Workplace
These 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 are organized under the same management and are organized under the same management, other attachments such as resting, breastfeeding, dining, sleeping, washing, examination and care, physical or vocational training places, courtyards and offices, and vehicles are removed from the workplace. is counted.
Employer
According to subparagraphs (a) and (c) of the first paragraph of Article 4 of the Law No. 5510, real or legal persons and institutions and organizations without legal personality that employ individuals deemed to be insured are employers.
According to this definition of Law 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, the fact that the employer is a real or legal person or not having a legal personality will not affect the title of employer.
Employer representative
The person who performs the management task of the whole work or the service rendered on behalf and on behalf of the employer is defined as the employer’s representative.
In order to be considered as an employer’s representative, the elements of managing the entire job or service and acting on behalf of the employer must be combined. In this case, since the condition of managing the whole business is necessary, the general manager of a factory can be considered as the employer’s representative if the necessary assignment is made in practice, while if the same factory has marketing, human resources, production units and there is a manager of each unit, the said unit managers will not be considered as the employer’s representative.
The employer’s representative will be jointly and severally liable with the employer for his obligations specified in the Law. In this respect, the employer’s representative will be jointly and severally financially and legally responsible with the employer for the obligations of submitting the documents, declarations, and payment of premiums specified in the Law and for which the employer is responsible. Again, the employer’s representative will be responsible for the unpaid premium debt and the debts related to it, just like the employer.
Subcontractor
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 annexes of a job and employs the insured persons assigned for this job. Even if the insurance holders have been employed through a third person and have made a contract with them, they will be responsible together with the subcontractor for the obligations imposed by this Law on the employer.
Pursuant to the said provision, in order to talk about the principal employer-subcontractor relationship;
– 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 subcontractor’s employment in a part of the main job, attachments or auxiliary works of the main employer,
It will be checked whether the conditions are fulfilled at the same time.
Submitting the Workplace Declaration
Pursuant to the regulation in the third paragraph of Article 11 of the Law No. 5510, employers are obliged to submit the workplace declaration, a copy of which will be prepared by the Institution, to the Institution at the latest on the date the insurance holder starts to employ.
In this respect, the employer who employs insurance holders within the scope of subparagraph (a) of the first paragraph of Article 4 of the Law, 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 Article 11 of the Law. It is obligatory to send the workplace declaration in -6 to the Institution in electronic environment.
“Turkish workers working with Turkish employers doing business in Libya and Libyan workers working with Libyan employers doing business in Turkey are considered permanent workers. For the insurance holders within the scope in question, the workplace file will be registered by giving the appropriate business line code and hazard class to the unit to which the business centers are affiliated, and the social insurance obligations will be fulfilled from this file.
