Rank and Degree Advancement in Law No. 657

Rank and Degree Advancement in Law No. 657. The fundamental legal framework governing the career development and financial rights of civil servants is established by Civil Servants Law No. 657 (Civil Servants Law). This law centers on the system of grade (horizontal progression within grades) and rank (vertical hierarchical promotion), which provides personal and professional advancement based on variables such as length of service, educational background, and professional success. This study examines in detail the legal definitions of advancement mechanisms, particularly Articles 64 (Grade Advancement) and 68 (Grade Advancement) of Civil Servants Law No. 657, their mandatory requirements, and special adaptation procedures, such as Extraordinary Grade Advancement (Article 68/B) and additional rights resulting from postgraduate education. Thus, it aims to provide legal guidance for protecting civil servants’ vested interests and ensuring the fair conduct of public personnel management.

PRINCIPLES OF CIVIL SERVANTS’ PERSONAL RIGHTS AND THE ROLE OF LAW NO. 657

The fundamental legislation regulating the career development and financial rights of civil servants is the Civil Servants Law (DMK) No. 657. This law outlines the legal framework for the grade and step progression system, which aims to provide compensation for service by ensuring personal and professional advancement throughout the period of civil service. The progression system is primarily based on key variables such as the servant’s length of service, educational background, and professional achievement.

The main purpose of this report is to analyze in detail the legal definitions, mandatory conditions, and critical equivalency (intibak) procedures of these progression mechanisms, particularly those stipulated in Article 64 (Step Progression) and Article 68 (Grade Advancement) of the DMK No. 657. Understanding how these progressions—which are among the most crucial components of a civil service career—operate, the limits of administrative discretion, and the mechanism for protecting acquired rights is central to comprehending public personnel management.

SECTION I: CORE CONCEPTS AND THE ACQUIRED RIGHT MECHANISM

1. What are Step (Kademe), Grade (Derece), and Promotion (Terfi)?

Advancement in the public personnel system revolves around three core concepts: Grade, Step, and Promotion.

Grade (Derece): Grade refers to the acquired right (müktesep) status obtained by a civil servant based on their educational background and total years of service. This represents the vertical hierarchical position that serves as the basis for calculating the civil servant’s salary. Grade is the most critical factor directly determining the prestige and financial rights associated with the civil service. Separate from this, the concept of “cadre grade” (kadro derecesi) exists, which specifies the number assigned by the state to the cadre (position) actually occupied by the civil servant.

Step (Kademe): Step refers to the progression in the civil servant’s monthly pay within a grade, without an increase in the importance or responsibility of the duty (DMK Art. 64). Step progression is inherently a horizontal advancement, and each grade includes multiple steps (usually up to 9). The civil servant’s salary indicator increases with step progression while the grade remains fixed.

Promotion (Terfi/Advancement): Promotion is a general term encompassing the process of advancing a civil servant from their current step and grade to a higher step and grade.

The distinction between the Grade (which expresses the civil servant’s acquired status based on education and service) and the Cadre Grade (which indicates the occupied position) plays a vital role in protecting the civil servant’s financial rights. This distinction ensures that the civil servant’s salary is protected on two different legal grounds. For instance, even if the cadre grade (the position actually occupied) to which a civil servant is assigned is lowered, they continue to receive a salary based on the higher grade that constitutes their acquired right salary (müktesebi). The acquired right salary acts as a minimum guarantee in the financial protection of the civil servant’s personal rights, preventing administrative appointment decisions from unilaterally reducing the servant’s financial gains.

2. The 657 Grade, Step, and Monthly Indicator Table

Fundamental components for calculating civil servant salaries—the monthly indicator and supplementary indicators—are determined by Article 43 of Law No. 657. The indicator system provides non-monetary reference figures for every grade and step across all service classes. The salary is calculated by multiplying these indicator figures by the predetermined salary coefficient. Monthly Indicator Table (Schedule I) in the text of the law illustrates the progression of civil service along the vertical and horizontal axes.

