We mentioned in our previous articles that the service detection case is a case filed in cases where the employee was not notified or reported incomplete to the Social Security Institution, despite the fact that the employer was notified of entry to work, and no premium was paid.

First, the employer is obliged to inform the institution that the employee has started work within 1 month. Even if the worker does not inform the institution that he has started work, this does not constitute evidence on behalf of the worker.

PERSONS WHO CAN BE CONSIDERED INSURED

Act 2 Of Act 506. According to Article 4 of Law No. 5510. according to the article:

1 – those employed by the employer with a contract of Service,

2-artists, writers and thinkers employed by the employer,

3-657 sk m. Temporary personnel called 4/C employed within the scope of the 4/c clause,

4 – village keepers,

5 – those who are given duties by public administrations in exchange for a course fee,

6 – in the courses organized by the Ministry of Education,” master ” teachers are employed,

7 – general Housewives,

8-from foreign citizens, employees with a service contract are considered insured.

DURATION OF RIGHTS REDUCTION IN SERVICE DETECTION CASE

In cases of detection of services, the period of reduction of Rights is 5 years. Even if the parties do not argue that the court has passed the period of entitlement, resen can take into account. This 5-year period begins at the end of the year in which the worker’s services pass. If an employee works in workplaces belonging to different employers, the right reduction period begins from the date of departure in each workplace. But in some cases, there is no time to reduce the rights. For these cases, the following decision of the Supreme Court was made:

“…The plaintiff requested that the defendant be determined to work with the employer and that the collection of Labor receivables be decided. 79/1 of the law on what documents the employer should provide to the institution regarding insured persons. as clearly stated in the article, it was left to the regulation. In the regulation on social insurance transactions cited, documents to be given to the employer; declaration of entry to work, declaration of monthly insurance premiums, term payroll, etc. in the form listed. Even if one of these documents has been given to the institution or if the institution, actual or registered insured working phenomenon is determined, the period of rights reduction cannot be mentioned… ” (Supreme Court 21. HD. 2008/9842 E., 2009/7830 K.)

It can be seen that if one of the documents, such as a certificate of entry to work by the employer, a declaration of insurance premiums, a salary for the period, is issued to the institution, the period of deduction of Rights does not work. If you have completed the retirement conditions with the addition of your minus service, you must apply to the Social Security Institution to apply for retirement, and upon rejection of your request, you must file a claim for service determination in the employment courts.