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2021 | Book

Concept of Social Law Read chapter Read first chapter

Turkish Social Law

Author: Tankut Centel

Publisher: Springer International Publishing

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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About this book

The book provides a comprehensive overview on the legal aspects of the social security system in Turkey. It is written specifically for lawyers and graduate law students as comparative law researchers all over the world who have a need to deal with Turkish law generally but are seeking to become specialists in social law. In addition, it has been prepared with a view to provide basic information on Turkish social legislation to foreign investors and companies in Turkey. In this way, it is helpful for them in finding solutions to problems they may encounter in practice. The book contributes to a better understanding of the essentials of the social security system in Turkey.​

Table of Contents

Frontmatter

Introduction

Frontmatter
Chapter 1. Concept of Social Law
Abstract
The scope and content of social law are closely related with the emergence and development of social security concept. Accordingly, the concept of social security developing in the course of time fundamentally lays the foundation of content to be referred to the term “social law”.
Tankut Centel
Chapter 2. Historical Development of Social Law in Turkey
Abstract
Since the Ottoman Empire did not enter into the process of industrialization, an efficient social security system could not be achieved. In this period, it was attempted to meet the individuals’ need for social protection through the domestic support, occupational associations, and other religion-based charities. The legal measures that have been taken remained very limited.
Tankut Centel
Chapter 3. Legal Sources of Social Law in Turkey
Abstract
1982 Constitution of Turkey (Turkish Republic) is the first of legislative sources. As in other branches of law, the provisions of Constitution have priority and superiority over the other sources in social security law. So, “the provisions of the Constitution are fundamental rules binding upon legislative, executive and judicial organs, and administrative authorities and other institutions and individuals” and “laws shall not be contrary to the Constitution” (art. 11 Const.). Thus, the Constitution incorporates the fundamentals guiding all the other sources of law. From this aspect, the regulations about social security (arts 60–61 Const.) between the principle of “social state” in Constitution (art. 2 Const.) and the social economic and social rights (arts 41–65 Const.) are the fundamentals guiding the Turkish social security law.
Tankut Centel

Organization of Social Insurance

Frontmatter
Chapter 4. Administrative Structure and Inspection of Social Insurance
Abstract
Nowadays, the social security institutions constitute a remarkable social and economic potential because of the budget they have, the personnel they employ, and the medical care facilities they own. These cannot be taken out of control and be isolated from the democratic order. Accordingly, within the free zone provided by the legal order, the social security institutions’ administrative bodies shall be provided with a certain level of freedom. Otherwise, the risks of controlling the power of social security institutions by the central authority and the risk of the use of this power by the central authority in the way not complying with the objectives of social security may arise.
Tankut Centel
Chapter 5. Financial Structure and Funding of Social Insurance
Abstract
Funding a social security system is a complicated subject, which incorporates significantly complex problems, under the economic conditions of Turkey, as in other countries. A significant portion of problems on this subject is related with the sources of income. Accordingly, the ratio of Turkey’s social security expenses including the medical care, social assistance, and pension expenses to the gross domestic product exceeded beyond 11%. Thus, the social security expenses of Turkey are between those of countries having mid-level and high level of income. Similarly, Turkey’s ratio of public pension expenses to the gross domestic product is very high because of the elderly and dependent population. Hence, the ratio of population turned the age 65 years or higher to the population aged between 20 and 64 years is 10% in Turkey, whereas the ratio of public pension expenses to gross domestic product is about 6%.
Tankut Centel

Concept of Social Insurance

Frontmatter
Chapter 6. Types of Social Insurance
Abstract
“Compulsory insurance” is a type of social insurance that incorporates the emergence of an insurance relationship, which is established without considering the will and request of individual, as well as the non-intervention to the content. Accordingly, within the scope of compulsory insurance, there is a legal relationship, which is regulated by the imperative provisions, between the employer and insurance holder and SSI.
Tankut Centel
Chapter 7. Relationship of Social Insurance
Abstract
The insurance relationship starts when the individuals started working, having education (technical, vocational, complementary or branch education), internship, or bursarship, for the individuals working based on an employment contract (art. 7 para. 1/a SIGHIA). Accordingly, the beginning of insurance for the individuals within this context is the moment of recruitment.
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Chapter 8. Scope of Social Insurance
Abstract
The scope of social insurances (as person) is limited to the individuals covered by the SIGHIA. The first category in this group is the insurance holders. However, the relatives (family members) of insurance holders shall also be involved in this category. These individuals benefit from the social insurance law not because of their professional services but as the dependents of insurance holders.
Tankut Centel

