Turkish Labor Law
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One of the problems encountered in working life is the great number of amendments made to Legal Legislation. Working life becomes quite complex and hard to follow due to issues such as the amendment of articles in the law with the regulation and rearranging of amended articles with a circular or another law to be introduced. In this article, we will discuss the amendment of the article of Law No. 5510 which has been amended with the new legislation published in the Gazette, No. 28742 of 21.08.2013 by recently introduced Law No. 6552 publicly known as Bag Law.
According to Article 10 Paragraph (d) of the Regulation on Social Security Procedures and Article 6/(e) of Social Securities and General Health Insurance Law No. 5510 along with the “Amending the Regulation on Social Security Procedures” published in the Official Gazette No. 28742 of 21.08.2013
“Persons who are relocated to work in Turkey by any non-resident institution established in a foreign country on behalf of that institution and who evidence that they are insured in that foreign country, and persons who are self-employed in Turkey, residing abroad and subject to the social security legislation of the relevant country,”
Foreigners who are subject to the aforementioned provision of the article were not considered insured in our country. Therefore, employers of these persons were not obliged to insure them.
Amendment Performed by Bag Law
“Article 6, clause 1, paragraph (e) of Social Securities and General Health Insurance Law No. 5510 of 31.05.2006 has been amended as follows.
“e)Without prejudice to the provisions of international social security contracts, persons who are relocated to work in Turkey by a non-resident institution established in a foreign country on behalf of that institution for maximum three months and who evidence that they are insured in a foreign country, and persons who are self-employed in Turkey, residing abroad and subject to the social security legislation of the relevant country,”
In accordance with the amendment; Without prejudice to the provisions of International Social Security Contracts; persons who are relocated to work in Turkey by a non-resident institution established in a foreign country on behalf of that institution for maximum three months and who evidence that they are insured in that foreign country are not considered insured. Thus, employers will be obliged to insure such persons who have been working in Turkey for more than 3 months.
Feti SAVRAN
Labor Law and Social Security Law Expert / Social Security Inspector
