Two concepts are often confused in practice: the press card and the minimum intellectual worker staff. They are two separate regimes, run by different institutions, for different purposes, on different criteria.
The Two Regimes Compared
| Subject | Press card | Minimum intellectual worker staff |
|---|---|---|
| Purpose | Identity document for a media member | The newspaper's right to publish official announcements |
| Deciding body | Directorate of Communications — Press Card Commission | Press Advertising Agency |
| Basis | Press Card Regulation | Law No. 195 and Agency decisions |
| Whose is it? | The individual's | The organisation's |
| Quota | Limited by type of publication | A minimum number by type and scale |
Where the Staffing Conditions Come From
Who may be counted on the minimum staff is determined by the Press Advertising Agency's rules. Two limits with a clear source are:
- The partnership bar. Under Principle Decision No. 171 of 25.05.2005 (Official Gazette 07.06.2005-25838), the partners of the concession-holding or publishing legal person — and in joint stock companies founding partners and partners who are board members — cannot be included on the minimum intellectual worker staff.
- The duty and residence condition. Under Principle Decision No. 94 of 16.08.1985 (Official Gazette 23.08.1985-18851), those on the staff must not perform work outside the staff duty and must reside in the place of publication — a condition read functionally, by reference to whether the duty is performed appropriately and continuously.
These are covered in the owner on the payroll article and the two payrolls article.
The Common Foundation: A Contract Compliant with Law 5953
Where the two regimes do meet is the written employment contract. Article 4 of Law 5953 requires a written contract stating the nature of the work, the wage and seniority. That same document is:
- The basis of the journalist's employment rights under Law 5953
- A condition of the press card — Press Law No. 5187, Add. Art. 3(f) treats a contract compliant with Law 5953 as a requirement
- A condition of the minimum staff — the Official Announcement and Advertisement Regulation requires the contracts of intellectual workers on the staff to be made in writing and full-time in compliance with Law 5953
Where to Verify
Because the two regimes are administered by different institutions, questions should be put to different addresses:
| Question | Where |
|---|---|
| Will this person be issued a press card? | Directorate of Communications |
| Can this person be counted on the minimum staff? | Press Advertising Agency — the local branch |
| Is the contract compliant with Law 5953? | Ministry of Labour and Social Security / your lawyer |
Bottom Line
The press card and the minimum intellectual worker staff are separate regimes with separate deciding bodies. Neither is drafted as a condition of the other. What they share is the requirement of a written contract compliant with Law 5953 — which is simultaneously the basis of employment rights, a condition of the press card, and a condition of the minimum staff.