Turkish Labor Law
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Regulation on the Amendment of Unemployment Insurance Law and Social Security and Universal Health Insurance Law which includes some of the incentive regulations stated by Prime Minister has been issued.
Regulation on the Amendment of Unemployment Insurance Law and Social Security and Universal Health Insurance Law is issued in Official Journal dated 18.08.2009 no 27323. The law brings along some regulations on insurance premiums of the employees.
Within this scope:
1. Effective as of 01.10.2009, for the insurance holders who have been employed while receiving unemployment insurance benefits and who have been employed along with the average insurance holders who have been working for a six-month period, one month prior to the employment of the insurance holder, the employer’s and the employee’s contribution shall be paid by unemployment fund on condition that short term insurance branches premium will be calculated as %1 of the minimum average daily earning taken as basic to premium. The period of payment shall be limited to the insurance holder’s entitled period of unemployment insurance benefits. For instance, if the entitled period of unemployment insurance benefits is 10 months and if the insurance holder received 3 months of benefits, the incentive shall be paid for 7 months at the most. To receive the incentive payment, monthly premium and service documents should be prepared on time and the premium not covered by the Fund should have been paid in time. The employees who started working at the same place of employment after quitting work and the insurance holders who are receiving another incentive payment shall not benefit from this incentive.
2. For the insurance holders who have been employed along with the insurance holders indicated in (April 2009) monthly premium service document, the employer’s contribution calculated on the basis of minimum average daily earning taken as basic to premium shall be paid from unemployment fund. To execute this regulation, the insurance holder should be employed before 31.12.2009 and he should not be covered by insurance for a three-month period prior to the date of employment. The period of payment for premiums is limited to six months. The Council of Ministers is given the authority to extend the date from 21.12.2009 to 30.06.2010 and to extend the period of payment for premiums for another six months.
To benefit from the incentive, monthly premium and service documents should be prepared on time and the premiums that are not covered by the fund should be paid. Actual working time shall be taken as basis in the application of the incentive and the employees paying social security support contribution and employees working abroad shall not benefit from the incentive. The cases where the incentive shall not be applied are enumerated in detail in the text of article.
3. For the insurance holders who are working under employment areas created by government promoted investments, the employer’s contribution calculated on the basis of minimum average daily earning taken as basic to premium shall be paid by the Treasury. The Council of Ministers is the authority that determines the period of incentive and premium percentage.
It is adjudicated that Ministry of Labor and Social Security shall define the enforcement details of the incentive explained in section 2 and Undersecretariat of Treasury shall define basics regarding the incentive explained in section 3.
