THE EMPLOYER WHO GIVES LOW WAGE NOTICE TO SSK IS FINED

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THE EMPLOYER WHO GIVES LOW NOTICE TO SOCIAL SECURITY INSTITUTE LIGHTS UP

Informing the SSK of the wage given to Turkish and Foreigner employees in Turkey, at the minimum wage level harms both the employees and the SSI. In case of detection of this situation, the employer is forced to pay the missing amounts to the SSI with a delay increase and a fine.

Although informal employment has decreased, unfortunately, the problem of reporting low wages to the SSI is still ongoing. Reporting an employee to SSI for low wages, which is at least as important an issue as working without insurance, harms both the employee and the SSI. Unfortunately, many Turkish employers do not realize how big a risk this is.

A significant part of the employees are insured, but the SSI is informed not about their real wages, but about the minimum wage. In other words, the employee receives a salary of 6 thousand TL, but the SSI is informed of 5.004 TL. In addition, the minimum wage of employees’ salaries is paid from the bank, and the rest is paid by hand. Employers with five or more employees have to pay the wages through the bank. Therefore, the minimum wage of wages is paid from the bank, the rest is paid by hand. In this way, the employer makes his employee insured for a low salary without leaving any evidence. As for the employee, the consequences of this situation are very grave.

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THE PENSION IS GETTING LOW

The biggest problem for a person who, although he does not work from the minimum wage, is reported to SSI over the minimum wage is the low level of his pension. In addition, when a person receives a report, they also receive less report money than they should. Another result is that the amount of premiums collected from the point of view of SSI remains low. When the employer pays a low premium, the SSI’s premium income also decreases. In other words, missing notification is a problem not only for the person whose premium is reported missing, but also for all employees. An employee who has agreed to become an SSI on the minimum wage steals from today as well as from tomorrow. When he gets sick, when he is unemployed, the money he receives from the state is low. Unemployment and report money are calculated in proportion to the premium reported to the SSI. As a result, the unemployment benefit and the report money of the employee who is reported to the SSI as low are low. The most important problem is that the employee who is reported to SSI for a low pension also has a lower pension than necessary when he retires.

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FOLLOW US ON E-GOVERNMENT

Employees should often follow up on the E–Government whether employers have deposited an insurance premium on their behalf and at what rate they have been shown insured. By doing this check, they can notice the situation and take the necessary measures. An employee who notices this situation can issue a warning to the employer, as well as use complaint channels such as ALO 170 and CIMER. The employee will also not have risked his job because it is not mandatory to give names when using the complaint channels.

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COMPENSATION SHOULD BE REQUESTED

Employees who have not been notified to SSI about their real wages can rightly terminate their employment contracts and receive their severance pay. Employees in this situation should first draw a warning to the employer, and if the employer still continues to notify the SSI about the minimum wage, they should resign and go to the mediation, then to the court. In many of its decisions, the Supreme Court rules that an employee who has not been notified to the SSI about his actual salary can resign and receive severance pay. In other words, employees can get their severance pay if they first warn the employer and then resign because they have not been notified to the SSI over their actual pay. However, for this, the mediator and the court process must be completed.

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THERE IS A HIGH FINE

For this reason, the employer who reports the wages of his workers to the SSI as incomplete gets into serious trouble. Firstly, this situation gives employees the right to leave work by receiving severance pay. That is, the Turkish employer is forced to pay compensation to his employee who does not agree to be paid wages in this way. In addition, if this situation is determined, the employer is forced to pay both the amounts he has paid incompletely to the SSI, and also incur late increases and penalties related to these amounts. In addition, it pays an administrative fine for making these retroactive notifications. Therefore, incomplete notification of Turkish employer is becoming a big problem.

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