|
|
The Question of the Day
Are voluntary work and volunteering legal in Türkiye? (28.03.2024)
Q: As an international NGO, we have an office in Türkiye. We would like to employ volunteers in our Türkiye office. Is there a legal regulation regarding volunteering or volunteer work in Türkiye?
A: In Türkiye, unfortunately, there is no separate law regulating volunteering and voluntary work. This brings with it many problems in volunteer work. For example, if a person takes part in the project of an NGO and works for a certain period without any remuneration, we encounter two basic laws regarding this work; Social Security and General Health Insurance Law (Law No.5510) and Labor Law (Law No. 4857).
Law No. 5510 stipulates that the volunteer in this voluntary work is considered compulsory insured, reported to the Social Security Institution and premiums are paid. Law No. 4857 orders the same person to be accepted as a "worker", to be paid wages and to fulfil all other obligations falling on the employer. Apart from these two basic laws, other laws such as occupational health and safety, professional certification, unemployment insurance, foreign worker work permits and trade union legislation are also problems for volunteering.
When NGOs want to carry out all processes related to volunteer work by labour and social security legislation, they face both a heavy procedural burden and high costs. In this case, they either choose to carry out their projects by risking the sanctions of unregistered employment, or they choose to downsize or terminate the project by complying with the legislation. Both situations pose a problem for the development of volunteering in Türkiye.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Should company partners take a work permit in Türkiye? (04.03.2024)
Q: Dear Dr Orhan, should company partners take a work permit in Türkiye? E. S.
A: A work permit is not required for every foreigner who becomes a partner in a Turkish company. Company partners who need to obtain a work permit are as follows:
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr Orhan, should company partners take a work permit in Türkiye? E. S.
A: A work permit is not required for every foreigner who becomes a partner in a Turkish company. Company partners who need to obtain a work permit are as follows:
- A manager who is a company partner of limited companies,
- Member of the board of directors who is a company partner of joint stock companies,
- General partner, who is the manager of limited companies whose capital is divided into shares,
Dr. Sadettin ORHAN
Labor and Social Security Expert
How are drug prices determined in Turkey? (12.02.2024)
Q: Dear Dr Orhan, how are drug prices determined by which authority in Turkey?
A: The reference price system has been applied in determining drug prices in Türkiye (Turkey) since 2004. The Price Evaluation Commission, which works under the coordination of the Ministry of Health, meets periodically and evaluates drug prices by taking into account the reference price list. Just as the Commission can change the prices of existing listed drugs, it is also authorized to determine the price of a new drug. For example, the Commission last increased drug prices by 25 per cent on December 16, 2023.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr Orhan, how are drug prices determined by which authority in Turkey?
A: The reference price system has been applied in determining drug prices in Türkiye (Turkey) since 2004. The Price Evaluation Commission, which works under the coordination of the Ministry of Health, meets periodically and evaluates drug prices by taking into account the reference price list. Just as the Commission can change the prices of existing listed drugs, it is also authorized to determine the price of a new drug. For example, the Commission last increased drug prices by 25 per cent on December 16, 2023.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Is there a remote work permit/visa in Turkey? (06.02.2024)
Q: Dear Dr Orhan, is there a remote work permit or visa in Turkey? For example, is a work permit or visa required for a foreign employee who works remotely at our company's Turkey office? C. W.
A: Especially after the Covid-19 pandemic, remote work visa applications have started in some countries. However, there is no regulation on this issue in Türkiye yet. No work permit or visa is required for employees who provide services to your company's Türkiye office from abroad. However, you have to pay attention to some regulations, especially on the payroll process.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr Orhan, is there a remote work permit or visa in Turkey? For example, is a work permit or visa required for a foreign employee who works remotely at our company's Turkey office? C. W.
