Social Security Institution is the governing authority in the social insurance affairs in Turkey. Employers have various obligations to the Institution. Within the scope of the Turkish Social Security system, one of the basic obligations of employers is to submit a workplace declaration to the Social Security Institution for the workplaces they open. All the obligations regarding the employees will be carried out via the file to be opened by the Institution upon this workplace declaration.
Pursuant to the regulation in the third paragraph of the Article 11 of the Social Insurance and General Healthcare Insurance Act No. 5510, employers are obliged to submit the workplace declaration, a form copy that is prepared by the Social Security Institution, to the Institution at the latest on the date they start employing insured people.
In this regard, the employer who employs insured people in the workplace within the scope of the subparagraph (a) of the first paragraph of the Article 4 of the Act No. 5510, takes over a workplace where insured employees are employed, or has a workplace of this nature transferred to him/her, is obliged to submit the form copy within the periods specified in the Article 11 of the Act and in pursuant to the Social Insurance Procedures Regulation. It is obligatory to send the workplace declaration to the Institution electronically.
As a specific case, Turkish workers working for Turkish employers doing business in Libya and Libyan workers working for Libyan employers doing business in Turkey are considered permanent workers. For the insured within this scope, the workplace file will be registered to the unit to which the business centers are affiliated, by giving the business line code and hazard class appropriate to the work to be done, and social insurance obligations will be fulfilled from this file.
Documents to be Submitted with the Workplace Declaration
In the Article 29 of the Social Insurance Transactions Regulation titled “Other documents to be submitted with the workplace declaration”, the following documents are enlisted to be posted or sent by hand to the Institution while submitting a workplace declaration:
- In the registration of workplaces employing insured employees within the scope of subparagraphs (a) and (c) of the first paragraph of the Article 4 of the Act No. 5510, the workplace declaration is sufficient and additional documents are requested by the unit in case of need, except for those that can be obtained electronically. However, in the registration of workplaces employing insured employees within the scope of the subparagraph (a) of the first paragraph of the Article 4 of the Act No. 5510 the following document are requested:
- A copy of the contract made by subcontractors who receive work from the main employer, the contract made with the main employer is required to be submitted prior their obligations arising from the Law begin,
- For ordinary partnerships; notarized partnership agreement,
- In the works subject to tender; the contract of the work or the letter of the administration indicating that the work has been undertaken,
- In construction workplaces; the construction contract between the land owner and the contractor, if any, and the construction licences.
In this regard, it is possible to send the documents that must be submitted in accordance with the Article 29 of the Social Insurance Transactions Regulation and other documents requested by the unit, if necessary, to the Social Security Institution unit where the workplace declaration is sent by mail or submit them by hand, and the documents in question can also be added electronically through the system.
In case of workplace registration transactions carried out through the “Workplace Declaration (For 4-a-Insured Employees)” menu via e-Government System, if the documents are scanned electronically and recorded in the system, there is no need to send the documents in question to the Institution.
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 to be sent by mail.
It will be possible for employers to make changes to the documents recorded in the system until the workplace declarations sent via e-Government are approved by the relevant social security centre/ provincial directorate of social security. However, after the workplace declaration is approved by the relevant social security center, the documents saved in the system can only be viewed; no amendments can be made to these documents by employers.
A maximum of ten documents that can be saved to the online e-declaration system in PDF or JPEG formats; each document can be a maximum of 10 MB in size.
In addition, the documents required to be submitted due to workplace registration changes in accordance with the type of the declaration. In the “Workplace Declaration (for 4-A Insured Employees)” menu on e-Government all the documents can be added electronically.
After the workplace declaration is sent to the Social Security Institution, the printout of the workplace declaration is not required to be sent to the Institution. Thus, employers will not be required to print out the workplace declaration.
Various information is transferred to Social Security Institution electronically by various public institutions and these information can be viewed electronically by the Institution units, and information that is not specifically transferred to our Institution (such as the Trade Registry Gazette where legal entities and legal entities are registered) can be queried through the relevant Institution applications. In this regard, no documents/information are being requested for documents and information that can be accessed electronically by the Social Security Institution.
