A common situation in small local publishing: the same person is shown on the staff of both the newspaper and the news website. The Press Advertising Agency's minimum staff regime approaches this through two separate conditions.
The Text of the Condition
The second paragraph of Article 20 of Decision No. 67 of 15 February 1977 of the General Assembly of the Press Advertising Agency imposes two conditions on those to be included in the minimum staff. Principle Decision No. 94 reproduces the paragraph as:
"That those to be included in the minimum staff do not perform any work outside the staff duty, or requiring physical activity even in part, and that they reside in the place where the newspaper they work for is published."
| Condition | Content |
|---|---|
| No work outside the staff duty | No work outside the staff duty, or requiring physical activity even in part |
| Residence | Residing in the place where the newspaper worked for is published |
What Principle Decision No. 94 Interprets
| Item | Detail |
|---|---|
| Decision number | 94 |
| Decision date | 16.08.1985 |
| Official Gazette | 23.08.1985 — No. 18851 |
| Basis | Law No. 195, Art. 38 |
| Applicant | Yeni Malatya newspaper — 30 July 1985 |
The decision determines how the word "place" in the residence condition is to be read: the deciding bodies must interpret it taking into account the distance between the newspaper's office and where the person lives and the available transport, and by considering whether the duty is being performed appropriately and continuously.
What Does Law 5953 Say?
As a general rule Article 13 of Law 5953 provides that, unless the contract says otherwise, the journalist is free to take other work outside, whether or not it is press-related.
The Contract Must Be Full-Time
The contracts of intellectual workers shown on the minimum staff must be made in compliance with Law 5953, in writing and full-time. Running two full-time contracts on the same calendar also creates a problem of proof in practice: working records, payslips and premium day counts cannot show as full at both publications.
What to Do in Practice
- Check staff lists per person, not per company; the same national ID number should not appear on two lists.
- Draft contracts as full-time and keep them consistent with working records.
- Assess residence together with the office address; where distance is an issue, document the continuity of the duty.
- In case of doubt, obtain a written opinion from your local Press Advertising Agency office before applying.
Bottom Line
The minimum staff condition requires that those on the staff perform no work outside the staff duty and reside in the place of publication. Appearing full-time on two publications' minimum staffs is not compatible with that condition. Principle Decision No. 94 of 16.08.1985 reads the residence condition functionally: what matters is whether the duty is performed appropriately and continuously.