social security – Muhasebe News https://www.muhasebenews.com Muhasebe News Thu, 02 Apr 2020 11:24:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.4 Can we employ Syrian workers as part-time? https://www.muhasebenews.com/en/can-we-employ-syrian-workers-as-part-time/ https://www.muhasebenews.com/en/can-we-employ-syrian-workers-as-part-time/#respond Thu, 02 Apr 2020 11:30:21 +0000 https://www.muhasebenews.com/?p=81371 Can we employ Syrian worker having work permit, as part-time for 15 days?

For foreign persons who have obtained a work permit, social security premiums must be paid in full at the rate declared to the Ministry.

It is necessary to be accepted that the type of employment contracts of foreign employee with social security employed based on the document that is valid with the deadlines specified in the Law and the relevant implementation regulation and the applications made to the specified Institutions, is a fixed term and full-term service contract.

Therefore, when applying for a work permit, a partial employment contract is not issued for a foreigner who has been granted a work permit for a full-time period of 1 year or more, and it is not possible to show a reason for the missing day. Thus, among the reasons of the missing days, the code (6) and the partial employment reason for the foreigners will not be shown and due to this reason, the missing days will not be notified.


Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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Does a foreign person who is married to a Turkish citizen need a residence permit in order to have social security? https://www.muhasebenews.com/en/does-a-foreign-person-who-is-married-to-a-turkish-citizen-need-a-residence-permit-in-order-to-have-social-security/ https://www.muhasebenews.com/en/does-a-foreign-person-who-is-married-to-a-turkish-citizen-need-a-residence-permit-in-order-to-have-social-security/#respond Fri, 07 Feb 2020 12:00:10 +0000 https://www.muhasebenews.com/?p=77148 Does a foreign person who is married to a Turkish citizen need a residence permit in order to have social security?

Can a foreigner who is married to a Turkish citizen appear to be insured in our country without a residence permit?

According to Law No. 5510, it is required that the residence of the foreign person must be in Turkey in order to have social security under 4a insurance. Therefore, the foreign person must have a residence permit first in order to benefit from this service.


Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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Can the person with social security working part-time under Law No. 27103 work in another workplace? (In Turkey) https://www.muhasebenews.com/en/can-the-person-with-social-security-working-part-time-under-law-no-27103-work-in-another-workplace-in-turkey/ https://www.muhasebenews.com/en/can-the-person-with-social-security-working-part-time-under-law-no-27103-work-in-another-workplace-in-turkey/#respond Fri, 07 Feb 2020 09:00:53 +0000 https://www.muhasebenews.com/?p=77144 Can the person with social security working part-time under Law No. 27103 work in another workplace? (In Turkey)

When the person with social security benefiting from the Incentive No. 27103 works part-time in another workplace, will this incentive numbered 27103 continue?

It is required that persons with social security;

– must not have social security under the scope of 5510/4-a, b, c for more than 10 days in three months before the month they are employed,

– must be unemployed and registered to İŞKUR,

– must be employed by private sector employers between 1/1/2018 and 31/12/2020.

Incentives are carried out on the basis of Social Security Institution files. If an incentive is received from a file under 27103, the same person cannot benefit from a second file.


Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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Can foreign employees benefit from incentives of Social Security Institution in Turkey? https://www.muhasebenews.com/en/can-foreign-employees-benefit-from-incentives-of-social-security-institution-in-turkey/ https://www.muhasebenews.com/en/can-foreign-employees-benefit-from-incentives-of-social-security-institution-in-turkey/#respond Wed, 29 Jan 2020 09:00:37 +0000 https://www.muhasebenews.com/?p=76483 Can foreign employees benefit from the incentives of Social Security Institution in Turkey?

Can workplaces employing foreign workers benefit from incentives No. 6111 and 27103?

Foreign workers are also regular 4/a workers after obtaining work permits and can benefit from SSI incentives.


Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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What are the Foreign Pension Transactions? (In Turkey) https://www.muhasebenews.com/en/what-are-the-foreign-pension-transactions-in-turkey/ https://www.muhasebenews.com/en/what-are-the-foreign-pension-transactions-in-turkey/#respond Wed, 13 Nov 2019 08:00:38 +0000 https://www.muhasebenews.com/?p=70681 What are the Foreign Pension Transactions? (In Turkey)

What are the conditions for being entitled to invalidity, old age and survivor’s pensions based on the credited periods completed abroad?

Conditions for being entitled to invalidity, old age and survivor’s pensions based on the credited periods are as follows:

  • Being a returnee, (the statement of returnee represents the termination of employment abroad of the claimant and not receiving any social insurance or social benefit based on residence. The statement of absolute is not used in cases of entering into country and not going abroad any more.)
  • Paying the amount equal to the corresponding minimum period/day enough for being entitled to pension over the realized debt,
  • Being entitled to pension under the applicable provisions of abrogated social security law/laws or the provisions of the Law No. 5510,
  • Making a written application to the Institution.

What am I required to do first in order to be entitled to invalidity, old age and survivor’s pensions based on the credited periods completed abroad?

After completion of the process of foreign service crediting these forms should be completed: Claim for Allocation and Document of Representations Warranties (link) and Document of Representation Warranties for Claimants under Law No. 3201. (link)
Claim for Allocation and Document of Representations Warranties shall be obtained from Social Security Provincial Directorates/Social Security Centres and also from the web page of Social Security Institution:
(http://www.sgk.gov.tr/wps/portal/tr/sigortalılık/form_ve_dilekceler/formlar).

I have completed the Claim for Allocation and Document of Representations Warranties and Document of Representation Warranties for Claimants under Law No. 3201. What am I supposed to do now?
The condition of making the pension applications in person has been cancelled. The necessary documents can either be submitted directly to the relevant Social Security Provincial Directorate/Social Security Centre or can be mailed from either upcountry or abroad, after being duly completed and signed.
Submission of an updated service document is required only for those who apply from abroad.
Service documents issued within one month before the date of application are accepted as up to date.
For the returnees, it is not compulsory for the service document to be up to date.

Is it compulsory to be a Turkish citizen on the date of application or receiving the pension?
It is not compulsory to be a Turkish citizen on the date of application or receiving of the pension according to Law No. 3201 after 08/05/2008.

I have been entitled to a pension based on the crediting of the periods completed abroad. Am I obliged to make any notification before going abroad?
People, who are entitled to invalidity, old age and survivor’s pension based on the crediting of the periods completed abroad and stayed abroad for more than six months, have to submit to the Institution the Survey Document for Pensioners under the Law No. 3201 together with the other documents indicating whether the person is employed abroad and is receiving a social insurance or social benefit based on residence, within three months from the completion of the mentioned six month’s period.

Suspension of the Pension and Succeeding Transactions
If the person fails to submit the Survey Document for Pensioners under the Law No. 3201 within the specified period, his/her pension shall be suspended without any notification until the submission of the said document.

Pensions of those who are entitled to a pension under the Law No. 3201 based on crediting of the periods completed abroad shall be terminated as from the commencement date, in case it is determined that their employment abroad has not ended as of the commencement date of the pension, because of violating the condition of leaving the job abroad for being entitled to a pension.


Source: Social Security Institution (link: http://www.sgk.gov.tr/wps/portal/sgk/en/detail/foreign_pension/foreigm_pension)
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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Social Security System in Turkey https://www.muhasebenews.com/en/social-security-system-in-turkey/ https://www.muhasebenews.com/en/social-security-system-in-turkey/#respond Tue, 12 Nov 2019 13:00:59 +0000 https://www.muhasebenews.com/?p=70637 Social Security System in Turkey 

The social security system in Turkey is predominantly similar to Bismarck model, one of four basic insurance systems which are Continental Model (Bismarck), Liberalistic Model (Beveridge), Northern European Model and Mediterranean Model. Bismarck Model refers to a system where the premiums paid over the wages of employees according to their insurance status are collected in a joint pool and the benefits are provided based on the paid premiums only when old-age pension is entitled. The amount of the benefits to be granted to the insurance holders in cases of retirement, accident and sickness varies by the income they previously had. The main actors in this system are employees, employers and representatives in public sector. This system has more regulatory measures in labor market than liberalistic system, which hinders labor market flexibility. Concordantly, strict rules and collective bargaining mechanisms have come to the fore.

