Registration of Workplaces of Employers Undertaking Work in Countries with Which Turkey Has No Social Security Agreement

⎯ The workplace of the employer who will take insured employees abroad must be established and registered under the laws of the Republic of Turkey. The workplace registration must be based on the start date of employment specified in the Overseas Service Contract approved by the Turkish Employment Agency (İŞKUR).

 ⎯ If employers will carry out the work abroad through insured employees to be reported under a newly registered workplace file, they must register the workplace file at the SGK unit to which their business headquarters is affiliated and fulfill their social insurance obligations through this file. If another job with the same short-term insurance branch premium rate is undertaken in the same country, social insurance obligations regarding insured employees working at this workplace may also be fulfilled through the previously registered workplace file.

⎯ Insured employees will be reported to the Social Security Institution (SGK) based on the monthly wage specified in the Overseas Service Contract approved by the Turkish Employment Agency. The wage reported to the SGK cannot exceed three times the lower limit of the earnings subject to premium specified in Article 82 of Law No. 5510.

 ⎯ Insured employees working in workplaces of employers who have undertaken jobs in countries with which our country has no social security agreement must be reported to the SGK under Document Type 21.

HOW IS THE REGISTRATION OF WORKPLACES OF EMPLOYERS WHO HAVE UNDERTAKEN JOBS IN COUNTRIES WITH WHICH OUR COUNTRY HAS NO SOCIAL SECURITY AGREEMENT CARRIED OUT?

For employers established in our country who undertake jobs in countries with which our country has no social security agreement, the registration of their workplaces and the notification of insured employees differ from other workplaces.

In subparagraph (g) of the first paragraph of Article 5 of Law No. 5510, it is stipulated: "Turkish workers taken by employers who undertake jobs in countries with which our country has no social security agreement to be employed in workplaces abroad are considered insured under subparagraph (a) of the first paragraph of Article 4, and the provisions regarding short-term insurance branches and general health insurance apply to them. If these insured persons wish to be subject to long-term insurance branches, the provisions of voluntary insurance apply to them without requiring the condition of legal residence in Turkey as per the second paragraph of Article 50 and the conditions specified in subparagraph (a) of the same paragraph. In this context, no additional general health insurance premium is collected from those benefiting from voluntary insurance provisions. The voluntary insurance premiums paid during this period by insured employees working in workplaces abroad under this subparagraph are considered insurance under subparagraph (a) of the first paragraph of Article 4." Accordingly, the short-term insurance premium rate for these insured persons is 2%, and the general health insurance premium rate is 12.5%. These insured persons may become voluntary insured persons regarding long-term insurance.

The workplace of the employer who will take insured employees abroad must be established and registered under the laws of the Republic of Turkey. If employers will carry out the work abroad through insured employees to be reported under a newly registered workplace file, they must register the workplace file at the SGK unit to which their business headquarters is affiliated and fulfill their social insurance obligations through this file. A copy of the contract documenting the receipt of the job, along with a letter from the relevant Republic of Turkey Foreign Representation in the country or a document issued by the Ministry of Trade, is attached to the workplace declaration. If another job with the same short-term insurance branch premium rate is undertaken in the same country, social insurance obligations regarding insured employees working at this workplace may also be fulfilled through the previously registered workplace file.

Registration of workplaces is ensured based on the start date of employment specified in the Overseas Service Contract, which is prepared by Turkish workers taken by employers who undertake jobs in countries with which our country has no social security agreement to be employed in workplaces abroad and approved by the Turkish Employment Agency.

In determining the working period of Turkish workers taken by employers who undertake jobs in countries with which our country has no social security agreement to be employed in workplaces abroad, those for whom no employment termination declaration has been submitted and those whose termination date is not specified in the monthly premium and service document/withholding and premium service declaration, in the absence of other information and documents, will be considered insured for the entire period between the dates specified in the "duration and termination of the contract" clause of the Overseas Service Contract prepared by the worker and employer and approved by the Turkish Employment Agency (without even proceeding to examine the matter).

Insured employees will be reported to the SGK based on the monthly wage specified in the Overseas Service Contract approved by the Turkish Employment Agency. The wage reported to the SGK cannot exceed three times the lower limit of the earnings subject to premium specified in Article 82 of Law No. 5510.

Insured employees working in workplaces of employers who have undertaken jobs in countries with which our country has no social security agreement must be reported to the SGK under Document Type 21.