How to transfer employees to a workplace registered at the same or another Social Security Institution (SSI) centre of the same employer before the end of their service contract is an issue of interest for several employers in the practice.
If the insured person, whose declaration of employment in the first workplace has been submitted to the SSI and registered within the legal period, starts to work in another workplace registered in the same or different unit of the SSI which belongs to the same employer before the end of the service contract, the notifications made to the SSI outside the legal period are deemed to have been made in due time.
This issue, explained in the SSI Circular No. 2019/9, is subject to the conditions that the insured is sent to another workplace which belongs to the same employer and the service contract has not expired/ended. Likewise, the workplace sending the worker and the workplace receiving the worker must belong to the same employer. In this way, in determining whether the same employer has started working in another workplace of the “same employer”, the Turkish Republic identification number is checked if the employer is a real person, and the tax number is checked if the employer is a legal entity.
The determination of whether the service contract of the insured has ended will be made from the service records of the SSI, and if the insured starts working at the workplace to which he/she was transferred without a break after the workplace he/she left, no administrative fine will be imposed due to the submission of both the resignation declaration and the employment declaration outside the legal period.
To give an example, let’s assume that a worker is sent from the workplace titled A to the workplace titled B (to the workplace of the same employer) to work on the date of March 31, 2024.
A notice of end-of-employment must be made to the SSI, online, via SSI’s e-Insurance system, from the employee’s previous workplace as of the date of March 31, 2024. The SSI workplace registry number of the new workplace where the worker goes will also be written in this notice. The employee’s reason for leaving the job will be reported with the code “16- Transfer”.
Likewise, the employment declaration dated April 1, 2024, from the worker’s new workplace, will be given online through SSI’s e-Insurance system. During the submission of the employment declaration, the phrase “exceptional situation” will be marked and the workplace registry number of the previous workplace to which the worker is transferred will be written. Thus, employment notification will be given from the new workplace.
