The Definition of Workplace and Notification in the Turkish Social Security Law

March 28, 2023by Bünyamin Esen0

Workplace is the places where the insured do their work together with its material and non-material elements. Places connected to the workplace, which are affiliated with the goods produced or services provided in the workplace and which are organized under the same management and organisation, and the other relevant attachments allocated for doings such as resting, breastfeeding, dining, sleeping, cleaning, examination and care, physical or vocational training places, courtyards and offices, and vehicles are included within the scope of the workplace in accordance with the Turkish Social Security Law.

According to the Turkish social security law, it is obligatory to register workplaces and notify them to the Social Security Institution (SSI). In cases where companies merge, change their types or join another company, and in case of hiring new partners in ordinary companies, an additional workplace notification is required legally.

Pursuant to the regulation in the third paragraph of the Article 11 of the Social Insurance and General Health Insurance Code No. 5510, employers are obliged to submit the workplace declaration, a copy of which will be prepared by the Social Security Institution (SSI), to the institution at the latest on the date the insurance holder starts to employ.

In this respect, the employer who employs insurance holders 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 an insured workplace or transfers the workplace with such qualifications, is obliged to submit the relevant declaration within the periods specified in the Article 11 of the Law. It is obligatory to send the workplace declaration in electronic environment.

As a special provision, “Turkish emplloyees working with Turkish employers doing business in Libya and Libyan workers working with Libyan employers doing business in Turkey are considered permanent workers. For the insurance holders within the scope in question, the workplace number will be registered by giving the appropriate business line code and hazard class to the unit to which the business centers are affiliated, and the 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 submitted with the workplace declaration:

In the registration of workplaces employing insurance holders 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 the annexed documents are requested by the unit if needed, except for those that can be obtained in the electronic environment. However, in the registration of workplaces employing within the scope of subparagraph (a) of the first paragraph of Article 4 of the Law the following documents must be added to the declaration:

a) A copy of the contract made with the main employer by the sub-employers hiring from the employer, before their obligations arising from the Law begin.

b) For ordinary partnerships; notarized partnership agreement.

c) In works subject to tender; the contract of the work or the letter of the administration showing that the work has been undertaken.

d) In construction workplaces; the construction contract between the land owner and the contractor, if any,

This has to be underlined that, it is possible to send the documents required to be submitted according to the Article 29 of the Social Security Transactions Regulation and, if needed, other documents requested by the unit to the Institution where the workplace declaration is sent, by mail or by hand.

Bünyamin Esen

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