According to the Turkish Social Security Law, the notification of the workplace to the Social Security Institution is a matter of particular importance. Sub-employers hiring a work from a main employer should also be notified specifically to the Institution.
The Definition of ‘Workplace’ According to the Turkish Social Insurance Law
Workplaces are the places where the insured do their work together with the material and non-material elements. Places connected to the workplace, which are affiliated with the goods produced or services provided in the workplace and which are organized under the same management and are organized under the same management, other attachment places such as resting, breastfeeding, dining, sleeping, washing, examination and care, physical or vocational training places, courtyards and offices, and vehicles are considered within the definition of workplace.
The Legal Definition of ‘The Employer’
According to subparagraphs (a) and (c) of the first paragraph of the Article 4 of the Social Insurance and General Health Insurance Code No. 5510, real or legal persons and institutions and organizations without legal personality that employ individuals deemed to be insured are considered legally within the definition of “employer”.
According to this definition of the Code No. 5510, since it is sufficient to employ people who are deemed to be insured according to subparagraphs (a) and (c) of the first paragraph of Article 4 of the Law, in order to gain the title of employer legally, the fact that the employer is a natural or legal person or lacks a legal personality will not affect the title of employer.
The Declaration of Subcontractors to the Social Security Institution
According to the Turkish Social Insurance law subcontractors are specifically defined. In this regard, subcontractor is the third person who receives a job from an employer in a job related to the production of goods or services at the workplace or in parts or attachments of a job and employs the insured persons assigned for this job. Even if the insured persons have been recruited through a third party and have made an employment contract with them, they will be responsible together with the subcontractor for the obligations imposed by this Law on the employer.
Pursuant to the mentioned provisions, in order to talk about the principal employer-subcontractor relationship the following conditions will be checked at the same time:
– Presence of the principal employer who employs the insured in the workplace,
– Employing insured for the work undertaken by the subcontractor,
– Conducting the work at the workplace of the principal employer,
– The sub-employer’s taking a job in a part of the main job, attachments or auxiliary works of the main employer.
Submitting the Workplace Declaration to the SSI
Pursuant to the regulation in the third paragraph of the Article 11 of the Code No. 5510, employers are obliged to submit the workplace declaration, a copy of which will be prepared by the Social Security Institution, to the Institution at the latest on the date when the insured person starts to employ them.
In this respect, the employer who employs insurance holders within the scope of subparagraph (a) of the first paragraph of the Article 4 of the Code, takes over an insured workplace or transfers the workplace with such qualifications to him, is obliged to submit a sample within the periods specified in the Article 11 of the Code. It is obligatory to send the workplace declaration which is a specific document at the Annex-6 of the Social Insurance Transactions Regulation.
