Service Determination Lawsuit: Uninsured Work and Retirement

Summary: In 'Uninsured Employment' (Unregistered Employment) situation, which is unfortunately frequently encountered in Turkey, worker's strongest weapon is Ser...

In “Uninsured Employment” (Unregistered Employment) situation, which is unfortunately frequently encountered in Turkey, worker’s strongest weapon is Service Determination Lawsuit. With this lawsuit, you can register your works not reported to SGK by court decision and have them counted for your retirement.

1. Lawsuit Filing Period: 5-Year Critical Period

The most important issue in service determination lawsuits is “Forfeiture Period”.

After Leaving Job: Lawsuit must be filed within 5 years starting from the end of the year the service passed.
Exception: If the employer never reported you to SGK, 5-year rule is strict. However, if employment entry statement was given but premiums were deposited incompletely or there was fraud in payroll, Court of Cassation can interpret this 5-year period more flexibly.

2. Who is the Defendant? Position of SGK

Defendant in this lawsuit is Employer. However, while filing the lawsuit, you must definitely notify Social Security Institution (SGK). SGK participates in the lawsuit as “Intervener” (Beside defendant).

3. Proof Methods

Don’t say “I worked uninsured but I have no document”. Labor Courts apply “Ex Officio Investigation Principle” in these lawsuits.

Witness: Most important evidence. “Payroll Witnesses” who worked in the same period with you (Neighboring workplace employees or insured workers from same workplace) are heard.
Documents: All kinds of documents like salary envelopes, workplace entry cards, photos, bank receipts, PTT cargo delivery minutes can be evidence.

4. Does Retirement Change in One Day?

Yes. Especially determination of even a single day of insurance before September 8, 1999 can put you in EYT (Delayed in Retirement Age) scope and completely change your retirement age and conditions.

Frequently Asked Questions

Q: If I win the lawsuit, who pays premiums? A: Employer pays premiums with interest. Premium does not come out of your pocket.

Q: Employer threatens “I will fire you if you testify”, what should I do? A: Testifying in court is a citizenship duty. Worker fired for testifying can file “Bad Faith Compensation” and “Reinstatement” lawsuit.

Legal Support: You can contact us for service determination lawsuits that will save your retirement.

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âš–ï¸ Attorney Fevzi YaÅŸkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.