Turkish Social Security System has also some elements of the Mediterranean Model as well as Bismarck Model. The Mediterranean Model is derived from the Continental Model and bears a resemblance to this model in the sense that the paid social insurance premiums provide a basis for future social security benefits. Another aspect of the Mediterranean Model similar to Turkish Model is the wideness of informal economy. For this reason, the system does not cover many people; however social risks are tried to be eliminated through family ties. This model has brought into prominence the concepts of traditional family and agricultural society; thus people are supported by their families without considering whether the state provides benefits or not in case of revenue loss or social risks.

A number of structural changes have been made on Turkish social security system. A transition has been realized from the system which entitles various rights to different professional groups to the system which ensures the unity of standards and norms in terms of retirement insurance.
Having the aim to ensure the sustainability of the system, these structural changes have not led to deviation from the Mediterranean Model-Continental Model.

(Table: Social Security System in Turkey)

Financing of Social Security

Social security is generally financed through premiums or contributions collected from workers, employers and state around the world.
There are two ways to follow in financing social security system:

  1. Capitalization or saving method (fund management)
  2. Pay as you go (allocation) method

The pay-as-you-go method is used for financing social security system in Turkey. Under Turkish social security system, premiums are collected for long and short term insurance; unemployment insurance and universal health insurance. In order to lessen the effects of early retirement on national economy, social security premium is collected from pensioners who continue to work after retirement.

Individuals to Pay Premiums

Individuals to pay premiums vary according to the status of insurance holders:

The long and short-term insurance, universal health insurance and unemployment insurance premiums of the individuals working on service contract (workers) shall be paid to the Social Security Institution by their employers by deducting the amount equal to the rate of premium collected over total earnings from workers’ wages and adding the amount of premium to be paid by the employers.

The long and short-term insurance and universal health insurance premiums of the individuals working on own names and accounts (employers) shall be paid to the Social Security Institution by themselves.

The long-term insurance and universal health insurance premiums of civil servants shall be paid to the Social Security Institution by the Public Institution where they work by deducting the amount equal to the rate of premium collected over total earnings from civil servant’s salary and adding the amount of premium to be paid by the institution.

The long-term insurance and universal health insurance premiums of optional insurance holders shall be paid to the Social Security Institution by themselves.


Source: Social Security Institution (link: http://www.sgk.gov.tr/wps/portal/sgk/en/detail/social_security_system)
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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What is the Importance of International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families? https://www.muhasebenews.com/en/what-is-the-importance-of-international-convention-on-the-protection-of-the-rights-of-all-migrant-workers-and-members-of-their-families/ https://www.muhasebenews.com/en/what-is-the-importance-of-international-convention-on-the-protection-of-the-rights-of-all-migrant-workers-and-members-of-their-families/#respond Thu, 22 Mar 2018 15:00:20 +0000 https://www.muhasebenews.com/?p=16437 1- WHEN DID INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES COME INTO FORCE?
The Convention came into force in 2003 and was signed by Turkey in 2007.

2- WHAT IS THE PURPOSE AND THE SCOPE OF THE CONVENTION?
In this convention;
2.1- All regular or irregular migrant workers and their families have the right of protection.
2.2- The right of protection granted to all migrants covers every stage of immigration process.
2.3- With this convention, management of the immigration is dealt with fairly and humanely.
2.4- Differently from other international conventions, in the enactment of related provisions on social security in international convention on the protection of the rights of all migrant workers and members of their families, reciprocity principle is not required. Thus, international convention on the protection of the rights of all migrant workers and members of their families is applied to migrants from countries who haven’t signed this convention.
2.5- It is clearly stated in the convention that migrants should be treated equally with that country’s citizens in the fields of security, health and other working conditions and the right of emergency medical care.

