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24April2020

New Announcement on Principles of Cash Wage Support

New Announcement on Principles of Cash Wage Support

The procedures and principles regarding the implementation of cash wage support to be made within the scope of the temporary article 24 of the unemployment insurance law numbered 4447 on 22/4/2020 have been published by the Social Security Institution.

The scope is determined as follows:

ARTICLE 2- (1) These Procedures and Principles are among the insured under the Law No. 4447;

a) As of 17/4/2020, the employers whose employment contracts have been granted unpaid leave under the temporary 10th article of the Labor Law dated 22/5/2003 and numbered 4857, and who cannot benefit from short-time work allowance,

b) Includes employees whose employment contracts were terminated under Article 51 of Law No. 4447 after 15/3/2020 and who could not benefit from unemployment benefits in accordance with other provisions of the same Law.

Application principles are determined as follows:

ARTICLE 5- (1) In terms of the employees who are entitled to unpaid leave under the subparagraph (a) of the first paragraph of Article 2;

a) Monthly notifications regarding the employees who are entitled to unpaid leave in order to benefit from cash wage support are made by the employers via web page https://uyg.sgk.gov.tr/IsverenSistemi, until the 3rd of the month following the month when the unpaid leave. For employees notified in this way, the reason for the missing day in the Monthly Premium and Service Documents / Withholding and Premium Service Declarations of the relevant month should be selected as "28-Pandemic Unpaid Leave". Those who employ more than 10 days of insured in home services within the scope of Article-9 of the Law No. 5510, should report this change to the Social Security Provincial Directorates / Social Security Centers with the same missing day code until the end of the month when the unpaid leave is granted.

b) The application and update procedures made by the employers regarding the unpaid leave information given under the temporary article 10 of the Law No. 4857 are notified to the SSI until the end of the month following the month when the unpaid leave is applied. However, after the completion of the period in which this application is in force, the applications that are made until the end of the following month and which are of a rightful nature are made for the previous month at most.

c) For those who are not entitled to short-time work allowance, the "18-Short Work Allowance" justification stated in the Monthly Premium and Service Documents / Withholding and Premium Service Statements is updated as "28-Pandemic Unpaid Leave" and within the framework of the principles stated in the first paragraph by the employers, unpaid leave application must be made. In addition, although it is reserved for unpaid leave after 17/4/2020, SGK has been asked to change the missing day code of those who accidentally report from another code instead of the missing day reason in the 28-month Premium and Service Documents / Withholding and Premium Service Declarations. they should apply to the relevant provincial directorate / social security center.

ç) Within the scope of the Cash Wage Support period, the Employer informs the number of days that the employee is on free leave, the TR Identity Number of the employee, the IBAN number of the employee and the mobile phone information on the SSI application screen.

(2) For employees who cannot benefit from the unemployment allowance under item (b) of the first paragraph of Article 2;

a) After the 15/03/2020, the unemployed benefit payments of the unemployed, whose employment contract is terminated but who are not eligible for this benefit, are paid by İŞKUR exclusively without the need for additional applications.

b) Unemployed persons, whose employment contracts were terminated within the scope of Article 51 of Law No. 4447 after 15/03/2020 but did not apply for unemployment benefits, can be paid through the internet address "https://esube.iskur.gov.tr/" or from the e-Government by İŞKUR upon applying for unemployment benefits.

Eligibility requirements are as follows:

ARTICLE 6- (1) Employees within the scope of subparagraph (a) of the first paragraph of Article 2;

a) As of 17/4/2020, the employer with whom he has a contract has to be paid for unpaid leave in accordance with the temporary article 10 of the Law No. 4857,

b) Not benefiting from short-term employment allowance,

c) Not getting old age pension from any social security institution,

ç) To be notified to SSI from document types 01, 04, 05, 06, 12, 14, 20, 29, 32, 35, 39, 52, 53, 54 or 55,

If they carry the conditions together and the necessary notification is made by their employers within the scope of the first paragraph of Article 5, they are entitled to cash wage support as long as they leave for unpaid leave under the temporary article 10 of the Law No. 4857.

