The workplace declaration constitutes one of the mandatory notifications that must be fulfilled by the one who opens, takes over or inherits a business according to Turkish social insurance law.
According to the Turkish social insurance law, workplace is legally defined as the place where the insured do their work together with tangible and intangible elements.
Other attachments such as places of rest, breastfeeding, food, sleep, washing, examination and care, physical or vocational training, courtyards and offices, and vehicles connected to the workplace, which are connected to the goods produced or services provided in the workplace and are organized under the same management are all counted within the legal definition of the workplace.
The employer is obliged to submit the workplace declaration, a copy of which is prepared by the Social Security Institution and specified in the annex of the Social Security Transactions Regulation, to the Institution at the latest on the date the insured starts to employ. As this is the deadline, the workplace declaration can be made on a previous date as well, even before employing any worker.
In case the establishment of the company is notified to the trade registry offices, this notification is deemed to have been made to the Social Security Institution and a separate workplace notification is not required to be issued by the relevant persons. Trade registry offices are obliged to notify this notification to the Social Security Institution within ten days at the latest.
In case the companies subject to the provisions of the Turkish Commercial Code No. 6762 change, merge or join to another company, at the latest, within ten days following the day of the announcement date regarding the registration of these matters in the trade registry a workplace declaration must be submitted. In the same line, in case of a new partner being recruited to the company in ordinary companies, it must be reported to the Social Security Institution with a workplace declaration as well, at the latest, within ten days following the registration.
In case the workplace is transferred from the address in which it operates to an address in another province of Turkey, a job or workplace for which an insured is employed, is transferred to another employer, it is obligatory to submit a workplace notification within ten days following the date of transfer of the workplace and the new employer taking over the job or workplace. Likewise, in case of inheritance of a workplace, the heirs of the deceased are obliged to submit the workplace declaration to the Social Security Institution within three months at the latest from the date of death.
In case the workplace is transferred to an address within the borders of the same province, without any change of province, it is sufficient to notify the address change in writing, and there is no obligation to submit a workplace notification. Insurance rights and obligations of the insured working in these jobs continue.
Governorships, municipalities and other public and private law legal entities authorized to issue licenses for workplace, the information and documents regarding the construction license and all other license or license transactions and, if any, the employment information that is the basis for their issuance shall be submitted to the Social Security Institution within one month from the date of issue. Which of these notifications will replace the notification of the workplace has been determined by the Social Security Institution, and a separate workplace notification is not issued for these determined ones.
Those who do not submit the workplace declaration to the Social Security Institution within the legal period, who do not submit it in accordance with the form and procedure determined by the Institution even though it is being submitted within the legal period, or who do not send it in the aforementioned medium although it is required to be sent by the Social Security Institution on the internet, electronic or similar mediums are being given administrative penalty. For the calendar year of 2022, this administrative fine amount is between 6,471 Turkish Liras and 19,413 Turkish Liras, depending on the nature of the workplace.