***Contracting parties assume that they take the necessary measures to enforce provisions of this convention and provide to pay compensation to migrant workers whose rights are violated.

Source: Ministry of Labor and Social Security

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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What are the Work Permit Exemptions in Turkey? https://www.muhasebenews.com/en/what-are-the-work-permit-exemptions-in-turkey/ https://www.muhasebenews.com/en/what-are-the-work-permit-exemptions-in-turkey/#respond Fri, 28 Jul 2017 15:16:54 +0000 https://www.muhasebenews.com/?p=19911 1- WHAT ARE THE WORK PERMIT EXEMPTIONS?
Conditions that allow foreigners to be exempt from work permit are stated in article 55 titled “Exemptions” of governing regulations of the Law on Work Permits of Foreigners No. 4817. These conditions are listed below;

On condition that provisions stated in special laws are reserved and both foreigner and employer meet their legal obligations; persons stated below do not have to get work permit.

1.1- Persons being exempt from work permit with bilateral and multilateral agreements to which Turkey is a party
1.2- Foreigners who reside abroad but come to Turkey for less than one month on the purpose of scientific, cultural and artistic activities and for less than 4 months on the purpose of sportive activities
1.3- Persons who come to Turkey on the purpose of installation, maintenance and repair of imported equipment, giving information about usage of them or purchasing or taking equipment or repair of equipment broken down in Turkey (In-country period cannot be longer than 3 months within one year after the arrival to Turkey and aforesaid person should prove this situation with documents submitted by him/her.)
1.4- Persons who come to Turkey on the purpose of training related to usage of goods and services imported to Turkey or exported from Turkey (In-country period cannot be longer than 3 months within one year after the arrival to Turkey and aforesaid person should prove this situation with documents submitted by him/her.)
1.5- Persons who come to Turkey as a staff in expositions, circus that have an activity or a show outside certified tourism establishments (In-country period cannot be longer than 6 months within one year after the arrival to Turkey and aforesaid person should prove this situation with documents submitted by him/her.)
1.6- Persons who come to Turkey on the purpose of developing his/her knowledge and experience in universities or state institutions and organizations on condition that this period does not exceed 2 years and is limited to period of study (he/she should prove this situation with documents submitted by him/her.)
1.7- Persons who are regarded that they can make a great contribution in the field of socio-cultural and technologic areas and field of education (but this period should not exceed 6 months)
1.8- Foreigners who come to Turkey within the scope of programs run by Center for EU Education and Youth Programs (National Agency) (during the program)
1.9- Foreigners who will serve their internships within the scope of and during the period of students for international experience program supported by Ministry, Ministry of Interior, Ministry of Foreign Affairs and Council of Higher Education
1.10- Foreign tour operators whose duty terms do not exceed 6 months
1.11- Foreign player and other sportsmen/sportswomen and trainers whose demands are confirmed by Turkish Football Federation or General Directorate of Youth and Sports (during their agreements)
1.12- According to bilateral agreements made with governments in accordance with article I/10 of International Convention on Training, Certification and Shift Standards of Shipmen, foreign shipmen who work in ships being out of cabotage area and registered in Turkish International Ship Registry Office and receive “Certificate of Conformity” from the relevant authority
1.13- Foreign experts tasked with projects made within the scope of Turkey – European Union Financial Cooperation

2- HOW SHOULD A FOREINGER GET THE PERMISSON IF HE/SHE IS EXEMPT FROM WORK PERMIT?
If task duration of foreign architects, engineers and urbanists who are within the scope of Vocational Services and subject to exemption provisions exceed 1 month, they are supposed to get work permit from Ministry of Labor and Social Security by proving professional competence and scholastic aptitude and be a member of relevant professional organizations and comply with practices of national institutions and organizations.