Table 1: Example Data from the Monthly Indicator Table (DMK Art. 43/A)

As shown in the table, within the same grade (e.g., Grade 1), the indicator figure increases as the steps advance, corresponding to an increase in the civil servant’s monthly pay.

SECTION II: STEP PROGRESSION: CONDITIONS AND ADMINISTRATIVE PROCEDURES (DMK ART. 64)

1. Step Progression and Ordinary Conditions

Step progression is the process of advancing the civil servant to further steps within their current grade. According to Article 64 of the DMK, two fundamental conditions are required for this progression:

1. The civil servant must have worked for at least one year in their current step.
2. There must be a further step available in their current grade to which the civil servant can advance.

Step progression is a legal right that occurs automatically the moment the service period is completed, provided the civil servant meets the conditions stipulated by the law. Outside of disciplinary provisions, the administration does not have the discretion to suspend or deny this progression. This makes step progression the basic, routine, and predictable mechanism for advancement, protected against bureaucratic obstacles in the system.

2. Merit Criterion: Transition from Performance Record (Sicil) to Performance Evaluation

In the former provisions of the DMK, the requirement of “receiving a positive performance record (sicil)” was a prerequisite for step progression. However, with the regulations made in 2011, the sicil system was completely abolished, and the related articles were repealed. Similarly, the condition of “being determined to have the qualifications to advance to higher grades in terms of performance record (sicil)” was also removed from the conditions for grade advancement (Art. 68/A).

According to the current approach, institutions may determine competency-based performance evaluation criteria to measure the success, productivity, and effort of civil servants (pursuant to DMK Art. 122/4), subject to the favorable opinion of the State Personnel Presidency. These new performance evaluation systems, alongside disciplinary penalties, may play an indirect role in suspending progressions.

3. Collective Approval of Step Progression and the Approval Authority

Although the right to step progression arises automatically upon the completion of the service period, its formalization and reflection in financial rights are subject to administrative procedures. The relevant Head of Personnel Departments prepare the step progression approvals for personnel subject to Law No. 657, complete the approval process, and record the data in central personnel systems (such as HİTAP) before forwarding them to the accrual units. This process signifies that the progression is processed through collective approval on a specific date.

This situation indicates that despite the right to step progression arising automatically, the need for administrative approval creates the risk of the progression being delayed or executed erroneously. Even if the progression cannot be made due to administrative error or technical failures, the civil servant’s acquired right does not cease to exist; the administrative approval merely formalizes the financial and personal record. Consequently, compensation for delays caused by administrative error is legally possible.

4. Additional Step Application: No Disciplinary Penalty (The 8-Year Rule)

The Law grants civil servants the right to an additional step progression to reward successful and disciplined service. Pursuant to DMK Art. 64/4, civil servants who have not received any disciplinary penalty within the last eight years are granted one step progression to be considered in the advancement of their monthly grade.

This additional step is designed to reward successful service rendered solely under the provisions of Law No. 657 and under the disciplinary supervision of the institution. Therefore, service periods completed before civil service, such as military service, private insurance status, and contracted personnel service, are not included in the calculation of the 8-year period. Furthermore, all periods of unpaid leave utilized during this time are also excluded from the 8-year calculation. This rule functions as a bonus for compliance with the Disciplinary Provisions of the Civil Servants Law and disciplinary continuity, rather than merely a service period bonus.

SECTION III: GRADE ADVANCEMENT AND PROMOTION MECHANISMS (DMK ART. 68)

Grade advancement, unlike step progression, represents vertical advancement and usually requires appointment to a vacant position in a higher grade. DMK Art. 68 regulates two main advancement paths: ordinary (68/A) and extraordinary (68/B).

