23 Jan Action For Fixing Of Period Of Service
As a rule, the employer is prohibited from employing uninsured workers. Since insurance is the social security of the worker, the legislator has provided for an obligation in this direction in case of abuse by the employer and has provided for a certain sanction if the employer does not comply with the rule. However, in practice, workers are unfortunately employed without insurance for various reasons or reporting that their insurance is missing. It is possible for workers who cannot object to this situation while working to sue in order to ensure that their retrospective insurance is deposited after leaving work. A service detection case is a case filed by an employee who works without insurance notification and without depositing premiums in order to compensate for this period of time in which he works without insurance, as if he worked with the insured.
Worker Seeking Service Detection Lawsuit,
The defendant must ensure 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 considered uninsured by the claimant worker and, in this case, had not been previously identified by the SSI.
Long-term insurances should be the subject of a claim for service identification.
The worker must open the case within a 5-year period.(There are exceptional cases.)
The plaintiff who filed a claim for service identification is obliged to prove the dates and work he claims to have worked. Witness statements are of serious importance in the determination and proof of this matter. In a service identification case, proof may be possible by the testimony of the plaintiff employee, a co-worker with whom he works, or by the testimony of the employee or workers working in a neighboring workplace. In practice, the courts can increase and decrease the number of witnesses by 4-5 (depending on the duration of service) to be heard in the case. ) payroll selects the witness and invites him to hearings.
An employee who sues for service detection opens a case (legal heirs – mother, father,wife , brother, etc.) against the employer, if the employee has passed away, and each if the employer is more than one.
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