Social Insurance Liabilities

Frontmatter
Chapter 9. Liabilities of Employer
Abstract
The employees may benefit sufficiently from their rights arising from SIGHIA, and SIGHIA may be implemented in desired manner only when SSI knows the workplaces and employees working at these workplaces. It is impossible for SSI to detect all the workplaces throughout Turkey. For this reason, the companies are held responsible for registering their workplaces to SSI. Accordingly, the objective of obligation to register the workplace to SSI is to determine the workplaces, where the insurance holder is to be employed, and the employer/employer’s representative of these workplaces, as well as enabling the registration of workplaces.
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Chapter 10. Obligations of the Insured
Abstract
In order to prevent informal employment and especially the application of uninsured employment, the legislator has obligated the insured with protecting his/her right. Accordingly, the insured are obliged to inform the Institution that they have started insured employment within one month from the date they start (art. 8 para. 2 SIGHIA).
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Chapter 11. Obligations of Legal Entities and Third Parties
Abstract
The obligation of the insured to declare employment to SSI also applies to self-employed individuals. However, self-employed individuals are not left with an arbitrary obligation. In addition, some obligors are determined for them. The obligor person in question varies depending on whether relevant self-employed has a tax burden or on the professional organization to which he/she is addressed.
Tankut Centel
Chapter 12. Obligations of SSI
Abstract
The social security legislation foresees different legal obligations to employers and insured persons. The authority and duty to control the fulfilment of these obligations have been left to SSI. As a matter of fact, the auditors and control officers of SSI must document the cases that they have identified during their work, which contradicts the social insurance legislation, and the transactions that create receivables in favour of SSI.
Tankut Centel

Social Insurance Branches

Frontmatter
Chapter 13. Occupational Accident and Occupational Disease Insurance
Abstract
The number of people who lost their lives as a result of occupational accidents in Turkey, as set forth by the mine tragedy in Soma in 2014, has reached scary dimensions. Given the fact that not all of the occupational accidents were reported to SSI and the uninsured employment of many workers, the numbers in the official statistics cannot be said to be realistic. Nevertheless, even the number of official statistics on the loss of life of 1252 insured workers in 2015 seems frightening.
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Chapter 14. Illness Insurance
Abstract
Besides affecting the health status of the individual, illnesses also adversely affect the economic situation of the individual. In this sense, the temporary incapacity to work caused by the illness prevents the person from working and therefore making income from the professional activity and causes the person to make expenses such as medicine, doctor and hospital expenses. In this respect, illness insurance aims to eliminate the negativities through health and money aids to provide protection against disease risk.
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Chapter 15. Maternity Insurance
Abstract
The event of birth brings with it some of the expenses that are not considered as usual before and after birth and also causes loss of income due to the insured mother’s inability to work for a certain period of time. As it is difficult for the insured to cover these cost increases and income losses by their own means, maternity insurance aims to eliminate the aforementioned increases and losses through the aids provided.
Tankut Centel
Chapter 16. Disability Insurance
Abstract
The basis of the idea of monthly allowance due to disability lays in the purpose of financial support to the insured who has lost some or all of the capacity to work and whose economic situation is therefore disrupted. Accordingly, for the insured, which cannot work due to his/her crippling condition and is deprived of his/her income, this lost income is provided from the long-term insurance branch and during the continuation of the disability.
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Chapter 17. Old-Age Insurance
Abstract
Old-age insurance is one of the long-term insurance branches, such as disability and death insurances. According to this, old age insurance aims to provide the insured person who loses capacity to work due to reaching a certain age with the opportunity to withdraw from working life and live without having to work and to rest.
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Chapter 18. Death Insurance
Abstract
Death insurance is covered in long-term insurance branches. Accordingly, the dependents of the insured are socially secured against the death of the insured.
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Chapter 19. Unemployment Insurance
Abstract
Establishing assurance against the risk of unemployment is included in the social security system. In fact, art. 25 para. 1 Universal Declaration of Human Rights - the United Nations (1948) states that everyone has the right to security in the event of unemployment. Similarly, the European Social Charter (Revised) - Council of Europe to which Turkey is also a party, states that all employees have the right to protection in the event of termination of the employment contract (art. 24).
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Chapter 20. Aids for Civil Servants of Pre-SIGHIA
Abstract
In the period preceding SIGHIA, the social security of civil servants and other public officials was provided primarily through Retirement Fund Act No. 5434 and Retirement Fund. After SIGHIA came into force, a painful process was experienced in relation to Act No. 5434.
Tankut Centel