1. Conditions for Ordinary Grade Advancement (DMK Art. 68/A)

Ordinary grade advancement ensures the civil servant’s promotion in the normal course of their career and mandates the fulfillment of the following conditions:

1. Existence of a Vacant Position in the Higher Grade: Grade advancement is a process tied to a cadre (position). The absolute requirement is the existence of a vacant position in the higher grade to which the civil servant can be appointed.
2. Length of Service Condition: The civil servant must have been in their current grade for at least 3 yearsand have worked in the 3rd step of that grade for at least 1 year.
3. Qualification Condition: The civil servant must have acquired the qualifications stipulated for the duty to which the cadre is allocated.

Grade advancement, unlike step progression, is subject to administrative discretion (opening or allocating a cadre). The mandatory requirement of a vacant position means that even if civil servants complete their service periods, grade advancement may be delayed due to the administration’s financial and personnel planning policies. This demonstrates that grade advancement is a direct result of the administration’s strategic decisions and cadre limitations, rather than merely the civil servant’s individual achievement.

2. Extraordinary Grade Advancement (Advancement to the First Four Grades – DMK Art. 68/B)

DMK Art. 68/B is designed specifically to relax the service period requirements for personnel to be appointed to high-level managerial positions (such as Undersecretary, General Manager, or President—the highest executive positions). This mechanism aims to attract experienced specialists into the public sector who may come from outside the institution or not through the standard career civil service path.

Evaluation of Service Periods: Under Article 68/B, certain service periods that are normally not counted in determining the acquired right salary grade are considered in the calculation of the total service period required for the appointment:

• The entire duration spent in military service and reserve officership, including the school period.
• Periods worked in private institutions or self-employment after obtaining a higher education degree:
  • The entire duration of these periods is taken into account for those to be appointed to Senior Executive Cadres.
  • For those to be appointed to other cadres, three-quarters (3/4) of these periods (spent after completing at least 2 years of higher education) are considered, not exceeding six years.

Acquired Right Limitation: Personnel appointed under Article 68/B benefit from the salary (including the Supplementary Indicator) and other financial rights of the position to which they are appointed. However, it is a critical limitation that the salaries of the positions to which they are appointed are not considered an acquired right upon reassignment to other duties. This indicates that the financial advantage provided does not constitute a permanent personal right but is merely a temporary incentive tied to the specific position. Article 68/B is a strategic human resource management tool tied to the position, designed to attract individuals from outside the career civil service to high-level roles.

Table 2: Comparison of Ordinary and Extraordinary Grade Advancement (DMK Art. 68)

SECTION IV: ADVANCEMENTS ARISING FROM SPECIAL SERVICES AND EDUCATION

1. Under Which Conditions Are Additional Step and Grade Applications Made?

Graduate and Doctoral Education (DMK Art. 36/A-9)

Post-graduate education provides additional advantages in a civil servant’s career progression. A civil servant who completes a Master’s degree is granted one step progression. Even if the Master’s degree is obtained in more than one field at the same level (Master’s), this progression is applied only once; it is not intended for separate step progressions to be granted for multiple educational pursuits at the same level.

A civil servant who has benefited from the Master’s degree may be granted an additional two steps due to a completed Doctorate. However, the application of these additional two steps after the Doctorate requires the Institution to make a decision based on whether the doctoral program is related to the cadre title and the duty being performed. This condition transforms the step progression after a Doctorate from a legal right into an incentive dependent on the administration’s service needs, granting the administration broad discretion in this area. The administration has the authority to reward academic investments made by personnel that directly enhance the quality of public service.

Service in Regions Prioritized for Development

Civil Servants appointed to regions prioritized for development with mandatory permanent duty are granted an additional one step progression for every two years of actual work in these regions, to be considered in the advancement of their monthly grades. Periods spent on annual leave are counted as actual work for this calculation, but periods shorter than two years are not considered.

2. Step, Grade, and Class Progressions of Male Civil Servants Who Perform Compulsory Military Service (DMK Art. 83-84)

The equivalency (intibak) for male civil servants who interrupt their service for compulsory military duty is regulated by special provisions to ensure they do not fall behind in their careers upon demobilization. The time spent in military service is evaluated by making step progression in the grade they had acquired at the time they left for military service.

