Termination of the employment contract : Obligation to apply to the Social Security Institution (SGK) in Turkey
The Labour Courts Law No. 7036 stipulates that in disputes arising from the Social Security in Turkey and General Health Insurance Law No. 5510, it is necessary to apply to the social security institution before filing a lawsuit.
According to Article 4 of the Law, in disputes arising from the Social Security and General Health Insurance Law No. 5510 and other social security legislation in Turkey, it is mandatory to apply to the Social Security Institution before filing a lawsuit, except for the requests for the determination of the compulsory insurance periods due to their work subject to the service contract. Without prejudice to the periods stipulated in other laws, if the Institution does not respond to the application within sixty days, the request will be deemed rejected. In order to file a lawsuit against the Institution, the claims must be rejected or deemed rejected.
The time to be spent in the application to the Institution shall not be taken into account in the calculation of statute of limitations and forfeiture periods.
In the lawsuits filed against the employer with the request for the determination of the compulsory insurance periods due to their work subject to the service contract, the case will be notified to the Institution ex officio. Upon notification, it is possible for the Institution, which participates in the lawsuit as an accessory intervener alongside the defendant, to apply for legal remedy even if the party does not apply. The Institution is obliged to implement the judgement after it is finalized.
Reminder :
How does the health system work in Turkey?
Managed by the Sosyal Guvenlik Kurumu (SGK), the universal health insurance system (Genel Sağlık Sigortası) provides full coverage of the health expenses of nationals and permanent foreign residents under certain conditions:
if they are employees of a Turkish company, civil servants or self-employed;
if they belong to certain specific categories (low-income households, refugees, etc.):
in other situations, if they wish to voluntarily contribute to the SGK.
