Law No. 5510
Workplace, notification, transfer, transfer and transportation of workplace
ARTICLE 11- Workplace is the place where the insured perform their work together with the material and non-material elements.
Places connected to the workplace that are related in terms of quality with the goods produced or services provided in the workplace and organized under the same management, resting, child feeding, eating, sleeping, washing, examination and care, physical or vocational training places, other annexes such as courtyards and offices and vehicles are also considered as workplaces.
The employer is obliged to submit the workplace notification, a copy of which will be prepared by the Institution, to the Institution at the latest on the date the insured person starts to work. (Amended second sentence: 15/2/2018-7099/18 art.)
If the company establishment is notified to the trade registry offices, this notification made is deemed to have been made to the Institution and no additional workplace notification is prepared by the relevant parties. Trade registry offices must notify the Institution of this notification made to them within ten days at the latest.
In case of change of type of companies subject to the provisions of Turkish Commercial Code No. 6762 dated 29/6/1956, merger or joining another company, the date of announcement regarding the registration of these issues in the trade registry; in case of new partners being accepted to the company in ordinary companies, it must be notified to the Institution with a workplace notification within ten days following the date of the new partner being accepted.
In case of transfer of the workplace from the address where it operates to an address in another province, transfer or transfer of a job or workplace where an insured person is employed to another employer, the heirs are obliged to submit the workplace notification to the Institution within ten days following the date of transfer of the workplace, the new employer taking over the job or workplace, and in case of transfer of the workplace by inheritance, the heirs are obliged to submit the workplace notification within three months from the date of death at the latest. If the workplace is transferred to another address within the boundaries of the same province and falls within the scope of duty of another unit of the Institution, it is sufficient to notify the change of address in writing. The insurance rights and obligations of the insured working in these jobs continue.
Governorships, municipalities and other public and private legal entities authorized to issue licenses are obliged to notify the Institution of the information and documents regarding the construction permit and all other licenses or transactions that have the nature of a license, and if any, information regarding the employment that forms the basis for issuing these permits, within one month from the date of issuance. (Additional sentence: 15/2/2018-7099/18 art.) The Institution determines which of these notifications will replace the notification of the workplace, and no additional workplace notification is issued for those determined.
Administrative fines are imposed on those who fail to fulfill the obligations specified in this article in accordance with subparagraph (b) of the first paragraph of Article 102. The imposition of an administrative fine does not prevent the fulfillment of these obligations.
The subcontractor shall report the insured employees employed by the main employer at the workplace, provided that the contract between the employer and the employer is presented, using a special number obtained from the Institution, from the file registered with the main employer.
Failure to submit or late submission of the workplace notification shall not eliminate the rights and obligations specified in this Law. The form and content of the workplace notification and the procedures and principles regarding the implementation of this article shall be regulated by the regulation to be issued by the Institution.
Source: Law No. 5510
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