A: Especially after the Covid-19 pandemic, remote work visa applications have started in some countries. However, there is no regulation on this issue in Türkiye yet. No work permit or visa is required for employees who provide services to your company's Türkiye office from abroad. However, you have to pay attention to some regulations, especially on the payroll process.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Is there a permanent work permit in Turkey? (29.01.2024)
Q: Dear Dr Orhan, is there a permanent work permit in Turkey? If so, what are the requirements for this permit? D. O.
A: Yes, there is a permanent work permit in Türkiye. The permanent work permit is a work permit issued on behalf of a foreigner, without being affiliated with an employer, and gives the foreigner the right to work and reside in Türkiye indefinitely. Foreigners with a long-term residence permit in Türkiye or a legal work permit for at least eight years can apply for a permanent work permit. In addition, the permanent work permit documents are renewed at the end of every five years from the start date of the work permit. The application for document renewal must be made within six months before the expiration of the five-year period from the start date of the permanent work permit and, in any case, before the period expires.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr Orhan, is there a permanent work permit in Turkey? If so, what are the requirements for this permit? D. O.
A: Yes, there is a permanent work permit in Türkiye. The permanent work permit is a work permit issued on behalf of a foreigner, without being affiliated with an employer, and gives the foreigner the right to work and reside in Türkiye indefinitely. Foreigners with a long-term residence permit in Türkiye or a legal work permit for at least eight years can apply for a permanent work permit. In addition, the permanent work permit documents are renewed at the end of every five years from the start date of the work permit. The application for document renewal must be made within six months before the expiration of the five-year period from the start date of the permanent work permit and, in any case, before the period expires.
Dr. Sadettin ORHAN
Labor and Social Security Expert
What is the scope of social compliance auditing in Turkey? (15.01.2024)
Q: Dear Dr Orhan, what is the scope of social compliance auditing in Turkey? What legislation needs to be taken into account within the scope of this inspection of workplaces? H. S.
A: The laws that should be taken into consideration within the scope of social compliance audit are as follows:
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr Orhan, what is the scope of social compliance auditing in Turkey? What legislation needs to be taken into account within the scope of this inspection of workplaces? H. S.
A: The laws that should be taken into consideration within the scope of social compliance audit are as follows:
- Social Security Law (No.5510)
- Labor Law (No.4857)
- Trade Unions and Collective Bargaining Law (No.6456)
- International Labor Law (No.6735)
- Occupational Health and Safety Law (No.6331)
- Unemployment Insurance Law (No.4447)
- Turkish Law of Obligations (No.6098)
- Vocational Qualification Law (No.5544)
Dr. Sadettin ORHAN
Labor and Social Security Expert
Is HIV treatment covered by social security in Türkiye? (08.01.2024)
Q: Dear Dr Orhan, I need your expertise regarding a research of mine. Are treatments administered to patients infected with HIV covered by social security in Türkiye? That is, are the treatment expenses covered by Social Security? J. W.
A: Yes, HIV treatment is covered by social security in Türkiye and is completely free. Patients do not have to pay fees for examinations, tests and medications. SSI covers all these expenses on behalf of the insured.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr Orhan, I need your expertise regarding a research of mine. Are treatments administered to patients infected with HIV covered by social security in Türkiye? That is, are the treatment expenses covered by Social Security? J. W.
A: Yes, HIV treatment is covered by social security in Türkiye and is completely free. Patients do not have to pay fees for examinations, tests and medications. SSI covers all these expenses on behalf of the insured.
Dr. Sadettin ORHAN
Labor and Social Security Expert
What are the take-over employer's obligations in Türkiye? (25.12.2023)
Q: Dear Dr. Orhan, we are in the process of purchasing a company from Turkey. The company has 550 employees. What are our labour and social security legislation obligations after taking over the company? T. S.
