Social Security of Employees with a Service Agreement in the Agricultural Sector

September 12, 2022by Bünyamin Esen0

The social insurance of agricultural employees in Turkey who are working with an employment contract and who are permanent employees in agricultural activities continues as before the 2008 Social Security Reform and their insurance is considered within the scope of service contract social insurance status. Their notifications must be made by their employers and their premiums must be calculated by their employers and reported to the Social Security Institution.

On the other hand, the situation of non-permanent workers with a service contract in agriculture is different in Turkey.

As of the effective date of Law No. 5510, these insured persons were also included in the scope of general health insurance by paying 12.5% ​​general health insurance premium. After the effective date of Law No. 5510, in other words as of 1st of October 2008, registration within the scope of this insurance is not accepted. To put it more clearly, only the existing ones kept to be insured within this status, and after the effective date of the Law, those working in this scope will only be considered as insured by paying optional insurance premiums.

On the other hand, with the amendment made with the Law No. 6111 in 2011, it was once again possible to be insured for those who work in agriculture within the scope of service contract. If these employees can document that they have worked in such activities as of March 1, 2011, it is envisaged that they will be paid 18 times the minimum daily wage for each month–as to be increased by one point each year in 2011, and they will earn daily service every month.

In this context, those who want to be insured are required to have the “Declaration of Employment of Intermittent Employees with a Service Agreement in Agricultural Affairs” approved by the mukhtar office where they reside and the agricultural directorates in the province or district where they reside or work, and apply to the social security provincial directorates/centres.

Those who want to be insured from forest villagers according to this provision should apply to the social security provincial directorates/social security centers they are affiliated with after having the “Entry Declaration of Intermittent Employees with Service Contract in Forestry” approved by the provincial directorates of environment and forestry or forest regional directorates or development cooperatives in which they reside.

In this context, those who want to be insured should apply to the chamber of agriculture where they are located, or to the provincial directorate of social security or social security centers if the document to be obtained by the provincial/district directorates of agriculture is not available.

For the second half of the calendar year of 2022, the monthly premium amount to be paid by these Annex-5 insured is calculated over 29 times the daily earning amount declared by the insured, provided that the daily earning subject to premium is between the lower and upper limit, as is the case with agricultural insurance holders within the scope of 4/1-b. The number of days on which the premium earnings will be calculated will be increased by one point each year and will be fixed when it reaches 30 days in 2023.

The monthly premium amount to be paid for the year 2022 is 34.5% of the 29 times the daily earning subject to the premium declared by the insured. Accordingly, for the year 2022, the monthly premium amount to be paid by an insured who declares earnings subject to premium over the minimum wage is: 6,471 TL × 34.5% × 29 ÷ 30= TRL 2,158.07, while the payment of an insured person who declares over the upper limit of earnings subject to premium monthly premium amount is TRL 16,185,59.

With the new regulation that came into effect as of 2022, Annex-5 insured holders can continue to pay their premiums on a monthly basis as before, as well as delaying the premiums for the January-June period of the year they belong to until the end of July, and the premiums for the July-December period until the end of January of the following year. If the insured prefers to pay in this way, no delay hike is being applied to the premiums.

Bünyamin Esen

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