In calculating the military service equivalency, the step progressions earned before military service, combined with the duration of military service, are evaluated by making step progression in the higher grade when the civil servant is properly promoted to that grade, provided the total duration exceeds 3 years. This system mandates that the compulsory military service period be calculated as if the civil servant had continued their service.

SECTION V: PROTECTION OF ACQUIRED RIGHTS IN CLASS AND CADRE CHANGES

1. What is Class Advancement? (DMK Art. 71)

Class advancement or class change refers to the transfer of a civil servant from their current service class (e.g., General Administrative Services Class) to another service class (e.g., Technical Services Class) (DMK Art. 71). This transfer occurs if the civil servant meets the cadre and educational requirements of the new class.

2. Return to the Former Class After a Service Class Change and Evaluation of Periods

The fundamental principle of equivalency procedures in a civil servant’s career is the protection of the servant’s acquired right monthly grade as a guarantee (floor). If the grade and step determined as a result of the equivalency calculation are lower than the civil servant’s current acquired right monthly grade and step, the current acquired right monthly grade and step must always be taken as the basis.

However, there is a significant legal gap because no explicit provision exists in the legislation regarding the evaluation of periods for civil servants who return to their former class after being kept waiting for a period corresponding to the grade and step they earned in their former class due to a service class change.

Due to the lack of an explicit provision in the legal text, administrative opinions generally conclude that the personnel concerned should be appointed with the acquired right monthly grades they hold in their current class. This situation reveals the risk that a civil servant making a class change may incur a financial loss from the periods they were held back upon returning to their former class. This uncertainty highlights the importance of the Council of State’s case law being definitive in this area and the necessity for the civil servant to initiate legal proceedings to prevent a loss of rights.

3. Evaluation of Services (General Equivalency Calculation)

According to the general equivalency rule, the total successful service periods spent in civil service (after deducting negative performance records or the penalty of suspension of step progression) and the periods deemed to have been spent in civil service according to the legislation, are evaluated by adding one step for every year and one grade for every three years, thereby calculating the civil servant’s equivalency. Head of Personnel Departments are responsible for executing these equivalency procedures and recording the data in the Personnel Information Systems (HİTAP).

General Evaluation

Step and grade progression system of the Civil Servants Law No. 657 is a complex yet fundamentally rights-oriented structure that governs the civil servant’s career journey. The analysis has revealed that the system comprises two main types of progression:

1. Step Progression (Art. 64): This is essentially an automatic and horizontal right, arising naturally when the civil servant completes 1 year of service. The administration’s role is limited to formalizing this right through collective approval processes and recording it in the HİTAP system.
2. Grade Advancement (Art. 68/A): This is a vertical advancement and is mandatorily dependent on the existence of a vacant position in the higher grade. This makes grade advancement dependent on administrative discretion and personnel planning.

The legislator simplified the advancement conditions by abolishing the sicil (performance record) requirement in 2011 but maintained reward mechanisms like the no-disciplinary-penalty rule (the 8-year rule). On the other hand, Extraordinary Grade Advancement (68/B) and additional step applications after a Doctorate offer flexibility and discretion to the administration based on the nature of the service and the requirements of senior-level positions. However, these powers are subject to clear legal limitations, such as the provision that the cadre salaries of those appointed under 68/B are not considered an acquired right.

The principle of acquired right, which protects the civil servants’ personal rights, forms the basis of all equivalency and promotion processes, preventing administrative actions from adversely affecting the civil servant. The proper and fair management of this complex system necessitates that the relevant Head of Personnel Departments correctly interpret the legal provisions in light of current legislation and established judicial precedents. Legal gaps that emerge, particularly in rare situations like class changes, increase the critical need for administrative opinions and legal consultation to prevent the civil servant from suffering a loss of rights. Rank and Degree Advancement in Law No. 657.