Turkish Labor Law
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In missing day declarations employer’s statement will be taken as basis. Starting from March declaration period there will be no obligation of submitting (EK: 10) form and documents.
As is known, the workplaces with less than ten employees were under the obligation of submitting (EK: 10) form together with the documents showing the reason of missing days. Workplaces employing ten or more personnel were only declaring the missing days without obligation of submitting documents of proofs regarding missing day reason (sickness reports, unpaid leave etc.)
Now with the article 67 of Law number 7103 issued in Official Gazette duplicate number 30373, dated 27 March 2018, this obligation has been removed. All establishments regardless of their number of personnel will only declare the missing days in their monthly premium and service document, but don’t submitted documents related to reason of missing day.
However, these documents will be kept in the workplace and be presented within 30 days when required by the SSI.
WHAT IS MISSING DAY DECLARATION?
In Turkey’s legislation, number of working days within a month is considered 30 regardless of the actual number of days in the month. In other words, workdays of January (31 days), February (28 or 29 days) or March (30 days) is the same. Thus, fully worked employees’ insurance days must be declared as 30 days.
An employee may be absence from work for various reasons (sickness, unpaid leave, disciplinary penalty). Normally these days are deducted from 30, however in February unworked days should be deducted from 28 (or 29 in every four years period).