A: There are two main obligations of you after purchasing the company as an employer. Firstly, you have to give a workplace declaration to Turkish SSI (SGK) ten days after taking over the company. Secondly, as the take-over employer, you will be responsible for the former employer's debts to SSI and the seniority-related rights of the employees. These obligations depend on the purchasing of the company. After that, you are subject to routine employer processing. For example, if you assign to foreign manager to the company, you should apply for a work permit, etc.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr. Orhan, we are in the process of purchasing a company from Turkey. The company has 550 employees. What are our labour and social security legislation obligations after taking over the company? T. S.
A: There are two main obligations of you after purchasing the company as an employer. Firstly, you have to give a workplace declaration to Turkish SSI (SGK) ten days after taking over the company. Secondly, as the take-over employer, you will be responsible for the former employer's debts to SSI and the seniority-related rights of the employees. These obligations depend on the purchasing of the company. After that, you are subject to routine employer processing. For example, if you assign to foreign manager to the company, you should apply for a work permit, etc.
Dr. Sadettin ORHAN
Labor and Social Security Expert
How calculate severance pay in Türkiye? (18.12.2023)
Q: Dear Dr. Orhan, please give me information about severance pay. I have been working in Türkiye for seven years with a work permit. Is there a severance pay implementation in Türkiye for foreign employees? If there is, how is it calculated? Best regards, Y.J.
A: Yes, severance pay is applied in Türkiye and there is not any difference between Turkish citizens and foreigners in terms of severance payment.The severance period and the reasons for the end of the work contract are important factors in determining entitlement to severance pay. To gain severance pay rights, an employee must have been working at the same workplace for at least one year. In cases where the contract of an employee is terminated after one year -for the reasons specified in the law- the employer shall pay the employee a severance payment at the rate of 30 days’ wages for each full year since the date the employment commenced. Regardless of your wage level, the upper limit of severance pay is 23.489,83 Turkish Liras per year for the second term of 2023. For example, for your seven years of work, you could receive a maximum of 164.429 Turkish Liras as severance pay.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr. Orhan, please give me information about severance pay. I have been working in Türkiye for seven years with a work permit. Is there a severance pay implementation in Türkiye for foreign employees? If there is, how is it calculated? Best regards, Y.J.
A: Yes, severance pay is applied in Türkiye and there is not any difference between Turkish citizens and foreigners in terms of severance payment.The severance period and the reasons for the end of the work contract are important factors in determining entitlement to severance pay. To gain severance pay rights, an employee must have been working at the same workplace for at least one year. In cases where the contract of an employee is terminated after one year -for the reasons specified in the law- the employer shall pay the employee a severance payment at the rate of 30 days’ wages for each full year since the date the employment commenced. Regardless of your wage level, the upper limit of severance pay is 23.489,83 Turkish Liras per year for the second term of 2023. For example, for your seven years of work, you could receive a maximum of 164.429 Turkish Liras as severance pay.
Dr. Sadettin ORHAN
Labor and Social Security Expert
As an expat, can I retire from Türkiye's SSI? (11.12.2023)
Q: Dear Dr. Orhan. I have been working in Türkiye as a university lecturer since October 2020. I think this duty will continue for a few more years. Can I retire from the Turkish social security institution at the end of my duty? Or do I have other options? S. W.
A: There is no difference between Turkish citizens and foreigners in Türkiye in terms of retirement conditions. Everyone is subject to the same legislation in terms of necessary conditions, rights and benefits provided. Women can retire at the age of 58 and men can retire by reaching 60 and completing 7200 days of premium payment period. Or they can complete 5400 premium days and retire at the age of 61 for women and 63 for men. As a foreigner, you can also retire from Türkiye under these conditions. If you cannot meet the minimum premium payment requirement, the premiums paid on your behalf will be returned to you as a lump sum payment when you reach the specified ages. To do this, it is sufficient to apply to SSI (SGK) units in Türkiye and to Turkish consulates abroad.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Dear Dr. Orhan. I have been working in Türkiye as a university lecturer since October 2020. I think this duty will continue for a few more years. Can I retire from the Turkish social security institution at the end of my duty? Or do I have other options? S. W.
