Insured notification and registration
ARTICLE 8- (Amended first paragraph: 17/4/2008-5754/6 Art.) Employers are obliged to notify to the Institution the persons who are considered insured within the scope of subparagraph (a) of the first paragraph of Article 4, before the insurance start date specified in subparagraph (a) of the first paragraph of Article 7, with an insured employment declaration. However, the employer is obliged to submit an insured employment declaration
a) For insured persons to be employed in construction, fishing and agricultural workplaces, at the latest on the day they start working,
b) In the workplaces where workplace notifications will be made to the Institution for the first time and in the workplaces where workplace notifications will be made to the Institution for the first time; for the insured who started to work within one month from the date of starting to employ insured for the first time, from the date they started to work until the expiration of the said one-month period at the latest,
c) Contracted personnel employed by public administrations who are not subject to unemployment insurance according to the Unemployment Insurance Law No. 4447 and those hired by public administrations to work abroad shall be deemed to have been notified before the start of insurance if they are submitted to the Institution within one month from the date they start working.
Insured persons shall notify the Institution of their commencement of insured employment within one month at the latest from the date of commencement of their employment. However, failure of the insured to notify himself/herself shall not constitute evidence against the insured.
(Amended third paragraph: 17/4/2008-5754/6 Art. (Amended third paragraph: 17/4/2008-5754/6 Article) For village and neighborhood mukhtars, from the date they receive their election certificates from the relevant election board for those who are considered insured within the scope of other subparagraphs, except for those in subparagraph (4) of subparagraph (b) of the first paragraph of Article 4, For the insured whose insurance started from the date their tax liability started, from the date when the taxpayer’s employment procedures were finalized by the relevant tax office, not exceeding two months from the date of establishment of the tax liability transaction, and for others from the start of insurance specified in subparagraph (b) of the first paragraph of Article 7; For those who are considered insured within the scope of subparagraph (4), the relevant institutions, organizations and unions, tax offices and Tradesmen and Craftsmen Registry Directorate are obliged to issue an insured employment declaration and submit it to the Institution from the date of registration with the professional organizations established by law.
Notifications of those listed in subparagraphs (1), (2) and (3) of subparagraph (b) of the first paragraph of Article 4 are made within 15 days at the latest, and those listed in subparagraph (4) are made within one month at the latest. In addition, those listed in subparagraph (4) of subparagraph (b) of the first paragraph of Article 4 may also make insurance notifications by themselves. Those specified in the third paragraph of Article 4 must be notified to the Institution by the registering organization within one month at the latest from the date they start working. The Institution shall notify the registered persons of the commencement of their insurance rights and obligations within one month following such notifications.21
(Repealed fourth paragraph: 17/4/2008-5754/6 Art.)
(Amended fifth paragraph: 17/4/2008-5754/6 Art.) Employers who will employ persons who are considered insured within the scope of subparagraph (c) of the first paragraph of Article 4 are obliged to notify the Institution with an insured employment declaration within fifteen days from the beginning of the insurance stated in subparagraph (c) of the first paragraph of Article 7. No notification shall be made for transfers and assignments between different units of the same public administration.
(Repealed sixth paragraph: 17/4/2008-5754/6 Art.)
Public administrations and banks are obliged to use the electronic infrastructure to be provided by the Institution to check whether the persons with whom they carry out transactions are registered in terms of insurance in the transactions to be determined by the Institution and to notify the Institution of the persons found to be uninsured.
Except for the second and fifth paragraphs of this article, those who fail to fulfill the obligations specified in the other paragraphs shall be subject to administrative fine in accordance with the provisions of Article 102.
The form and content of the notification of employment of the insured, the methods of submitting the notification and other procedures and principles regarding the implementation of this article shall be regulated by a regulation to be issued by the Institution.
(Repealed fourth paragraph: 17/4/2008-5754/6 art.)
(Amended fifth paragraph: 17/4/2008-5754/6 art.) Employers who will employ individuals considered insured within the scope of subparagraph (c) of the first paragraph of Article 4 are obliged to notify the Institution of the individuals they employ for the first time or re-employ within this scope, with the insured employment entry notification within fifteen days from the beginning of the insurance specified in subparagraph (c) of the first paragraph of Article 7. No notification is made in transfers and assignments between different units of the same public administration.
(Repealed sixth paragraph: 17/4/2008-5754/6 art.)
Public administrations and banks are obliged to check whether the persons they transact with are registered in terms of insurance and to report to the Institution the persons they determine to be uninsured, by using the electronic infrastructure to be provided by the Institution.
Administrative fines shall be imposed on the relevant persons who do not fulfill the obligations specified in the other paragraphs, except for the second and fifth paragraphs of this article, in accordance with the provisions of Article 102.
The form and content of the insured employment notification, the methods of submitting the notification and other procedures and principles regarding the implementation of this article shall be regulated by the regulation to be issued by the Institution.
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FOOTNOTES
17 With Article 26 of Law No. 6111 dated 13/2/2011, the phrase “mandatory” in this paragraph has been removed from the text of the article.
18 With Article 22 of Law No. 6676 dated 16/2/2016, the phrase “vocational education or internship” in this clause has been changed to “vocational education, internship or scholarship position”.
19 With Article 56 of Law No. 6764 dated 2/12/2016, the phrase “vocational education” in this clause has been changed to “vocational and technical education, supplementary education or field education during vocational and technical secondary education”.
20 With Article 35 of the Decree Law No. 690 dated 17/4/2017, the phrase “(d) and (e)” in this clause was changed to “(d), (e) and (f)”, and later this provision was accepted as is with Article 31 of Law No. 7077 dated 1/2/2018 and became law.
21 With Article 27 of Law No. 6111 dated 13/2/2011; “For persons considered insured within the scope of other subparagraphs, except for those included in subparagraph (4) of paragraph (b) of the first paragraph of Article 4, from the beginning of insurance specified in subparagraph (b) of the first paragraph of Article 7;” The phrase “Except for those insured in subparagraph (4) of paragraph (b) of the first paragraph of Article 4, from the date they receive their certificates of election for village and neighborhood headmen from the relevant election board, for the insured whose insurance starts from the date their tax liability starts, from the date the taxpayer’s employment start procedures are completed by the relevant tax office, not to exceed two months from the date of establishment of the tax liability process, and for the others, from the start of insurance specified in subparagraph (b) of paragraph one of Article 7;” has been changed to “Tradesmen and Craftsmen Registry Office”.
Source: Social Security Law No. 5510
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