Turkish Labor Law
With the Official Gazette dated September 30, 2021, both the “Short-Term Insurance Branch Implementation Communiqué” and the “Communiqué on the Procedures and Principles Regarding the Submission of the Notification of the Insured Persons at Rest to the Social Security Institution by the Employers” were repealed.
Subclause 9 of Article 40 of the Social Insurance Transactions Regulation and SGK’s “Short-term insurance branches applications” numbered 2016/21 on whether the insured persons within the scope of subparagraph (a) of the first paragraph of Article 4 of the Law work at their workplaces during the medical leave period. It is obligatory to make the notification electronically, in accordance with the procedure determined by the institution, within the period during which the monthly premium and service certificate/concise and premium service declaration of the month in which the rest/medical leave ends are submitted by the employers. In case the notification of non-work is not made or it is made outside the time period, an administrative fine is imposed according to subparagraph (i) of the first paragraph of Article 102 of the law. Since the regulation is still in effect, no change has been made regarding the notification of employees with a rest report whether they are actually working or not.
For this reason, we can say that there is no change in the employer, and that your employees who are at rest should continue to make non-work notifications in the Concise and Premium Service Declaration as in the past.
With this amendment, it is aimed to prevent irregularities in the legislation by gathering the relevant issues under a single heading.
