Turkish Labor Law
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The employees who considered as insured under a service contract, latest within one day before recruitment, starting of professional training or apprenticeship are to be notified to the Institution with “Statement of Employment of Insured Persons” that is provided in Social Security Procedures Regulations. If employers don’t give statement of employment on time, employers shall pay an administrative fine.
You will find below the period of notice for statement of employment for different business lines;
1- Insured employees that are to be notified before recruitment
Under provisions of 4-1/a clause, recruitment of the employees considered insured under a service contract is to be notified at the latest one day before the date of the start of professional training or apprenticeship to the Institution with “Statement of Employment of Insured Persons” as provided in Social Security Procedures Regulations.
2-Insured employees that are to be recruited in construction, fishing and agriculture sectors
The statements of employment of insured persons that are to be recruited in construction, fishing and agriculture business are to be notified at the latest on the first day of work. In order to detect whether the notification reaches the Institution within the legal timeframe, the following branch codes in business registration numbers will be utilized: for construction sector (41XX 42XX 43XX), for fishing sector (03XX), for agricultural sector ( 01XX) and for husbandry sector (011X).
3-Notification of insured employees on different means of transportation that are recruited during expedition to foreign countries
If the employers notify the statements of employment of insured employees that are recruited during an expedition to foreign countries by means of land, air and sea transportation to the Institution within one month from the employees’ start of work,, the statement of employment of the insured will be considered as notified on time.
4-Notification of insured employees by a business that will give notification of business for the first time
For businesses that give notification of business to the Institution for the first time, if the employers notify the statements of employment of insured persons that are to be recruited at the latest within one month as from the registration of business, the statements of employment of insured persons will be considered as notified on time.
5-Personnel employed under contract in public institutions who are not covered by provisions of unemployment insurance in accordance with Law no 4447
The notifications of those of the personnel who are employed under contract in public institutions under requirements of 4-1/a clause, and the personnel who, in accordance with Law no 657 for State Personnel, are employed under temporary staff status, are to be submitted to the Institution within one month as from the starting date of the personnel.
6-The personnel that will be employed for foreign service in public institutions
The personnel who are appointed to work in foreign services in accordance with Law no 5510 and who are under provisions of 4-1/a clause are to be notified to the Institution within one month as from the starting date of the personnel.
7-The personnel who will be working in public institutions under Department of Treasury visa
The personnel who will be working in public institutions and will be under provisions of 4-1/a clause are to be notified until the end of the second day following the arrival of the document regarding completion of visa procedures.
8-Personnel employed under contract who are transferred by appointment from
businesses that are privatized under requirements of Privatization Law no 4046 and the personnel outside that regulation
Personnel employed under contract who are transferred by appointment from businesses that are privatized under requirements of Privatization Law no 4046 and the personnel outside that regulation are to be notified to the Institution until the end of the second weekday succeeding the starting date of the employee in the public institution that he has been transferred.
9- The employees that benefit from unemployment appropriation or short work period appropriation in accordance with Law no 4447
The insured persons who benefit from unemployment appropriation or short work period appropriation in accordance with Law no 4447 are to be notified in the framework of the protocol that was signed between our Institution and Turkiye Is Kurumu ISKUR (Employment Agency of Turkey).
10- Notifications of apprentice, apprentice candidate and students of vocational education
The notifications of employment of the apprentice candidate, apprentice, students of vocational education, students of vocational high school and higher education who are required to do compulsory internship, as indicated in Law no 3308, are to be submitted by the educational institution to the Institution before starting date of internship or vocational education.
11- Notifications of arrestees and convicted
The notifications of the employees that are subject to provisions of clause (a), paragraph (1) of article 4th of five conditions set in Law no 5510 are to be submitted to the Institution by the public institutions that employ them, employers, Department of Correction or Agency for Workshops in Punishment and Execution latest within one day before their start date.
12- The employees transferred within the same business before the end of service contract
If an employee whose statement of employment of insured persons was notified to the Institution and whose official registration is complete, is transferred by appointment to the same business or a different business registered in a different unit, the notifications made after the expiration of the legal period are considered as notified on time.
Source: Dünya Gazetesi
