Regulations

According to the Article 8, Paragraph 1, sub-clause f) of the Regulation on Disabled Service Units of Metropolitan Municipalities published in 16.08.2006, disabled service department of the metropolitan municipalities are authorized to offer proper rehabilitation and vocational educations

According to the 9/8/2009 dated Regulation on Principles and Procedures for Labor Recruitment at Public Institutions and Agencies;

Article 9 (4) defines positive discrimination for employment of the disabled individuals by asking the disabled, in application stage, the need for the attendant in the course of examination of public institutions and agencies, provided that such need shall be registered for notification to the examination board.

Article 7-1-e) rules that no disability condition shall not be sought in any employee demand of the public institutions and agencies, except for conditions required due to nature of the duty, any upper limit shall not be applied on disability percentage and any discrimination between the disability groups shall not be made.

Article 12-3 regulates that the people with mental disabilities may submit their application for disabled demands subject to lots, regardless of their level of education. This article enables higher level of discrimination in favor of the people with mental disabilities.

Paragraph 2, sub-clause f) of Article 45 of 31.05.2006 dated Regulation on Special Education Services states that applied vocational courses are arranged with respect to the social, cultural, economic characteristics and conditions, as well as employment opportunities of the relevant environment;

whereas Paragraph 2, Sub-clause e) of Article 46 explains that the course programs are defined by taking into account the social, cultures, economic characteristics and conditions, employment possibilities of the relevant environment.

According to the Paragraph 1, Sub-clause (c) of Article 6 of the Regulation on Special Vocational Rehabilitation Centers dated 02.05.2006, the individuals are provided with vocational training through the vocational courses where post-training certificates are offered; in other words, courses, educations programs can be arranged for employment purposes. In addition, sub-clause d) defines vocational guidance service that establishes the communication between the employer and the disabled and providing guidance to the disabled candidate.

09/01/2014 dated Regulation on the Commission Having the Authorization to Use Administrative Fines that are Collected from the Employers due to Non-employment of Disabled and Ex-Convicts explains working procedures and principles of the commission authorized to make decisions on usage of administrative fines that are collected from the workplaces due to non-employment of disabled and ex-convicts.

Purpose of 07/02/2014 dated Regulation on Public Personnel Selection Examination for the Disabled and Acceptance of the People with Disabilities to the State Service is to define principles and procedures for the disabled public personnel selection exam, the lots, recruitment processes, monitoring and supervision of disabled public personnel employment, supply of statistical data and other issues regarding employment of people with disabilities. Accordingly, the agencies submit their request for disabled staff to the State Personnel Administration. Centralized selection examination

or exam through casting lots is performed under the name of EKPSS. Turkish Employment Agency (ISKUR) may use relevant examination results for job placement purposes. The candidates submit their preferences and then, placed to relevant agencies with respect to their scores. In addition, Article 16 of same regulation states that the agency employing disabled is required to arrange its working areas and additions in compliance with needs of the disabled employee and to supply means and equipment to be needed by the disabled.

26/11/2013 dated Regulation on Sheltered Workshops identifies procedures and principles about functioning and supervision of workplaces opened by real or legal entities for the disabled individuals whose inclusion in labor market is difficult. Number of disabled employees at such workplaces cannot be less that 75 percent of total employees. Hiring process is initiated through personal application of disabled individuals registered at Turkish Employment Agency or by means of Provisional Directorates of Labor and Employment Agency. Employee records are kept by Provincial Directorates of Employment and Labor Agency and the Provincial Directorates of the Ministry of Family and Social Policies.

12/03/2013 dated Regulation on Active Labor Services regulates the procedures and principles for execution of active labor services offered by Turkish Employment Agency to assist in protection and increase of employment, improvement of vocational capabilities of unemployed, decrease of unemployment rate and inclusion of groups needing special policies within labor market. In this scope, employment raising policies and workforce education policies are determined with respect to the employers’ demands. Accordingly, vocational education courses are offered where disadvantaged groups are prioritized. Thereafter, on-the-job trainings and habilitation processes are initiated and harmonization process is closely monitored by means of supervisions.

Article 24 of the Regulation on Occupational Health and Safety at Mines dated September 19, 2013 includes following statement: “necessary arrangements are made at workplaces of disabled employees. Such arrangement is mainly performed at places directly used by the disabled employees, doors, crossing, stairs, showers, washbasins and restrooms”.

August 02, 2013 dated Regulation on Amendment to the Regulation on Domestic Job Placement renewed the definition of disability and enabled coordination between the Ministry of Labor and Social Security, the Ministry of Family and Social Policies and the Ministry Justice and Education to provide hiring and monitoring of disabled individuals.

Finally, 03/12/2004 and 24/06/2006 dated two Circulars of the Prime Ministry include explanations about employment of the people with disabilities and remind fulfillment of the requirements on identification of positions, realization of hiring and measures increasing employment of disabled.

CHAPTER TWO

A RESEARCH ON DISABLED PUBLIC SECTOR EMPLOYEES:

FIELDWORK AS AN EXPERIENCE

2.1. Method of the Research

This study is based on policy-oriented research method. Due to the nature of this method, detailed and systematic description of the subject of the study should be performed. Descriptive side of the research is fulfilled through implementation of survey method. Before start of survey, conceptual framework of the study has been created on the basis of local and foreign literature assessment. Basic questions of the survey were defined as following in the scope of this study grounding on right-based approach: To what extent the public employees with disabilities realize and improve themselves?

What kinds of alternatives are offered to and restrictions are imposed on the disabled personnel by the public sector employment in terms of community involvement? Research questions identified the widely used survey technique in the framework of survey method and the survey questions were arranged with respect to the above research questions. Thereby, concept-fact relation is established as an indispensable item of scientific data generation.