and the contributions of the General Assembly are determined considering the membership contributions. (2) The revenues, activities and estates of the Institution are exempt from all taxes, dues and fees. Supervision ARTICLE 29- (1) The Institution is subjected to the Law of Chamber of Accounts No.832. Regulations ARTICLE 30- (1) The regulations in the Law herein are brought into force in six months. CHAPTER SIX Changed, Temporary and Last Provisions ARTICLE 31- (1) (It is about the Public Financial Management and Audit Law No.5018 and dated 10/12/2003.) –––––––––––––––– (1) Clause (ç) is added to come after clause (c) of the first paragraph to this article and other clauses are continued accordingly through article 73 of the Law dated 04/04/2015 and no. 6645. ADDITIONAL ARTICLE 1 – (Annex: 4/4/2015-6645/74 art.) 1)Persons without professional competence certificate cannot be employed according to the principles regulated in this Law twelve months after following the issue date of the notification for the professions, hazardous and extremely hazardous, stipulated in the notifications to be issued by the Ministry and standard of which is published by the Authority. Professional competence certificate is not required for the ones having the certificate of proficiency as per Vocational Education Law no. 3308 and dated 05/06/1986 and the ones graduated from vocational and technical training schools associated with the Ministry of National Education and from schools and departments of the universities providing vocational and technical education and employed in the department, field and branches stated in their diploma or certificates of proficiency. (2) Necessary arrangements regarding the issues given in this article in the legislation related with the duty fields of the Ministries and state institutions and organizations are made within twelve months as of the effectiveness date of this article. (3) Audits regarding the first paragraph are conducted by labor inspectors. Administrative fine for five hundred Turkish Liras are imposed for each employee by the Work and Labor Authority Provincial Manager to the employer or employer representatives who act on the contrary to this article. Administrative fines imposed according to this Law are paid within one month. TEMPORARY ARTICLE 1- (1) In fifteen days following the enforcement of this Law, a working group is established by the Ministry to realize the activities until the first General Assembly of the Institution. The working group presents the necessary preparations for the General Assembly to the Ministry. TEMPORARY ARTICLE 2- (1) The documents acquired in accordance with the Vocational Education Law No.3308 before this law is enforced are replaced with the equal documents and certificates determined by this Law in three years. TEMPORARY ARTICLE 3- (Addendum: 17/1/2012-6270/19 art.) (1) The institutional contributions of the institutions stated in the (a) clause of the 26th article in 2007, 2008, 2009, 2010, 2011 and 2012 are subjected to the twenty times of the minimum wage on the date this law is enforced separately each year. The institutions which overpaid in these years cannot have reimbursement for the years they overpaid. (2) The default interest is not applied if the monthly contributions debt of the institutions stated in the first paragraph and the contributions of 2012 are paid until 31/12/2012. Enforcement ARTICLE 32- (1) This law is brought into force following the date of publication. Executive ARTICLE 33- (1) Council of Ministers perform the provisions of this Law. LIST OF CREATED POSITIONS (Change: 4/4/2015-6645/75 art.) POSITION TITLE President of Institution Vice President Vocational Standards Department Exam and Certification Department Department of International Relations and European Union Supervision Department Head of Department of the Qualifications Framework of Turkey 1. Legal Advisor Head of Strategy Development Department Head of Human Resources and Support Services Department Expert Assistant Expert Attorney Translator/Interpreter Statistician Engineer Computer Programmer Analyst Financial Services Expert Financial Services Assistant Expert Accountant Computer Manager Secretary Officer TOTAL NUMBER 1 2 1 1 1 1 1 1 1 1 90 45 2 1 7 4 1 1 2 2 1 4 6 20 197 9959 LIST OF THE ENFORCEMENT DATES OF THE PROVISIONS WHICH CALL FOR ADDENDUM AND CHANGE TO THE LAW NO.5544 OR CANCELLED BY CONSTITUTIONAL COURT No of Law That Changes/PSC/ Constitutional Court Verdict That Cancels The articles of the Law No.5544 which were changed or cancelled Enforcement Date PSC/665 2, 6, 11, 13, 13/A, 20, 20/A, 21, 22, 23, 23/A, 24, 25, 26, List of Created Positions 2/11/2011 6270 26, Temporary Article 3 26/1/2012 6495 25 2/8/2013 6645 1, 2, 9, 11, 13, 13/B, 13/C, 14, 15, 16, 21, 23/A, 24, 26, 27, Additional Article 1, List of Created Positions 23/4/2015
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