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Social Security Law and Legislation

 
08April2021

SSI Termination Reason Code Changes

Social Security Institution has published a new Communiqué numbered 2021/9 and canceled the termination code 29 (for the behaviors of the employee against ethic rules) and added new termination codes with that new Communiqué.

The new codes on the Communiqué are as below:

Code-42; "If the employee tricks the employer and gives incorrect information about the employer during the employment contract. (Law No: 4857 Article 25-II-a)

Code-43; If employee speaks of ill or behaves disrespectfully on behalf of the employer or their families (Law No: 4857 Article 25-II-b)

Code-44; If the employee sexually harass another employee. (Law No: 4857 Article 25-II-c)

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation

05April2021

SSI Premium Calculation on R&D-Tecnology Regions

Social Security Institution has published a new Communique (No:2021/8) and changed the related part on the Communique 2020/20 about the social security premium calculations of the employees working on R&D or Technology Development areas in line with the related Laws no: 5746 and 4691.

Per that regulation; income tax and stamp tax would be applied for the wages of the R&D employees working in the scope of the Law No 4691. During the calculation of gross and net wages, income tax and stamp tax would be taken into account.

Accordingly, the approach of the gross and net wage calculations would be as below:

Gross Wage: Net Wage + Social Security Premium (Employee Portion) + Unemployment Premium (Employee Portion) + Income Tax + Stamp Tax

Net Wage: Gross Wage - Social Security Premium (Employee Portion) - Unemployment Premium (Employee Portion) - Income Tax - Stamp Tax

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation, Taxation Law

01April2021

SSI Web Service for Medical Visit

Social Security Institution has published a new application called Medical Visit Web Service (Vizite Web Servisi in Turkish) for the medical visit days related to the temporary incapacity periods.

With this service, employers can obtain the reports for temporary incapacity of employees and submit the non-workdays per these reports.

Also, the rules on the website https://uyg.sgk.gov.tr/vizite/welcome.do are the same on the new web service.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation, Labor Law

15March2021

Termination and Written Request Requirements for Retirement

The statement on the Law No. 506 (previously Social Security Law) stating that employees should terminate job contracts and make a written request for retirement/pension benefits has been cancelled by the Constitutional Court and published on the Official Gazette on March 3, 2021 and numbered 31412.

Social Security Institution has published a new Communique (No: 2021/5) with regards to the above decision and stated that termination from the job and written request requirements are still valid for the retirement benefits per the Law No. 5510 (valid as of October 1, 2008).

On the Communique; Social Security Authorities refer to the Article 28 of the Law No. 5510, which states that the employees should terminate job contracts and request retirement benefits in writing for retirement benefits.

They also state that the Court Decision was about the previous Social Security Law No. 506 and with the Article 106 of the Law No. 5510, the related statement on the Law No. 506 has been cancelled. So, the new passage in Law No. 5510 stating that employees should terminate and request retirement benefits in writing is valid.

Accordingly, the requirements of termination from job and written retirement benefit request to SSI are still valid for retirement benefits.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation, Labor Law

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