Article 9 of the Kyrgyz-Turkish Manas University (KTMU) Academic Personnel Regulation governs the conditions for contract renewal:
• The contract period is 1 year, and if neither party provides written notice at least 60 days before the end of the term, the contract is automatically renewed (Art. 9/2).
• For non-renewal of the contract, valid reasons specified in Regulation Art. 9/3 (e.g., lack of language proficiency, disciplinary penalties, performance inadequacy) are required. However, the University can also terminate the contract by giving 60 days' notice without stating any of these reasons.
Request for Non-renewal at Own Will: The contract is not renewed if the faculty member submits a written request for non-renewal to their unit or the Rectorate.
Disciplinary Penalties: The contract is not renewed if the faculty member receives a disciplinary penalty more severe than a "reprimand" or receives three "reprimand" penalties under the "Manager, Faculty Member, and Administrative Personnel Disciplinary Regulation."
Lack of Language Proficiency: The contract is not renewed if the ability to speak Kyrgyz Turkish and Turkey Turkish, the languages of instruction at the University, is not acquired within three years from the date of employment. In this context, faculty members must score at least 60 points in the language exams conducted by the University. Citizens of the Kyrgyz Republic are tested in Turkey Turkish, while citizens of the Republic of Turkey and other countries are tested in Kyrgyz Turkish.
Failure to Fulfill Job Obligations: The contract is not renewed if the faculty member fails to fulfill their duties and responsibilities at the University.
Academic Performance Inadequacy: The contract is not renewed if the required performance score, determined according to the "Academic Performance Evaluation and Incentive Regulation," is not achieved for three consecutive years. The sufficient performance score requires being in the top 95% percentile among faculty members with the same title.
Exceeding Graduate Education Periods: The contracts of research assistants are not renewed if they do not complete their master's degree within a maximum of four years and/or their doctoral degree within six years from their employment date.
Failure to Meet Assistant Professorship Requirements: The contracts of research assistants are not renewed if they fail to meet the minimum requirements for an assistant professor appointment within four years after completing their doctorate.
Discontinuation of Courses: The contract is not renewed if the courses related to the faculty member's field of work are discontinued and there are no other courses the faculty member can teach.
Paragraph 4 of Article 9 of the Regulation governs situations where the contract may be terminated before its end date:
• Resignation: The contract is terminated if the faculty member submits a written resignation from their position at the University to the Rectorate.
• Disciplinary Penalty: The contract is terminated if the faculty member receives a "dismissal from the University" penalty under the "Manager, Faculty Member, and Administrative Personnel Disciplinary Regulation."
• Detection of Plagiarism: The contract is terminated if plagiarism is detected in scientific works.
• Relations with Terrorist Organizations: The contract is terminated if it is reported by authorized bodies that the faculty member has relations with structures considered terrorist organizations by their home country.
Reinstatement and Compensation/Receivables Lawsuits
Mediation Application: According to Article 3 of the Labor Law No. 4857, the mediation process is mandatory before filing a lawsuit for reinstatement or employee receivables. An application must be made to a mediator within one month from the notification of the action. If mediation is unsuccessful, the lawsuit must be filed in the labor court within 2 weeks.
Court Decision and its Consequences:
• If a Reinstatement Decision is Given:
* The employee must apply to start work within 10 business days from the finalization of the decision.
* If the employer does not reinstate the employee within one month of the application, they are obliged to pay non-reinstatement compensation, determined by the court, amounting to at least 4 and at most 8 months' wages. Additionally, the employee is paid wages and other rights for the idle period, up to a maximum of 4 months.
• If a Reinstatement Decision is Not Given:
* The employee may claim severance and notice pay and other employment receivables if the conditions are met.
Compensations that Can Be Claimed:
• Severance Pay
• Notice Pay
• Idle Time Pay
• Non-reinstatement Compensation
• Annual Leave Pay
• Wage Differentials (Underpaid salary and social benefits.)
• Overtime Pay