TOĞAN LAW OFFICE
INCOMPLETE INSURANCE PREMIUMS
Rights Demanded by the Worker Who Misses Insurance Premiums
It is obligatory for the employer to be fully insured by the employer until the day he leaves, including the day he enters the job. The employer should deposit the insurance premiums to the relevant institution by calculating the gross amount received by the employee over his real salary. In practice, it is seen that these premiums, which must be fully paid, are shown at a minimum wage and are reported lower than the amount that should be reported to the SSI. It is undoubtedly that this situation causes great victimization to the workers, even though the workers remain silent for the most part.
Inadequate payment of insurance premiums is one of the biggest problems of employees today. Employees whose insurance is shown to be low, rather than the actual wage, may wish to terminate their employment contracts for justified reasons and claim their severance pay and other receivables, if any. In the case of consensus by the established Supreme Court jurisprudence, the worker has the right to terminate rightfully in case the insurance premiums are not paid at all, incomplete deposits or low wages.
Employees may not be entitled to indemnity indemnity in case of termination of the employment contract for the right reason, but they can also claim that they will receive severance pay, overtime wages, national holiday and general holiday wages in exchange for at least one year of work. In this case, it is important that the reasons for the termination to be made for the right reason are notified in writing, and the most guaranteed way is through the Notary Public and the receivables are requested. In the event that no payment is made, the receivables of the worker should be collected by linking the claim to the proceedings.
The biggest victimization experienced in low insurance premiums is that the worker will receive a lower pension than required. As a result of the complaint to be made to the SSI for the elimination of this victimization, the official shall be notified by taking into consideration the part of the one-year period retrospectively as a result of the actual determination to be made in the workplace by the officers. In addition to this, starting from the end of the year in which the service they worked for, by applying to the labor court within five years, the monthly earnings totals calculated as a result of the announcement and the number of premium payment days are calculated and notified to the SSI.
Since severance pay and other receivable items can be determined by peer wage surveys and witness statements, it is a great advantage for the employer in front of the employer to prevent the SSI premiums from being underpayed.