SHOULD BE CAREFUL WHEN APPLYING TO SSI (SGK) FOR ADMINISTRATIVE FINE!
Sanctions are one of the most important columns of the social security system. There are many liabilities related to social security in our legislation and they must be followed and fulfilled correctly. Otherwise, an administrative fine must be paid.
Employers can be subject to administrative fines in different ways. We can count them as follows;
Reason for Objection is Important
It is very important that the justification is clearly stated when appealing for the administrative fine applied. Because objection to insufficient and wrong reasons will result in the rejection of the application. While objecting to the administrative fine imposed by the Social Security Institution, one or more of the following issues should be included as a justification:
15 Days for Appeal
The employer or other persons who are subject to administrative fines may appeal to SSI in the presence of the above-mentioned reasons. Another important point here is that there is a deadline that you must comply with for the objection. Accordingly, it is necessary to appeal to SSI within 15 days from the date of notification of the penalty. Otherwise, the penalty is final. In other words, until the result of the objection is notified to you, SSI cannot proceed to execution or attachment regarding the penalty amount.
How to Write an Objection Petition? Where should it be given?
There is no regulation in the social security legislation on how to file an objection petition. Therefore, the addressee should give the petition of objection to the SSI unit that sent the administrative fine by expressing the objection and evidence clearly. The petition can be hand-delivered within 15 days or sent by post. If the objection petition is sent via registered mail or APS, the date it is mailed is considered as the date it is submitted to SSI. However, if it is sent by ordinary mail or courier, the date it is sent to SSI is taken as a basis.
What to do as a result of the rejection of the appeal?
How the Objection Commission will be formed has been explained in the Regulation on Social Security Transactions. The Administrative Fine Objection Committee consists of the unit chief or his deputy, the relevant chief, file clerk and if any, a lawyer. Since the phrase officer and chief in the regulation refer to the chief and officer of the service in which the act subject to administrative fine is in the field of duty in terms of legislation, the objection commission should be formed in accordance with this provision in the regulation. Objections are examined by the relevant objection committee and resolved within 30 days at the latest. It is one of the general principles of administrative law that the administration can always revert from its erroneous action, in other words, that it can undo its erroneous action. Based on this principle, the Institution can always withdraw its erroneous transaction unless there is a final judgment in favor of the Institution. For this reason, if it is understood that the administrative fines, which were notified by the SSI and became final due to the expiry of the 15-day objection period, were applied incorrectly or inappropriately, the necessary decision will be taken by the Unit objection commission to correct the erroneous transaction. If the commission's decision is for the partial cancellation of the administrative fine applied, in order not to initiate a new appeal process before the judiciary, in this case, the decision to be taken is based on the principle that the administrative fine, which is notified, is final since no objection has been lodged in due time, but the administrative law can always reverse the erroneous action of the administration. The relevant parties will be notified that some of the notified administrative fines have been canceled and that the part that has not been canceled has been finalized, and that it must be paid together with the late fee, provided that it is stated and its justification. In case of rejection of the objection, enforcement proceedings will not be initiated until the decision is notified to the relevant parties. After the notification, the follow-up and collection phase will be started. Those whose objections are rejected by the SSI can apply to the competent administrative court within 30 days from the date of notification of the decision. It is not possible to go to court without exhausting the appeal against administrative fines accrued by being notified. If the application is not made within this period, the administrative fine becomes final. However, we should point out that applying to the court does not stop the follow-up and collection of administrative fines. In other words, while the court continues, SSI can apply for enforcement and foreclosure for the penalty amount.
Is There a Penalty Reduction in Objection?
One of the important issues regarding the objection to the administrative fine is whether it is possible to benefit from the advance payment discount specified in the Law in case of objection. In advance payment discount, if the administrative fines are paid in cash within 15 days from the date of notification before appealing to the SSI or applying to the court, three-quarters of this amount is collected. In other words, in order to benefit from the advance payment discount, you must make the payment before you object. If you pay after the objection, the discount cannot be used. In short, if you pay the fine before you object, you can benefit from a 25% discount. In addition, even if the objection is concluded against you, you do not have to return the amount of discount you have suffered in accordance with the Decision of the Constitutional Court dated 28/11/2013 and numbered E.: 2013/40, K.: 2013/139. For this reason, make sure to pay your fine at a discount first and then appeal.
03.10.2022
Dr. Mehmet BULUT
İş ve Sosyal Güvenlik Uzmanı
[email protected]
Sanctions are one of the most important columns of the social security system. There are many liabilities related to social security in our legislation and they must be followed and fulfilled correctly. Otherwise, an administrative fine must be paid.