A: There is no difference between Turkish citizens and foreigners in Türkiye in terms of retirement conditions. Everyone is subject to the same legislation in terms of necessary conditions, rights and benefits provided. Women can retire at the age of 58 and men can retire by reaching 60 and completing 7200 days of premium payment period. Or they can complete 5400 premium days and retire at the age of 61 for women and 63 for men. As a foreigner, you can also retire from Türkiye under these conditions. If you cannot meet the minimum premium payment requirement, the premiums paid on your behalf will be returned to you as a lump sum payment when you reach the specified ages. To do this, it is sufficient to apply to SSI (SGK) units in Türkiye and to Turkish consulates abroad.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Should we report our Türkiye office manager to Turkish SSI? (04.12.2023)
Q: Hello Dr. Orhan. We have just appointed the Türkiye office manager of our Germany-based company. He is covered by social security in Germany. Do we also need to report him to the Social Security Institution in Türkiye? Should he be insured in Turkey as well? H. D.
A: As a rule, foreigners who start working in Türkiye should be reported to SSI (SGK). However, individuals sent to Turkey for a job on behalf of an organization (company, university, etc.) established in a foreign country and who document to be subject to social insurance in the foreign country, shall not be deemed insurance holders throughout the determined period by the agreement. The aim, here, is to prevent the same person from being repeatedly insured in both countries. Therefore, by the bilateral social security agreement between Türkiye and Germany, your Türkiye office manager does not have to be insured in Turkey for 5 years. If you wish, you can extend this period for another 3 years.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Hello Dr. Orhan. We have just appointed the Türkiye office manager of our Germany-based company. He is covered by social security in Germany. Do we also need to report him to the Social Security Institution in Türkiye? Should he be insured in Turkey as well? H. D.
A: As a rule, foreigners who start working in Türkiye should be reported to SSI (SGK). However, individuals sent to Turkey for a job on behalf of an organization (company, university, etc.) established in a foreign country and who document to be subject to social insurance in the foreign country, shall not be deemed insurance holders throughout the determined period by the agreement. The aim, here, is to prevent the same person from being repeatedly insured in both countries. Therefore, by the bilateral social security agreement between Türkiye and Germany, your Türkiye office manager does not have to be insured in Turkey for 5 years. If you wish, you can extend this period for another 3 years.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Are interventional radiology procedures covered by healthcare insurance in Türkiye? (20.11.2023)
Q: Hi dear Dr. Orhan, are interventional radiology procedures covered by healthcare insurance in Türkiye? If these procedures are within the scope of reimbursement, can you provide information about the current pricing for the transactions? Rajab C.
A: Hi Dear Rajab, yes, interventional radiology (IR) procedures are covered by general healthcare insurance in Turkey. The Social Security Institution (SGK) pays for vascular and non-vascular interventional radiology procedures performed for insurer patients. Some payment prices of the SGK, according to 2023 prices, are as follows;
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Hi dear Dr. Orhan, are interventional radiology procedures covered by healthcare insurance in Türkiye? If these procedures are within the scope of reimbursement, can you provide information about the current pricing for the transactions? Rajab C.
A: Hi Dear Rajab, yes, interventional radiology (IR) procedures are covered by general healthcare insurance in Turkey. The Social Security Institution (SGK) pays for vascular and non-vascular interventional radiology procedures performed for insurer patients. Some payment prices of the SGK, according to 2023 prices, are as follows;
- Endovascular cerebral aneurysm treatment: 15.124 Turkish Liras.
- Transjugular Intrahepatic Porto-Systemic Shunt (TIPS): 9.629 Turkish Liras.
- Percutaneous biliary stent placement: 6.420 Turkish Liras.
- Percutaneous lymphocele treatment: 6.420 Turkish Liras.
