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 which 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 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 natural or legal person or lacks a legal personality will not affect the title of employer.
Employer representative
The person who manages the work or the entire service performed 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 it is necessary to manage the entire work, 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 employer’s representatives.
The employer’s representative will be jointly and severally liable with the employer for his obligations set forth 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 documents, declarations and paying 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.
In Article 29 of the Social Insurance Transactions Regulation, titled “Other documents to be submitted with the workplace declaration”,
(1) In the registration of workplaces that employ insurance holders within the scope of subparagraphs (a) and (c) of the first paragraph of Article 4 of the Law, the workplace declaration is sufficient and additional documents are requested by the unit, if needed, except for those that can be obtained in the electronic environment. However, in the registration of insured workplaces within the scope of subparagraph (a) of the first paragraph of Article 4 of the Law;
a) A copy of the contract made with the main employer by the sub-employers hiring from the employer, before their obligations arising from the Law begin,
b) By ordinary partnerships; notarized partnership agreement,
c) In works subject to tender; the contract of the work or the letter of the administration showing that the work has been undertaken,
ç) In construction workplaces; the construction contract between the land owner and the contractor, if any,
It must be sent by hand, by post or as determined by the Institution.”
The clause is included.
In this respect, it is possible to send the documents required to be submitted according to Article 29 of the Social Security Transactions Regulation and, if needed, other documents requested by the unit to the Institution unit where the workplace declaration is sent, by mail or by hand, and the said documents can be added electronically via the system.
In case the documents are scanned and recorded in the system in the electronic environment in the workplace registration transactions carried out through the e-Government “Workplace Declaration (For 4-a Insured Employees)” menu, there is no need to send the said documents to the Institution separately.
However, documents that are not added to the system by the employer during the workplace registration process must be submitted to the relevant social security center by hand or sent by mail.
Until the workplace declarations sent via e-Government are approved by the relevant social security center/provincial directorate of social security, it will be possible for employers to make changes on the documents registered in the system. However, after the workplace declaration is approved by the relevant social security center, the documents recorded in the system can only be viewed; Employers will not be able to make any changes to these documents.
A maximum of 10 documents can be added to the system in PDF or JPEG format; each document can be up to 10 MB in size.
In addition, the documents required to be submitted due to the workplace registration change transactions carried out through the “Workplace Declaration (For 4-a Insured Employees)” menu via e-Government will also be able to be added electronically through the system.
After the workplace declaration is sent to the Institution, the printout of the workplace declaration sent to the Institution will not be among the documents to be submitted to the Institution; Employers will not be asked to print out the workplace declaration.
Various information is transferred to our Institution in electronic media by Institutions and this information can be viewed electronically by our Institution units, and information that is not privately transferred to our Institution (such as the Trade Registry Gazette in which legal persons are registered) can be queried through the applications of the relevant Institution. Accordingly, no documents/information will be requested for documents and information that can be accessed electronically by our Institution units.”
