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20May2015

Employer's Obligation to Declare under Turkish Labour Regulations

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 Employers have a number of different declaration obligations under Turkish Labour laws and regulations. This article provides an overview of such common obligations.
 
 

Employer's Obligations to Declare under the Social Insurance and General Health Insurance Law no. 5510

 

SSI Hire Declaration

In accordance with article 4/1-a of the law no. 5510, employers shall duly declare new hires prior to employment start date.

 

SSI Termination Declaration

 
In accordance with article 4/1-a of the law no. 5510, employers shall duly declare leavers following 10 days of termination.

 

SSI Declaration for workplaces that are newly established, merged or transferred

 
Employers are required to declare new workplace no later than the date when an employee is employed for the workplace.
 
Where a company/workplace is merged with or acquired by another company, SSI merger/acquisition declaration shall be made no later than 10 days, following the registration date at the trade registry.
 
In cases where workplace is moved to another city or is taken over by another employer, transfer of workplace shall be declared no later than 10 days following the transfer. In the event where a workplace is inherited, inherited workplace shall be declared no later than 3 months following the death of the deceased.
 
In cases where the workplace is transferred to a new location within the city, new address can be declared to the SSI in writing.
 
Employees of a subcontractor working in the workplace of the principal employer can be declared using the same docket number of the latter's workplace provided that subcontracting agreement is attached.
 

SSI Premium and Service Declaration

 
All private sector employers are required to submit an e-declaration regarding Premium and service information of the employees for the month worked. This declaration which can be prepared in 'principal', 'addendum' or 'cancellation' format shall be submitted until 23:59 PM of the 23rd day of the month.
 

Workplace Accident and Illness Declaration

Workplace accident shall be declared to the police authorities immediately; and no later than 3 business days after the accident to the SSI offices.
 
An employer who has been notified that an employee has contracted a workplace related illness shall declare it to the related SSI offices within three business days.
 

Declaration of Temporary Disability

 
In order for temporary disability payments to be made, the below has to be declared:
 
- Whether any employees have actually worked during the time when they were declared as temporarily unfit to work,

- Payments, including premiums, bonuses made to the employee during the month,

- Whether SSI premiums were made after the sick employee applied to the health provider or the leave was granted.
 

Declaration of Unpaid Work Days

 
In workplaces where 9 or less employees are employed, employers are required to declare employees who have worked less than 30 days, or whose payments have been partially made with the following applicable supporting documents:
 
a) Medical report from a health service provider,

b) Document attesting that employee is on unpaid leave,
 
c) Documents attesting disciplinary action, arrest and custody,
 
d) Part-time work contract,
 
e) Any natural or man-made event, such as natural disasters, strikes and lock-outs that affect the workplace and official documents as supporting evidence.
 

Employer's obligation to declare under the Law on Work Permits of Foreign Nationals no 4817

 

Obligation to declare foreign national worker prior to employment

Unless otherwise provided in bilateral treaties signed and approved by Turkey, all foreign nationals are required to obtain work permit prior to undertaking employment.

 

Obligation to declare termination of insured status for foreign employees

Foreign employees who do not start work 30 days within the validity of the work permit shall be declared to the Ministry of Social Security and Labour.
 
Likewise, foreign employees whose contract has been terminated before the expiry of the work permit have to be declared to the Ministry.
 

Employer's Obligation to Declare under the Labour Code no. 4857

 

Obligation to Declare Mass Terminations

Employers are under the obligation to notify labour relations, district offices and Turkish Labour Organization 30 days prior to planned mass terminations.
 

Obligation to Declare Deducted Wages

No employer may impose a fine on an employee's wage for reasons other than those indicated in the collective agreement or the employment contract. The employee must be notified at once, together with the reason, of any wage deductions as fines.

These deductions shall be credited within one month to the account of the Ministry of Labor and Social Security in a bank established in Turkey and must be designated by the Ministry for use in the training of and social services for employees. Every employer must maintain a separate account in his or her establishment showing such deductions.
 

Obligation to Declare Disabled Employees

 
For every privately operated workplace where there are 50 or more employees, 3% of the headcount must consist of disabled employees.
 
Employers may employ disabled persons through Turkish Labour Agency, in which case additional declaration is not required.
 
In the event where employers hire disabled persons through their own means, they have to declare hired employee to the Agency within 15 days of employment.
 
 
 

Written by Gökhan Büyük, Posted in Social Security Law and Legislation, Labour Law

About The Author

Gökhan Büyük

Gökhan Büyük
Boss Governance, Payroll Chief.
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