Service Determination Case
As a rule, employers are prohibited from employing uninsured workers. Since insurance is the social security of the employee, the legislator has stipulated an obligation in this respect against the possibility of abuse of this situation by the employer and stipulated a certain sanction in case of non-compliance with the rule by the employer. Nevertheless, in practice, unfortunately, workers are employed without being insured or under-insured for various reasons. It is possible for workers who cannot object to this situation while they are working to file a lawsuit in order to ensure that their retrospective insurance is paid after leaving the job through a service determination lawsuit. The service determination lawsuit is a lawsuit filed by the employee, who is employed without insurance notification and without paying premiums, in order to compensate for this period of uninsured work as if he worked with insurance.
The Worker Who Wants to File a Service Determination Lawsuit,
The defendant must ensure that the workplace is one of the workplaces that meets the requirements of the provisions of the Social Security and General Health Insurance No. 5510.
The service must have been performed by the plaintiff worker without insurance and this situation must not have been previously determined by the SSI.
The subject of the lawsuit regarding the service determination case must be long-term insurances.
The worker must file the lawsuit within the 5-year period. (There are exceptions.)
The plaintiff worker who files a service determination lawsuit is obliged to prove the dates and work he claims to have worked. Witness statements are of serious importance in determining and proving this issue. The proof in the service determination case may be possible with the testimony of the plaintiff worker, the testimony of his/her co-worker or the testimony of the worker or workers working in the neighboring workplace. In practice, the courts ex officio select 4-5 payroll witnesses (the number of witnesses may increase or decrease depending on the length of service) to be heard in the case and invite them to the hearings.
The employee who files a service determination lawsuit (if the employee is deceased, his/her legal heirs – mother, father, spouse, sibling, etc.) file the lawsuit against the employer, and if there is more than one employer, against each of them.