- Vertebroplasty: 8.345 Turkish Liras.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Is the in-vitro fertilization method included in the social insurance reimbursement list in Türkiye? (15.11.2023)
Q: Hello Dr. Orhan, is the in-vitro fertilization method included in the social insurance reimbursement list in Turkey? If so, what are the conditions? Freja M.
A: Hi Dear Freja. Yes, the in-vitro fertilization method is included in Turkey's social insurance reimbursement list. Up to three attempts of in-vitro fertilization are financed by the Turkish Social Security Institution (SGK). However, some conditions are required for both the couples where the in vitro fertilization process will be performed and the hospital. The conditions for the insured women;
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Hello Dr. Orhan, is the in-vitro fertilization method included in the social insurance reimbursement list in Turkey? If so, what are the conditions? Freja M.
A: Hi Dear Freja. Yes, the in-vitro fertilization method is included in Turkey's social insurance reimbursement list. Up to three attempts of in-vitro fertilization are financed by the Turkish Social Security Institution (SGK). However, some conditions are required for both the couples where the in vitro fertilization process will be performed and the hospital. The conditions for the insured women;
- A medical board report has been issued stating that after the medical treatments, she cannot have children with normal medical methods and can only have children with assisted reproduction methods.
- Must be over 23 years of age and not older than 39.
- Documentation by the health boards of the health service provider contracted with the SGK that there has been no result from other treatment methods in the last three years.
- She has to be a universal health insurance holder or a dependent for at least five years and has 900 days of universal health insurance premium days.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Do we have any obligations in terms of Turkish labor and social security law? (13.11.2023)
Q: Hi dear Orhan, we are a game-developer company headquartered in Sweden. We have employees from different countries of the world who we employ under remote working contracts. Some of our Turkey-origin engineers also serve us remotely. Apart from the wages we pay them, do we also have obligations in terms of Turkey-based labor and social security law? Ebba D.
A: Dear Ebba, in order for Turkish labor and social security law to be applied to your company, you must have a registered workplace in Türkiye. In other words, you must have an actual and physical workplace in Türkiye. However, your company employs workers only with a remote working model, without opening a workplace in Türkiye. Therefore, Turkish labor and social security law will not be applied to your company. In other words, you do not have any obligations arising from Turkish legislation for the engineers you employ remotely. However, if you wish, you can require these people to have optional insurance and cover the insurance premiums they must pay for this.
On the other hand, there is a bilateral social security agreement between Türkiye and Sweden. Thanks to this agreement, you can ensure the social security rights of the worker you employ remotely in accordance with Swedish legislation.
Dr. Sadettin ORHAN
Labor and Social Security Expert
Q: Hi dear Orhan, we are a game-developer company headquartered in Sweden. We have employees from different countries of the world who we employ under remote working contracts. Some of our Turkey-origin engineers also serve us remotely. Apart from the wages we pay them, do we also have obligations in terms of Turkey-based labor and social security law? Ebba D.
A: Dear Ebba, in order for Turkish labor and social security law to be applied to your company, you must have a registered workplace in Türkiye. In other words, you must have an actual and physical workplace in Türkiye. However, your company employs workers only with a remote working model, without opening a workplace in Türkiye. Therefore, Turkish labor and social security law will not be applied to your company. In other words, you do not have any obligations arising from Turkish legislation for the engineers you employ remotely. However, if you wish, you can require these people to have optional insurance and cover the insurance premiums they must pay for this.
On the other hand, there is a bilateral social security agreement between Türkiye and Sweden. Thanks to this agreement, you can ensure the social security rights of the worker you employ remotely in accordance with Swedish legislation.
Dr. Sadettin ORHAN
Labor and Social Security Expert
As İş ve Sosyal Güvenlik Atölyesi, we provide consultancy services to national and international companies in the field of Turkish labor and social security law. Turkish labor law, social insurance, payroll, healthcare law, healthcare tourism, pharmaceutical and medical device licensing and reimbursement systems are our main areas of expertise.
