Service determination case is a case filed to protect the social security rights of employees in Turkey and is one of the important issues of working life. This case is of great importance, especially for employees who work unregistered or whose social security rights are not fully provided.
What is a Service Detection Case in Turkey?
A service determination case is a case that aims to officially determine a worker’s work and recognize his social security rights. This lawsuit is filed in cases where the employee has not been notified to the Turkey Social Security Institution (SGK) by the employer or the premium payments have been made incompletely. Basic social security rights such as retirement, health insurance and unemployment insurance depend on the worker’s working hours and the amount of premiums paid. Therefore, it is of great importance to accurately record the worker’s actual working time and premiums paid.
Reasons for Filing a Service Detection Case
- The employer does not report the employee to SGK,
- Missing or incorrect premium payments,
- The worker’s working hours are actually longer, but are shown incompletely in the records,
- In case of incapacity for work as a result of a work accident or occupational disease, the worker does not appear to be insured.
Conditions and Requirements of the Service Determination Case
- Filing the case before the limitation period expires
- The defendant workplace meets the conditions in accordance with the provisions of Law No. 5510,
- There is a service contract between the employee and the employer,
- The worker fulfills his obligation to work within the scope of the service relationship,
- The fact that the worker is employed without insurance or that insurance premiums are underpaid must not have been previously detected by SGK.
Proof in Service Detection Cases?
In service determination cases, proof is the obligation to prove that the worker was employed without insurance or that insufficient premiums were paid. Tools available to the worker to prove their claims include:
- Statements of witnesses who can verify the duration and conditions under which the worker worked,
- Official documents such as pay slips, employment entry and exit declarations, records showing working hours,
- Visuals such as photographs taken at work, video recordings, etc. physical materials or any evidence not unlawfully obtained may be put forward.
With this evidence, the worker may try to prove in court the reality of his employment and the underpayment of insurance premiums.
Parties to the Service Determination Case
Plaintiff: The person who qualifies as a worker within the scope of the Social Insurance and General Health Insurance Law No. 5510. If the worker dies, his heirs have the right to file a service determination lawsuit.
Defendant: Employer. Social Security Institution will not be shown as a defendant in service determination cases to be filed as of 11.09.2014, but the case will be notified to the Institution ex officio. Sgk Fer will participate in the case as an intervenor.
In which court is the service determination case filed?
The competent court in these cases is generally the Labor Courts. In places where there are no labor courts, the competent court will be the Civil Courts of First Instance, with the title of ‘Labor Court’. The place where the lawsuit will be filed is the place where the work is done or the defendant’s place of residence. If there is more than one defendant, a lawsuit can be filed in the court of the place of residence of one of them.
Statute of Limitations and Periods in Service Detection Cases
The service determination case must be filed within five years from the end of the relevant year. This period is restrictive.
Is There a Mediation Requirement in a Service Determination Case?
Service determination cases are not included in the scope of mediation.
Results of Service Determination Case
If the case is concluded in favor, the worker will be deemed insured retroactively and will benefit from social security rights. Additionally, the worker’s future rights, such as retirement, are also affected as a result of this case.
