Practice Areas
Social Security Law Advisory
Legal support for disputes between insured individuals or employers and the Social Security Institution.
Last updated: · Prepared by: Av. Barış Kaymaz
Social security law protects employees and their dependents against risks such as illness, old age, disability, death and workplace accidents, primarily under the Social Insurance and General Health Insurance Law No. 5510.
Disputes in this field range from the determination of insured service periods to pension amounts, accident notifications and administrative fines. Accurately establishing an insured person's service period and premium days directly affects retirement and other entitlements.
Service Determination Lawsuits
Where an employer fails to register an insured employee with the Social Security Institution, or registers them incompletely, the employee or their beneficiaries may file a service determination lawsuit before the labour court to establish that the work actually took place; witness statements, workplace records, and other available documents are considered as evidence. This action is generally subject to a five-year preclusive period running from the end of the year in which the work took place, though circumstances such as the employer's intent or the employee's later discovery of unregistered work can affect how this period runs.
Disability, Old-Age and Survivor Pensions
A disability pension is granted where the loss of working capacity exceeds a statutory threshold and the required insurance period and premium days are met, while an old-age pension requires meeting age, premium-day, and insurance-period conditions that vary depending on the insured's start date. Upon the insured's death, the surviving spouse, children, and dependent parents may be entitled to a survivor's pension under statutory conditions, and a rejected pension claim can be challenged through SGK's internal objection channels and, subsequently, before the labour court.
Reporting Workplace Accidents and Occupational Diseases
An employer must report a workplace accident to the Social Security Institution within three working days of the accident and an occupational disease within three working days of learning of it; failing to report, or reporting late, can result in an administrative fine and expose the employer to reimbursement claims for payments made by SGK. In addition to the benefits covered by SGK, an insured person who suffers a workplace accident or occupational disease may separately claim compensation based on the employer's fault under the Labour Act and the Code of Obligations.
SGK Administrative Fines
SGK may impose administrative fines on an employer for breaches of reporting obligations, failure to produce books and records, or incomplete premium payments. Such fines can be challenged before SGK within fifteen days of notification, and if the objection is rejected, the employer may then file suit before the labour court.
Premium Debts and Restructuring
SGK may apply late-payment surcharges and penalties to unpaid insurance premiums and initiate enforcement proceedings to collect them. The legislature periodically introduces arrangements allowing premium debts to be restructured, and employers should assess their eligibility for such arrangements under the currently applicable rules.
Services in This Area
- Filing and pursuing service determination lawsuits
- Handling objections and litigation against rejected disability, old-age and survivor pension applications
- Advising employers on workplace accident and occupational disease reporting
- Handling objections and litigation against SGK administrative fines
- Advising on premium debt and restructuring processes
- Pursuing compensation claims arising from workplace accidents beyond SGK coverage