Turkish Labor Law
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Resul Kurt / Labor Law and Social Security
Insurance holder employment notification of the individuals who are deemed to be insurance holders under item (a) of Paragraph I of Article 4 of Social Insurance and Universal Health Insurance Law no 5510 should be submitted to the Institution one daybefore the insurance holder starts working at the latest. In other words, the insurance holder employment notification of an employee who will start working tomorrow should be submitted today at the latest.If the insurance holder who is employed does not start working on the day indicated on the employment notification, he/she can start working on another day after the date indicated on the notice.
There is a regulation issued by Social Security Institution for employers who are faced with this situation.It is required that on the day the employee starts working, workplace representatives and permanent insurance holding employees make an official report and on the same day write a petition addressed to affiliated Social Security Headquarters concerning cancellation of employment notification to which they attach the official report regarding the mentioned employment notification. The petition should be delivered to the Institution by hand or through registered mail within the same day.
Otherwise, the Institution could apply an administrative fine to the employer with the claim that the employer does not provide the insurance holder with monthly premium and service documents. As he will not be able to disprove the claim with any documentation, the employer will be obliged to pay the fine. . In addition, , it is important to note that a malicious insurance holder may bring action for fixing of period of service against an employer who does not take proceedings for cancellation and the former may highly likely win the case. For that reason, it would be for the benefit of the employer to keep that report for a period of 10 years.
In Case Wrong Date of Start of Work in Insurance Holder Employment Notification is issued
Although it is essential that insurance holder employment notification of the individuals who are deemed to be insurance holders under item (a) of Paragraph I of Article 4 of Social Insurance and Universal Health Insurance Law no 5510 should be submitted to the Institution before the insurance holder starts working at the latest, there are examples of cases that the employers indicate wrong date of start of work and are subject to administrative fines. Wrong indication of start of work especially occurs at year beginnings as the year turns. It is important that the employer’s declaration regarding wrong date of start of work in employment notice should be supported by documents that can be accepted as evidence so that the Institution could put the declaration into process. Otherwise, an application like “wrong date of start of work is mistakenly indicated, it should be corrected by the Institution” will be declined. Below are listed the procedures to be followed for approval of the declaration of the employer who makes that mistake:
- A corrective petition should be submitted to the Institution within the same day that the incorrect employment notice is given.
- A notarized employment contract indicating the date on which contract for service startsshould be attached to the corrective petition that should be submitted within the same day.
- An employment notice indicating the correct date of start of work should be signed by the insurance holder and should be submitted to the Institution’s records.
- Within the same day, a residence certificate, clearance report and health report should be provided and attached to the corrective petition.
- If the insurance holder is working in another workplace on the day the notification is made, a certificate of employment should be provided from his workplace and should be attached to the corrective petition. If possible, the mentioned workplace should provide the employee with a medical examination form and release him; if required, the employee should take one day’s sick leave.
If the institution does not make the correction and applies fine despite the employer’s application for correction with necessary attachments; the decision should be objected within 15 days maximum following the date of notification. In case of failure in obtaining results, a suit should be brought to administrative court within one month.
Source: Dünya Gazetesi