3- HOW LONG IS THE VALIDITY PERIOD OF WORK PERMIT EXEMPTIONS?
Validity periods cannot be extended. Moreover, foreigners can take advantage of work permit exemption once in a year. However, a foreigner can take advantage of this right after 3 months of expiration date of work permit which has already been received for the same purposes. If a foreigner requires working more than exemption period, he/she has to get permission from the Ministry.

Foreigners can take advantage of right for multiple entries as long as their in-country periods do not exceed 3 months within 1 year after their arrival to Turkey. Foreigners have to apply to residence permit by notifying Migration Management (where they will perform their duties) about their arrival purposes, their in-country periods and their accommodations within 30 days and in any case as of the date of their arrival before they perform their duties.

***It is required to meet social security liabilities related to foreigners taking advantage of work permit exemptions.

Source: Ministry of Labor and Social Security

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

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Labor Force Statistics in Turkey, February 2017 https://www.muhasebenews.com/en/labor-force-statistics-in-turkey-february-2017/ https://www.muhasebenews.com/en/labor-force-statistics-in-turkey-february-2017/#respond Wed, 31 May 2017 07:00:51 +0000 https://www.muhasebenews.com/?p=16813 Unemployment rate realized as 12.6%
The number of unemployed persons aged 15 years old and over increased by 676 thousand to 3 million 900 thousand persons in the period of February 2017 in Turkey compared with the same period of the previous year. The unemployment rate was 12.6% with 1.7 percentage point increase. In the same period, non-agricultural unemployment rate was 14.8% with 2.1 percentage point increase. While youth unemployment rate including persons aged 15-24 was 23.3% with 4.7 percentage point increase, the unemployment rate for persons aged 15-64 occurred as 12.9% with 1.8 percentage point increase.

Employment rate realized as 45.3%
The number of employed persons rose by 500 thousand to 26 million 956 thousand persons in the period of February 2017 compared with the same period of the previous year. The employment rate occurred unchanged as 45.3%.

The number of agricultural employment increased by 160 thousand persons and the number of non-agricultural employment increased by 340 thousand persons in this period. According to the distribution of employment by sector; 18.7% was employed in agriculture, 19.5% was in industry, 6.7% was in construction and 55.2% was in services. Employment in agriculture increased by 0.3 percentage point,   services increased by 0.2 percentage point while industry decreased by 0.4 percentage point and construction realized without any change.

Labor force participation rate realized as 51.8%
The number of persons in the labor force amounted 30 million 855 thousand persons with 1 million 175 thousand persons increase in the period of February 2017 compared with the same period of the previous year. Labor force participation rate (LFPR) was 51.8% with 1 percentage point increase. LFPR for male was 71.7% with 0.8 percentage point increase and the rate for female was 32.3% with 1.2 percentage point increase compared with the same period of the previous year.

Non-seasonally adjusted main labor force indicators, February 2016, February 2017

The rate of unregistered employment realized as 32.8%
The ratio of persons working without any social security relating to the main job occurred 32.8% with 0.7 percentage point increase in the period of February 2017 compared with the same period of the previous year.

Public sector employment decreased as 1.2%
According to data gathered by The Ministry of Finance, total public sector employment realized as 3 million 558 thousand persons with 1.2% percentage point decrease in the first quarter of 2017 compared to the same period of the previous year.

Seasonally adjusted employed increased and unemployed decreased
Seasonally adjusted employed persons increased by 143 thousand persons and occurred 27 million 699 thousand persons compared with the previous period. Seasonally adjusted employment rate occurred 46.5% with 0.2 percentage point increase.

The number of seasonally adjusted unemployed persons decreased by 15 thousand to 3 million 674 thousand persons in the period of February 2017 compared with the previous period. The unemployment rate was 11.7% with 0.1 percentage point decrease.

Seasonally adjusted labor force participation rate was 52.7% with 0.2 percentage point increase compared with the previous period. According to the number of employment by sector, employment in agriculture increased by 22 thousand persons, construction increased by 61 thousand persons, services construction increased by 83 thousand persons while industry decreased by 23 thousand persons.

Seasonally adjusted main labor force indicators, February 2016 – February 2017


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