Employers can be subject to administrative fines in different ways. We can count them as follows;
- Inspections made by SSI inspectors
- Detections made by the central or provincial units of SSI
- Determinations made by audit staff of other public institutions and organizations
- Documents received from other institutions and organizations
- Court decisions
Reason for Objection is Important
It is very important that the justification is clearly stated when appealing for the administrative fine applied. Because objection to insufficient and wrong reasons will result in the rejection of the application. While objecting to the administrative fine imposed by the Social Security Institution, one or more of the following issues should be included as a justification:
- The basis for the administrative fine is not sufficiently clear and robust (The crime and the penalty applied must necessarily have their equivalent in the Law. Because there is no unlawful crime or punishment.)
- Misinterpretation of the provision of the Law on liability and/or administrative fine.
- Not taking into account some situations (timeout, force majeure, difficult situation, etc.) that need to be taken into account.
- Disregarding/misinterpreting the statements or records given in the audit, or the worker/employer's mistake while preparing the report.
- Failure to act in accordance with the procedure in audits (such as ignoring submission deadlines, not taking into account even though a place for record inspection is shown by the employer).
15 Days for Appeal
The employer or other persons who are subject to administrative fines may appeal to SSI in the presence of the above-mentioned reasons. Another important point here is that there is a deadline that you must comply with for the objection. Accordingly, it is necessary to appeal to SSI within 15 days from the date of notification of the penalty. Otherwise, the penalty is final. In other words, until the result of the objection is notified to you, SSI cannot proceed to execution or attachment regarding the penalty amount.
How to Write an Objection Petition? Where should it be given?
There is no regulation in the social security legislation on how to file an objection petition. Therefore, the addressee should give the petition of objection to the SSI unit that sent the administrative fine by expressing the objection and evidence clearly. The petition can be hand-delivered within 15 days or sent by post. If the objection petition is sent via registered mail or APS, the date it is mailed is considered as the date it is submitted to SSI. However, if it is sent by ordinary mail or courier, the date it is sent to SSI is taken as a basis.
What to do as a result of the rejection of the appeal?
How the Objection Commission will be formed has been explained in the Regulation on Social Security Transactions. The Administrative Fine Objection Committee consists of the unit chief or his deputy, the relevant chief, file clerk and if any, a lawyer. Since the phrase officer and chief in the regulation refer to the chief and officer of the service in which the act subject to administrative fine is in the field of duty in terms of legislation, the objection commission should be formed in accordance with this provision in the regulation. Objections are examined by the relevant objection committee and resolved within 30 days at the latest. It is one of the general principles of administrative law that the administration can always revert from its erroneous action, in other words, that it can undo its erroneous action. Based on this principle, the Institution can always withdraw its erroneous transaction unless there is a final judgment in favor of the Institution. For this reason, if it is understood that the administrative fines, which were notified by the SSI and became final due to the expiry of the 15-day objection period, were applied incorrectly or inappropriately, the necessary decision will be taken by the Unit objection commission to correct the erroneous transaction. If the commission's decision is for the partial cancellation of the administrative fine applied, in order not to initiate a new appeal process before the judiciary, in this case, the decision to be taken is based on the principle that the administrative fine, which is notified, is final since no objection has been lodged in due time, but the administrative law can always reverse the erroneous action of the administration. The relevant parties will be notified that some of the notified administrative fines have been canceled and that the part that has not been canceled has been finalized, and that it must be paid together with the late fee, provided that it is stated and its justification. In case of rejection of the objection, enforcement proceedings will not be initiated until the decision is notified to the relevant parties. After the notification, the follow-up and collection phase will be started. Those whose objections are rejected by the SSI can apply to the competent administrative court within 30 days from the date of notification of the decision. It is not possible to go to court without exhausting the appeal against administrative fines accrued by being notified. If the application is not made within this period, the administrative fine becomes final. However, we should point out that applying to the court does not stop the follow-up and collection of administrative fines. In other words, while the court continues, SSI can apply for enforcement and foreclosure for the penalty amount.
Is There a Penalty Reduction in Objection?
One of the important issues regarding the objection to the administrative fine is whether it is possible to benefit from the advance payment discount specified in the Law in case of objection. In advance payment discount, if the administrative fines are paid in cash within 15 days from the date of notification before appealing to the SSI or applying to the court, three-quarters of this amount is collected. In other words, in order to benefit from the advance payment discount, you must make the payment before you object. If you pay after the objection, the discount cannot be used. In short, if you pay the fine before you object, you can benefit from a 25% discount. In addition, even if the objection is concluded against you, you do not have to return the amount of discount you have suffered in accordance with the Decision of the Constitutional Court dated 28/11/2013 and numbered E.: 2013/40, K.: 2013/139. For this reason, make sure to pay your fine at a discount first and then appeal.
03.10.2022
Dr. Mehmet BULUT
İş ve Sosyal Güvenlik Uzmanı
[email protected]
