THE CASE OF SERVICE DETERMINATION

As a rule, the employer is prohibited from employing uninsured workers. Since insurance is a social security of the employee, in case of abuse of this situation by the employer, the legislator has provided for an obligation in this direction and has provided for a certain sanction if the rule is not followed by the employer. Nevertheless, in practice, unfortunately, workers are employed without insurance for various reasons or with notification of missing insurance. It is possible for employees who cannot object to this situation while working to file a lawsuit in order to ensure that their retrospective insurance is deposited after leaving work with a service determination lawsuit. A service determination lawsuit is a lawsuit filed by an employee employed without an insurance notice and without investing premiums in order to compensate him for this period of time that he works without insurance, as if he worked with insurance.

A Worker Who Wants to File a Service Determination Lawsuit,

The respondent must ensure that the place of work is one of the places of work that meets the requirements in accordance with the provisions of Social Insurance and General Health Insurance No. 5510.
The service must have been considered uninsured by the plaintiff employee and, in this case, has not been previously identified by the SSI.
The subject of the lawsuit related to the service detection case should be long-term insurance.
The employee must open the case within the 5-year period.(There are exceptional cases.)
The plaintiff employee who has filed a service determination case is obliged to prove the dates and work that he claims to be working. Witness statements are of serious importance in determining and proving this issue. Proof in the service detection case may be possible with the testimony of the plaintiff’s employee, the colleague he works with, or the testimony of a worker or workers working at a neighboring workplace. In practice, the courts may increase or decrease the number of witnesses according to the length of service by 4-5 (re’sen to be heard in the case. ) payroll invites you to hearings by selecting a witness.

The employee who has filed a service determination lawsuit opens the case (if the employee has passed away, his legal heirs – mother, father, wife, brother, etc.-) against the employer, and if the employer has more than one, each of them.