PART THREE
Bans and Punitive Provisions
Ban to employ outside the assignment
ARTICLE 16. - Private security personnel can not be employed outside the guarding and security services stated under
the Law.
Ban to strike
ARTICLE 17. - Private security personnel can not participate to strikes.
Ban to dismiss
ARTICLE 18. - Private security personnel can not be dismissed due to lockout.
Criminal offenses and penalties
ARTICLE 19. – The criminal offenses and penalties stipulated in this Law are as follows:
a) 3 months to 1 year of imprisonment and a judicial monetary penalty are inflicted upon persons, or managers of companies,
who employ private security personnel without obtaining a private security license pointed out in article 3 of this Law.
b) 3 months to 1 year of imprisonment and a judicial monetary penalty up to 5000 days are inflicted upon the founders and
managers of the companies that have private security operations without obtaining the license mentioned in article 5 of this Law,
and upon the managers of companies and organizations that establish a private security unit without the permission to be granted
as indicated in article 3 of this Law, and upon the managers of the companies and institutions that give private security training
without due permission to be granted as indicated in article 14 of this Law. Persons thus punished lose their qualification to
become a founder and manager in private security companies and in institutions that give private security training.
c) Persons, institutions, organizations or companies that employ persons who are not granted a work license as per article 11 of
this law, are inflicted 3 months to 1 year of heavy imprisonment for each person thus employed. They are additionally inflicted to
the relevant security measures if and when such employment includes carrying a gun.
d) Persons, or managers of institutions, organizations and companies which employ private security personnel without making the
private security financial liability insurance set forth at article 21 of the Law, are inflicted to a judicial monetary penalty of 150 days
for each person they employ.
e) Persons, or managers of institutions, organizations and companies which falsely publicize or advertise that they are giving
private security service or private security training without obtaining the operation license set forth by the Law are inflicted to an
imprisonment of up to six months and a minimum judicial fine corresponding to imprisonment of 50 days.
Administrative offenses and penalties
ARTICLE 20. - The administrative offenses and penalties stipulated in this Law are as follows:
a) Private security companies that fail to inform the governorship in writing about the private security service to be provided to
other persons, companies and organizations within the time period indicated at article 5 are inflicted to an administrative fine of
one thousand Turkish Liras for each failure of notice.
b) Persons, or managers of institutions, organizations or companies that fail to implement the additional measures requested by
the public administrators pursuant to article 6 are inflicted to an administrative fine of two thousand Turkish Liras.
c) Private security personnel who breach the ban to participate a strike as indicated at article 17, who use their fire guns contrary
to the Law or outside their area of assignment, and who let others use their private security cards are subject to an administrative
fine of one thousand Turkish Liras, and their work license is cancelled. Such persons can not work as private security personnel
thereafter.
d) An administrative fine of two thousand Turkish Liras is inflicted upon the persons, or managers of institutions, organizations or
companies which fail to take actions for remedying the defects and deficiencies detected as per article 22.
e) Persons, or managers of institutions, organizations or companies which employ the private security personnel in fields other
than the guarding and security services are inflicted to an administrative fine of one thousand Turkish Liras for each such
employment.
f) The persons who do not fulfill the notifications at the second paragraph of article 11 and the third paragraph of article 12 within
the foreseen time frame are inflicted to an administrative fine of one billion Turkish Liras.
The decisions of administrative fines under this Article are taken by the highest ranking public administrator of that place.
Such decisions are communicated to the interested parties pursuant to the provisions of the Notification Act no. 7201.
Objections to the fines imposed under this Article can be made to the competent local administrative court within no later than
seven days of receipt of the notice thereof. Objection does not hinder the enforcement of the penalty. The objections are finalized
within the shortest time possible through examination of documents, except where otherwise deemed necessary. Judgments
taken upon objection by the local administrative court can be appealed in the regional administrative court. Judgments of the
Regional Administrative Court are in any case final. Administrative fines imposed pursuant to the Law are collected by the Ministry
of Finance upon a notice of the related governorship or district governorship, in accordance with the provisions of Law no. 6183
about Collection Procedures of the Public Receivables.
