The concept of “employer’s representative” constitutes utmost importance within the scope of Turkish Social Insurance Law.
The concept is being defined in the Social Insurance and General Healthcare Insurance Act No. 5510. In this regard, the person who performs the task of managing the entirty of the work or the service on behalf and on behalf of the employer is defined as the ’employer’s representative’ in line with the Act No. 5510.
According to the Turkish Social Insurance Law, in order to be considered an employer’s representative, the elements of managing the entire work or service and acting on behalf of the employer must be combined.
In this case, since it is necessary to manage the entire business, the general manager of a factory may be considered as the employer’s representative if the necessary assignment is made in practice, whereas if the same factory has marketing, human resources and production units and each unit has a manager, the unit managers in question will not be considered the employer’s representative.
As a contrast, all the persons managing the work (without requirement for managing the entirity of the work) are being considered as ’employer’s representative’.
The employer’s representative will be jointly and severally liable with the employer for its obligations specified in the Act No. 5510. In this regard, the employer’s representative will be deemed to be jointly and severally, financially and legally responsible with the employer for the obligations of submitting documents, making declarations and paying premiums for which the employer is held responsible, as specified in the Act No. 5510. In addition, the employer’s representative shall be held responsible for the unpaid premium debts and related debts to the Social Security Institution, just like the employer.
