The issue of uninsured work is addressed in Turkish Labor Law and the Social Security and General Health Insurance Law, aiming to protect the rights and well-being of workers in Turkey, including foreign individuals.
Under the Social Security and General Health Insurance Law (Law No. 5510), all employees, regardless of their nationality, are required to be insured. The insurance, which must be arranged by the employer, provides coverage for health services, pensions, and benefits in case of work-related injuries or illnesses.
Obligation to Insure (Article 4 of Law No. 5510): All employees in Turkey are required to be insured, and it is the responsibility of the employer to arrange this insurance. This obligation begins on the first day of employment.
Registration of Employees (Article 7 of Law No. 5510): Employers must notify the Social Security Institution (SGK) of the employment of an individual within a period not exceeding 30 days. The notification should include details of the employment, such as the start date and the agreed-upon wage.
Penalties for Uninsured Work (Article 102 of Law No. 5510): If an employer fails to insure an employee, they can be subject to significant administrative fines. The fine is calculated per uninsured day and per employee, and this fine is increased every year in line with the revaluation rate.
Rights of Uninsured Workers (Article 21 of Law No. 5510): An uninsured worker who has suffered a work accident or occupational disease has the right to file a claim directly against the employer for all damages and losses. This right is in addition to the administrative fines that the employer may face for failing to insure the worker.