Changes in Absences Days and Short Term Insurance

Changes in Absences Days Notification of SSI

For companies that have less than 30 employees, missing social security days must be notified to the authority using the related form EK-10 SGK Eksik Gün Bildirimi (Absences Days Notification  of the Social Security Institute) which must be submitted along with supporting documents (Such as unpaid leave forms, sickness reports, etc…). A new change announced in the official gazette on the 21st of August 2013 under the title ‘Sosyal Sigorta İşlemleri Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik’ (Amending the Regulation on Social Security Procedures)
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Changes in Short Term Insurance Premiums

The short term insurance premium rate is determined by the SSI following registration with the Social Security Institute by taking into account the level of occupational accident and illness risks and applying a rate ranging from 1%-6.5%. Workplaces that have premiums based on the 1% pay a much lower employer premium amount than workplaces that are known to be more dangerous. In a publication of the official gazette on 19.01.2013,
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Posted in Social Security Law and Regulations



ARTICLE 393- Service contract is an agreement where the worker undertakes to work dependent to an employer for a definite or indefinite term and The employer undertakes to pay a wage according to the work done.

Any contracts where the worker undertakes to give a service as a regular basis as a part-time is also a service contract.

Provisions relating to general service contract apply to apprenticeship contracts as well by analogy, special regulatory provisions are reserved.

B. Establishing

Written by Selim Tankut Akdağ, Posted in Code of Obligations



Fixed term employment contracts according to Turkish legislation.

Employment contracts with a fixed term are a valuable instrument with respect to labor laws in many countries.  Over time, many firms in Turkey have begun using this type of employment contract as a way to circumvent the grant of various legal rights that come with indefinite term contracts. Issues with the application of regulation persist despite the numerous court decisions and attempts to stop the usage of fixed term contracts to serve purposes other than those that they are intended to serve.

Due to the problems mentioned above, firms that have an actual need for fixed term contracts to be applied to personnel often face problems resulting from the incorrect interpretation of the situation.

When the topic is observed from the perspective of the employer; just as it is frequently experienced in the Istanbul Courts, even if the will of the employer and employee is known and clear, issues can arise at the end or renewal of a fixed term contract. From time to time the personnel receives incorrect information from individuals in their surroundings who are not very knowledgeable and give them false information. Additionally, regardless of the good intentions of the employer, problems resulting from the incorrect preparation of the contract can lead to disagreements.

Written by Selim Tankut Akdağ, Posted in Labour Law



It is discussed in the decision with the number 2009/11728 E of the 9th Law Department of Court of Appeals if apologia is mandatory in case of a termination with a good cause by the employee. This is significantly important in the reemployment lawsuits brought by the employee who is terminated with a good cause by the employer. As it is known, the termination with good cause because of the employee behaviours is invalid unless an apologia is required from the employee. It is open to arguments if the same should be applied in the terminations with good cause. This decision which is being discussed set forth with a legal point of view, that apologia is not necessary in terminations with good cause. However an anectode should be stated here, in reemployment lawsuits brought on terminations with good cause, courts generally come to a decision that the good cause as the reason of the termination cannot be a cause but a valid reason for the termination, therefore the reemployment requests must be rejected. At this point, if the reason of the termination is accepted as a valid reason instead of a cause, then it will be a problem for the employer not to require an apologia. Therefore, it is recommended to record an apologia under any circumstance.

Written by Selim Tankut Akdağ, Posted in Labour Law

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