A position paper recommended that the Human Resources Management System should be amended to ensure a balance between improving public sector efficiency and protecting the rights of employees.
The position paper, issued by the Phenix Center for Economic Studies on Sunday, noted that the new system includes several positive aspects, such as linking salary to employee performance and offering incentives to employees with outstanding performance. However, the position paper pointed to some articles that require amendment to ensure fairness, transparency, and protection of employees' rights.
The government issued Human Resources Management Law No. 33 of 2024 and published it in the Official Gazette a few days ago.
The position paper pointed out that this type of regulation needs consultations with various relevant parties and is not drafted by experts, no matter how competent and capable they are. Unfortunately, the government did not conduct any prior consultations before adopting it and publishing it in the Official Gazette, which led to this wave of criticism of some of its contents.
The position paper assessed the system from the perspective of public administration, human rights, and decent work standards.
The paper showed that linking the salary to the importance of the job and the employee's performance is an effective tool to motivate employees and improve their performance. However, the paper emphasized the need to set clear, fair, and transparent performance evaluation criteria and to train evaluators to ensure that these criteria are applied objectively. It recommended the establishment of a mechanism to challenge the evaluation and regular monitoring to ensure fairness and transparency in the application of this system.
The paper also praised the incentive system that encourages employees to perform well but recommended that performance criteria should be clear, specific, and measurable. It also emphasized the importance of transparency in granting incentives and providing a system that includes material and moral incentives to meet the different needs of employees.
On the other hand, the paper criticized the text of the article that allows the termination of an employee's service during the trial period without giving reasons, considering this a violation of the principles of justice and transparency. It recommended amending this article to require the existence of objective reasons for terminating the employee's service, notifying the employee of them, and giving him an opportunity to defend himself.
The paper pointed out that shortening or canceling annual leave violates the rights of employees and negatively affects their health and performance. It recommended repealing or amending the provision that authorizes this, or amending it to ensure the right of employees to take their full annual leave, and providing a system to compensate them for any canceled leave that is conditional on their consent.