Termination Code Removed from the SSI Service Record

As is known, termination/exit codes indicating employees' reasons for termination have so far been included in the Social Security Institution (SSI) Service Record documents accessed via e-Devlet (e-Government Gateway). With the latest implementation change, this information is no longer included in official SSI service records.

It is understood that this change was implemented by taking into consideration the decision and reasoning of the 10th Chamber of the Council of State dated October 14, 2024 and numbered 2020/2598 E. and 2024/3991 K.

In the said case, it was alleged that the disclosure of "Code No. 29" used as the reason for termination (termination by the employer due to conduct contrary to morality and good faith) without the employee's consent was unlawful on the grounds that it restricted the person's future employment opportunities and created a risk of stigmatization. The Council of State ruled that this practice violated:

• The right to respect for private life,
• The right to protection of personal data,
• The freedom to work,

in a manner contrary to the Constitution.

Within this scope;

The phrase "Code No. 29" and the wording "Termination by the employer due to the employee's conduct contrary to morality and good faith" contained under the section "Reason for the insured's termination (code)" in Field No. 15 of the "Insured Employee Termination Notification", which is set out in the amended Annex-5 of the Annex to the Social Insurance Transactions Regulation as amended on August 25, 2016, were found unlawful by the Council of State and annulled.

Although the SSI abolished Code No. 29 through a circular published in 2021 and introduced more detailed codes ranging from 42 to 50 in its place, the Council of State ruled that the dispute continued since the main regulatory provision in the Regulation had not been amended, and therefore annulled the Code No. 29 provision in the annex to the Regulation.

In the decision, in particular;

It was emphasized that such data, which is based on the employer's unilateral declaration,

• Is contrary to the principle of proportionality,
• And violates the freedom to work and the right to protect personal data.

As a result, the Council of State clearly demonstrated that the explicit disclosure of such records, which lack a strong legal basis and undermine fundamental rights, must be prevented.

In line with this decision, with the latest system update implemented by the SSI, the reason for termination and the exit code information are no longer displayed on service records obtained via e-Devlet in documents accessible to employers.

Conclusion

The termination / exit code constitutes personal data, as it renders the individual directly or indirectly identifiable. In the processing of personal data, the principle of being "relevant, limited, and proportionate to the purposes for which they are processed" is essential. Knowing under which code an employee left their previous job may not always be necessary or proportionate data for a prospective employer's recruitment decision.

As a result, requesting documents from candidates that directly include the termination/exit code during recruitment processes may give rise to a risk of unlawfulness, even if the candidate has provided explicit consent.

Our recommendation to employers is that, instead of an approach based on codes, candidates should be assessed based on:

• The candidate's professional competencies,
• Interview performance,
• Legitimate and lawful reference checks,
• Documents issued within the scope of Article 28 of the Labour Law No. 4857, indicating the type of work and the duration of employment,

and that decisions should be made accordingly.

You can access the full text of the relevant decision here. (In Turkish)