General Health Insurance

Frontmatter
Chapter 21. General Health Insurance Coverage
Abstract
The determination and management of health policies in Turkey has a fragmented appearance. Accordingly, different institutions have undertaken different tasks in the field of health. As a matter of fact, although the basic task is convened in the Ministry of Health, it is seen that various public institutions and private organizations are active in health services.
Tankut Centel
Chapter 22. Health Services Provided by General Health Insurance
Abstract
The content of health services is determined depending on the purpose desired to be provided by these services. The purpose of health services is to ensure that the general health insured and the dependents remain healthy, regain their health if they become ill, to provide the necessary health allowances in case of occupational accident, occupational disease, disease and maternity, to eliminate or to reduce their inability to work and help them start working again (art. 63 para. 1 SIGHIA).
Tankut Centel
Chapter 23. Benefiting from Health Services
Abstract
The rate of premium to be paid to benefit from the general health insurance is 12.5% of the premium earnings for insured workers, independent workers, public officials and insured taken to countries where there is no social security contract with Turkey for employment. 5% of this is paid by the insured and 7.5% by the employer (art. 81 para. 1/f SIGHIA).
Tankut Centel

Complementary Social Security Institutions

Frontmatter
Chapter 24. Charity Funds
Abstract
Act No. 151 dated 10/9/1921, adopted before the proclamation of the Republic and one of the two major laws regarding labour in this period, addressed the working conditions of mine workers in the Zonguldak Eregli coal basin. Art. 4 Act No. 151 has foreseen that the accumulated and charity funds to be established by the workers would provide cash aids not less than one percent of all salaries of the workers employed by the mine employers.
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Chapter 25. Private Pension System
Abstract
The private retirement fund system in Turkey was put into effect as of 2001 with the Private Pension Savings and Investment System Act No. 4632. This system, as a complement to the public social security system, aims to provide an additional income to individuals during retirement by directing their savings for retirement towards investment. Thus, the welfare of the retired individual will be increased and at the same time, a long-term resource will be created to increase employment and contribute to the economy.
Tankut Centel

Non-contributory Regime

Frontmatter
Chapter 26. Social Assistances
Abstract
The main feature of the social assistances is the idea of providing money to Turkish citizens in need of assistance from the State budget.
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Chapter 27. Social Services
Abstract
Social Services Act No. 2828 defines social services as the whole of systematic and programmed services aimed at eliminating the material, abstract and social deprivations arising out of personal and environmental conditions of individuals and families arising out of their control, meeting their needs, preventing and solving their social problems and improving and elevating their living standards (art. 3 para. 1/a SSA).
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Concluding Remarks

Frontmatter
Chapter 28. General Evaluation of the Turkish Social Law System
Abstract
The social security system in Turkey seems to have adopted the Bismarck model for the most part. However, apart from this premium-based social insurance model, it is seen that non-premium regime institutions are also included.
Tankut Centel
Metadata
Title
Turkish Social Law
Author
Tankut Centel
Copyright Year
2021
Electronic ISBN
978-3-030-64704-9
Print ISBN
978-3-030-64703-2
DOI
https://doi.org/10.1007/978-3-030-64704-9