Obligation to Submit a Declaration for the Employees in Turkey

March 14, 2023by Bünyamin Esen0

According to the Turkish Social Insurance System, one of the main obligations of employers is the obligation to submit an insured employment statement regarding the people they employ.

For those deemed to be insured within the scope of subparagraph (a) of the first paragraph of the Article 4 of the Social Security and General Health Insurance Code No. 5510, the insured employment statement must be submitted via e-Insurance online programme at least one day before starting work. It is the employer who is obliged to submit the insured employment declaration. It is obligatory to send the declaration to the Social Security Institution via the online system of the SSI.

Exceptional cases for submission of insured employment statement

As a general rule, the insured employment statement must be submitted one day prior the insured starts to work at the workplace at the latest. However, in some cases and in some defined workplaces, the deadline for submitting the insured employment statement changes. These cases are as follows:

• For the insured to be employed in construction, fishing and agricultural workplaces with a service contract, the insured employment statement must be given on the day of employment at the latest.

• The insured employment statement must be submitted within one month from the date of employment of the insured persons employed during the voyage to the transportation vehicles making voyages to foreign countries.

• In workplaces that submit a workplace notification to the Social Security Institution for the first time, for those who will be hired within one month from the date of establishment of the workplace, the insured employment statement must be submitted within one month from the registration date of the workplace at the latest.

• For contracted personnel to be employed by public administrations and not subject to the unemployment insurance according to the Unemployment Insurance Code No. 4447, and for those hired by public administrations to work abroad, the relevant administration must submit a declaration of employment within one month from the date they commence the work.

• The insured person who has been registered with the Social Security Institution with the insured employment declaration regarding his/her employment at the first workplace, starts to work in another workplace of the same employer registered in the same or in another unit of the SSI, without ending the service contract/ employment contract, or the workplace is in the duty zone of another unit in the same province the declaration can be given outside the legal period and no administrative fine will be applied.

• For insured persons who will work in public administrations subject to the visa of the Ministry of Finance and Treasure, the insured employment statement must be submitted by the end of the second business day following the day when the letter regarding the visa process is delivered to the relevant public administration.

• In accordance with the Privatization Code No. 4046, for the contracted or out-of-scope personnel transferred from privatized workplaces to other public institutions and organizations, the employment notification must be given by the end of the second business day following the date they start working in the relevant administration to which they are transferred.

• For foreign national employees, the insured employment declaration must be given within 45 days from the start date of the validity stated on the physical work permit document. In case of a difference between the date of notification of the work permit to the employer and the validity date of the work permit, the insured employment statement must be submitted within 45 days from the notification date of the work permit to the employer. And finally, the insured employment declaration must be submitted within 30 days in any cases as to be valid from the date of April 11, 2014.

Bünyamin Esen

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