(2) Those who have applied for short-term work by their employers and who are not eligible for short-term work allowance due to the fact that they do not meet the required premium conditions despite the acceptance of the application, as the unpaid leave granted by their employers under the provisional article 10 of the Law No. 4857 for the missing days for the relevant period. In case it is updated, it is entitled to cash wage support as long as they leave for unpaid leave.

(3) Employees whose employment contracts were terminated within the scope of Article 51 of Law No. 4447 after 15/3/2020, and who could not benefit from unemployment benefits in accordance with other provisions of the same Law, are included in the temporary article 10 of the Law No. 4857, provided that they do not receive a pension from any social security institution. the area is entitled to cash wage support as long as they are unemployed, not to exceed the period of termination.

(4) In line with the first sentence of the fourth paragraph of the article 50 of the Law No. 4447, the unemployment benefits are resumed until the completion of the unemployment benefit period they deserve before, in order not to exceed the period of non-termination in the temporary article 10 of the Law No. 4857, qualifies.

The transactions regarding the payment are as follows:

ARTICLE 7- (1) The duration of the cash wage support covers the periods of unpaid leave between 17/4 / 2020-17 / 7/2020 for those who have been granted unpaid leave under the temporary article 10 of the Law No. 4857. In the event that the term, which cannot be terminated in the temporary article 10 of the Law No. 4857, is extended by the President, cash wage support will be extended for the same period.

(2) The period of cash wage support between 17/4/2020 - 17/7/2020 for employees whose employment contracts were terminated within the scope of article 51 of Law No. 4447 after 15/3/2020 and according to other provisions of the same Law. covers unemployed time. In the event that the term, which cannot be terminated in the temporary article 10 of the Law No. 4857, is extended by the President, the cash wage support will be extended for the same period.

(3) The payment to be made for each person who deserves the cash fee support corresponds to the amount obtained after multiplying the stamp tax from the daily amount determined as 39.24 Turkish Liras and the number of days entitled to pay.

(4) No deduction can be made from the calculated payment amount, except stamp tax.

(5) Cash wage support is paid to the employee by means of payment ways, up to 30 days in a month.

(6) While working in more than one workplace, the number of premium payment days reported by the employers on behalf of those who have been granted unpaid leave under the temporary article 10 of the Law No. 4857 is collected. Cash wage support is paid on behalf of these persons for the days remaining less than 30 days. If a total of 30 days or more premium notification is made in the relevant month, these persons cannot be entitled to cash fee support.

General health insurance provisions are arranged as follows:

ARTICLE 8- (1) Those who benefit from cash wage support and are not covered by the general health insurer or the person to whom the general health insurer is obliged according to Law No. 5510, within the scope of subparagraph (g) of the first paragraph of Article 60 of the same Law. General health insurance premiums belonging to persons registered by SGK under this article are transferred to the SGK by İŞKUR.

Reasoning reasons and sanctions are determined as follows:

ARTICLE 9- (1) In the event that it is determined that the employee, who has been allocated for unpaid leave and who benefits from cash wage support, is actually employed, a penalty amount of the monthly gross minimum wage amount determined by article 39 of the Act no. and administrative fines are imposed by the provincial directorates of the business institution.

(2) In the period in which cash wage support is used, cash wage support is cut off if the work begins at the same or another workplace and / or if a pension begins to be obtained from any social security institution.

(3) The payment of the cash payment paid by the employers who cause excessive and improper payment is collected together with the legal interest to be processed from the date of payment.

(4) Excess and unjustified payments arising from the correction and update notifications to be made within the scope of subparagraph (b) of the first paragraph of Article 5 shall be deducted from the payment of cash payment of the worker for the following month. Under the provisional article 10 of the Law No. 4857, over and unjustified payments arising in terms of the person who cannot afford sufficient or no cash wage support until the end of the month following the termination of the termination cannot be made, are collected from the employer according to the general provisions.

You can access the relevant Social Security announcement via the link (in Turkish).

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

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