As a rule, employers are prohibited from employing uninsured workers. Since the insurance is the social security of the worker, the legislator has foreseen an obligation in this direction in case of abuse of this situation by the employer and stipulated a certain sanction if the employer does not comply with the rule. In practice, however, workers are unfortunately employed for various reasons without insurance or with under-reporting of insurance. It is possible for workers who cannot object to this situation while working, to file a lawsuit to ensure that their retroactive insurance is deposited after leaving the job, with a service determination case. Service determination lawsuit is a lawsuit filed by the worker who is employed without an insurance notification and without paying the premiums, in order to compensate for this period of time he worked without insurance, as if he had worked as an insured.
Worker Who Wants to File a Case for Detection of Service,
The defendant must make sure that the workplace is one of the workplaces that meet the conditions in accordance with the provisions of Social Insurance and General Health Insurance No. 5510.
The service must have been seen as uninsured by the claimant worker and in this case it must not have been detected before by SSI.
The subject of the lawsuit regarding the service determination case should be long-term insurances.
The worker must file the case within 5 years. (There are exceptional cases.)
The plaintiff worker, who has filed a service determination lawsuit, is obliged to prove the dates and work he claims to have worked. Witness statements are of great importance in the determination and proof of this issue. Proof in the service determination lawsuit may be possible with the testimony of the plaintiff worker, his colleague with whom he works, or the testimony of the worker or workers working in the neighboring workplace. In practice, the Courts select 4-5 (the number of witnesses may increase or decrease depending on the length of service) payroll witness and invite them to the hearings to be heard in the case.
The worker who filed a service determination case (if the worker has passed away, his legal heirs – mother, father, spouse, brother, etc.) opens the case against the employer, and if the employer has more than one, against each of them.
