According to Law No. 5188 on Private Security Services, it is possible to establish a private security organisation to ensure security at the workplace and to employ private security officers in Turkey in relation to the work. It is clear that these employees, who are considered as insured and workers in accordance with the Social Security and General Health Insurance Law and the Labour Law, shall be subject to the provisions of the aforementioned laws and the provisions of the regulations issued in accordance with these laws. However, in addition to these, there are some special regulations arising from the Law No. 5188 on these workers.
First of all, it is necessary to have the conditions required in Article 10 of the law for these persons. These conditions are to be a citizen of the Republic of Turkey, to be a graduate of at least eight years of primary or secondary school for those who will serve unarmed, and at least high school or equivalent school for those who will serve armed, (according to the provisional Article 2 of the law, the requirement of high school graduation will not be required for private security officers in Turkey who are employed in private security organisations established in accordance with Law No. 2495 on the effective date of the article). To be over 18 years of age, not to be convicted of certain offenses, not to be banned from public rights, not to have a disability with body and mental illness that prevents him from performing his duty, to have successfully completed private security basic training.
In particular, a separate regulation has been issued under the name of Private Security Officers Health Conditions Regulation in Turkey on how to provide the health conditions and health board reports that private security officers should obtain (candidate health report) and private security officers should repeat (health board report declaring the situation). For this reason, in general, private security officer candidates and private security officers are required to obtain a medical board report in accordance with the provisions of the said regulation and renew these reports at certain times. Otherwise, the candidate’s candidacy will not be accepted or it will not be possible for the private security officer to continue his service.
Afterwards, it is necessary to obtain permission from the relevant governorship about these persons. These permits issued by the governorate will be for 5 years. At the end of 5 years, if the private security renewal training is successfully completed, a work permit will be issued again. Those who retired from the general law enforcement forces and the National Intelligence Organisation and those who left voluntarily after being in this position for at least 5 years will not be required to undergo basic training for 5 years from the date of departure.
Employees working as private security guards are required to carry an identity card and wear a uniform during their working period.
According to Article 15 of the Law, in case of injury or disability during the fulfilment of the duty, compensation determined in the employment contract or collective labour agreement will be paid to them, or to their heirs in case of death, and if a higher compensation is awarded by the courts, this compensation will be deducted and this compensation will not be associated with other compensation to be paid according to the Labour Law No. 4857 (severance pay, annual paid leave fee).
According to Article 16 of the Law, it is forbidden for private security personnel to be employed in any other job other than protection and security services, to participate in strikes according to Article 17 and to be dismissed from work due to lockout according to Article 18.
According to Article 23 of the Law, private security officers in Turkey shall be deemed to be civil servants within the meaning of the Turkish Criminal Code and those who commit offenses against them due to their duties shall be punished as if they had committed offenses against public servants.
According to Article 11 of the Law, private security guards are required to notify the relevant governorship in writing within 15 days of their commencement of employment and their termination of employment according to Article 12.
Additionally, Article 13 of the Labour Law and the provisions of the “Regulation on Part-Time Work After Maternity Leave and Unpaid Leave”, Articles 69 and 73 of the Labour Law and the provisions of the “Regulation on the Conditions of Employment of Female Employees in Night Shifts” issued in accordance with Article 30 of the Occupational Health and Safety Law No. 6331, and Article 76 of the Labour Law. Article 76 of the Labour Law, the provisions of the “Regulation on Special Procedures and Principles Regarding the Work in the Works Conducted by Employing Workers in Shifts”, the provisions of Article 74 of the Law and the provisions of the “Regulation on the Conditions of Employment of Pregnant or Breastfeeding Women and the Regulation on Breastfeeding Rooms and Child Care Facilities” issued in accordance with the Law No. 6331, the following special working conditions should also be taken into consideration regarding private security guards.
– In private security services, it is possible for night working hours to exceed seven and a half hours, provided that the consent of the workers is obtained (the gender of the private security guard is not important).
– Private security services include workers employed by private security companies that are granted an operating licence by the Ministry of Interior within the scope of Law No. 5188 on Private Security Services, or workers employed as private security guards in any workplace and workers employed by subcontractors in these workplaces.
– Contrary to the general rule (at least 3 worker shifts in works that must last 24 hours), worker shifts can be arranged as two shifts in 24 hours in works where private security services are carried out.
– Additionally, the provisions of Article 13 of the Labour Law and the provisions of the “Regulation on Part-Time Work to be Performed After Maternity Leave or Unpaid Leave” issued on the basis of this article, the provisions of Article 74 of the Law and the provisions of Article 74 of 6331. According to the provisions of Article 74 of the Labour Law and the provisions of the “Regulation on the Conditions of Employment of Pregnant or Breastfeeding Women and the Regulation on Breastfeeding Rooms and Child Care Facilities” published in accordance with the Law No. 6331, it is necessary to take into account the labour rules to be applied in case of maternity and pregnancy in relation to female private security guards and to protect the health of female private security guard employees and their children.