Constitutional Court Ruling on Family Unity Reassignment for Healthcare Personnel

The Constitutional Court has rejected by a majority vote the annulment request regarding the rule that stipulates contract healthcare personnel working under the Ministry of Health cannot request a reassignment before completing a three-year service period if their spouse is working as contract personnel in another public institution.

The Hakkari 2nd Administrative Court had brought the regulation—which stipulates that contract healthcare personnel working under the Ministry of Health pursuant to Article 45/A of Decree Law No. 663 cannot request a reassignment before completing a three-year service period if their spouse works as contract personnel in another public institution—to the Constitutional Court, requesting the annulment of the rule. Examining the application, the High Court drew attention to the importance that the uninterrupted and orderly execution of health services holds for public health.

The decision stated that the legislator has discretionary power in determining the appointment and relocation conditions of personnel in order to ensure continuity in public services and use human resources efficiently. The Constitutional Court noted that the regulation does not completely eliminate the right to reassignment, but merely conditions the exercise of this right on the completion of a three-year service period. Evaluating that the period in question is not of a nature that would make family unity impossible or create an excessive burden on individuals, the court concluded that the status difference between tenured and contract personnel is based on an objective and reasonable ground, and the annulment request was rejected by a majority vote.

Three Constitutional Court members who dissented from the decision emphasized the state's obligation to protect family unity in their dissenting opinions. The dissenting members stated that whether spouses work in tenured or contract status does not change the effect on family life, and argued that imposing a requirement to complete a three-year service period for healthcare personnel to request a reassignment on the grounds of family unity excuse is not compatible with the principle of proportionality.