The social security of lawyers working under an employer in Turkey varies depending on whether the lawyer works in the public sector or the private sector.
Lawyers working under the Civil Servants Code No. 657, if they started to work in the state before the 2008 Social Security Reform, are subject to the Law No. 5434 on the Pension Fund of the Republic of Turkey. Lawyers who started to work subject to the Civil Servants Code No. 657 after the date of 1st of October, 2008 are considered insured within the scope of the Article 4-1/c of the Social Insurance and General Health Insurance Code No. 5510.
In terms of social security, lawyers are subject to the same provisions as other public employees. The issuance of insurance and premium documents and the payment of premiums are the responsibility of the own public institutions which are employing them.
When evaluated in terms of lawyers working in the private sector, lawyers working in any business, workplace, employer or under another lawyer with a service contract are deemed to be insured under the 4/1-(a) Status of the Code No. 5510.
In practice, these employees, who are often referred to as payrolled lawyers, should not be taxpayers and have no registered law firms on their behalf. As with other employees, it is the employers’ responsibility to provide insurance notifications, premium documents, and pay premiums for such lawyers.
It should be noted that even if he/she works in the public sector, the social security of non-permanent lawyers who are not subjected to the Civil Servants Code No. 657 will be deemed to be insured within the scope of subparagraph the 4/1-(a) of the Code No. 5510.
It is possible for lawyers to continue to work after retirement, subject to the social security support premium system. Lawyers who were working by paying social security support premium as of 1st of October, 2008, when Law No. 5510 came into effect, and lawyers who were granted old-age pension in accordance with the Social Security Law No. 506 before that date, and lawyers who have been or will be granted disability or retirement pension from the Retirement Fund can continue their economic activities as self-employed lawyers by paying the “Social Security Support Premium”.
