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FOREIGN NATIONALS INSURANCE WHO WORK IN TURKEY
The Social Security Institute of Turkey SGK by its very nature, is affected by social events. A growing world population and events occurring around the world sometimes make it necessary for people to leave their countries, live and work in foreign countries for economic, social and political reasons. From the point of view of Social Security, countries must shape their legislation in this direction, since the legislation of the country studied is valid.
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“Social Security practices in Turkey are regulated under the Social Insurance and General Health Insurance Law No. 5510 (“Law No. 5510″) ”
1. Social Security can be defined as programs carried out by governments that protect individuals against causes that cause loss or loss of earnings or require certain expenses, such as marriage, birth, death
2. The increase in people emigrating for economic, social and political reasons also brings with it the problem of insurance of foreign nationals.
The presence of foreign nationals working in Turkey also reveals the need for regulations on foreign nationals in the Turkish social security legislation.
In this study, the processes related to the Social Security rights and insurance of increasing foreign employees in Turkey are discussed and the rights recognized by the legislation to foreign citizens and the responsibilities imposed on employers will be included.
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1. INSURANCE OF FOREIGN NATIONALS
Turkish social Insurance and General Health Insurance Law No. 5510 No. 4. those who are regarded as the insured item, 6. in the article, provisions relating to those who are not considered insured are included.
6 of the law No. 5510 entitled “those who are not considered insured”. in the article “International Social Security agreements, without prejudice to the provisions of, and on behalf of that organization established by any organization into account in a foreign country, not to exceed three months in Turkey and in foreign countries that is sent in for a job subject to social insurance in Turkey with people who certifies on its own behalf and independent workers from the Social Security Legislation of the country into account those who are residing abroad and subject to the insured that are not included in indicated.
Accordingly, foreign nationals working with the service contract, except those who are nationals of the country in which the International Social Security contract has been concluded on the basis of reciprocity, are considered insured in accordance with the provisions of Paragraph 4 (A) of law 5510.
In the evaluation of the insurance of foreigners working in our country, there are four different situations.
1) Foreigners Working By Obtaining A Work Permit
Foreigners covered by the International Labour Law No. 6735 (“Law No. 6735”)3 are prohibited from working or working in Turkey without a work permit. Foreigners must obtain permission before starting working with an employer in Turkey or on their own behalf and account, unless otherwise stipulated in bilateral or multilateral agreements to which Turkey is a party for.
2) Employees In The Nationality Of The Country Who Have A Social Security Contract With Our Country Without Obtaining A Work Permit
Nationality of foreign workers, the country has a social security agreement with our country and with foreign people in their country if the person is subject to insurance contracting established in the country by the organization in order to perform a specific job are temporarily sent to the country is under contract during the period, it is possible to work without a work permit for the foreigner.
3) Employees In The Nationality Of The Country Who Do Not Have A Social Security Contract With Our Country Without Obtaining A Work Permit
In the absence of a social security contract between the country in which the foreign employee is a national and our country, the person does not need to be insured for three months if the foreigner is sent to Turkey by any organization in his country, on behalf of that organization and on account for a job not exceeding three months, and if he is insured in the foreign country and documents it. These employees will be considered insured from the day following the last day of the third month in which they start working.
4) Employees Who Are Within The Scope Of Exemption According To The Implementing Regulation Of The Law On Work Permits Of Foreigners
13 of law 6735. foreigners who are covered by a work permit exemption in accordance with the article can work, provided that they receive a work permit exemption. 55 of the Implementing Regulation of the law on work permits of foreigners. the item was counted. Among those who are exempt from work permits under bilateral or multilateral agreements to which Turkey is a party, foreigners whose permanent residence is abroad, who will temporarily come to Turkey for less than one month for scientific, cultural and artistic activities, for less than four months for sporting activities, and the installation, maintenance and repair of machinery and equipment imported to Turkey, “a total of three months within one year from the date of entry to Turkey” and this situation can be considered arrivals provided that they prove it with the documents they will submit for the purpose of providing training on their use or taking delivery of equipment or repairing vehicles that have failed in Turkey.
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2. INSURANCE OF FOREIGN NATIONALS EMPLOYED IN DOMESTIC SERVICES
In accordance with the “additional Article 9” added to the law No. 5510, foreign citizens can work insured in home services for 10 days or more.
Since the employment of foreigners in our country depends on the work permit, real person employers must also add the work permit of insured persons to the declaration when applying with the “Declaration on those who will work for 10 days or more insured in Home Services”. Foreign nationals cannot be employed in home services for less than 10 days, and provisions on employers who work insured for 10 days or more in home services for foreign nationals who have been found to be employed in this way will apply, and the number of working days per month will be taken as 30 days.
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3. WORK PERMITS OF FOREIGNERS PROVIDED WITH TEMPORARY PROTECTION
91 of the law on foreigners and international protection No. 6458 (“Law No. 6458”). in accordance, he was forced to leave the country, he left the country, unable to return to emergency and temporary protection on our borders to foreigners from our borders in the aggregate in order to find or last temporary protection can be provided, if in our country the adoption of these people stay in the country, with the rights and obligations outputs are regulated by the Council of ministers.
4 Of The Regulation On Work Permits Of Foreigners With Temporary Protection in Turkey. foreigners provided with temporary protection cannot work and work in our country without a work permit, an administrative fine will be applied in accordance with the provisions of law 6735 on foreigners without a work permit and those who work them; 5. foreigners provided with temporary protection in the article can apply to the Ministry of Labor and Social Security to obtain a work permit six months after the date of registration of temporary protection, foreigners who will work in seasonal agriculture or livestock work are covered by the work permit exemption, applications for exemption will be made to governorates.
Law No. 5510 No. 4. Paragraph (A) according to the service contracts that are subject to one or more insured employers and foreigners in our country, they are regarded as employees employed by an employer with about the same provisions are applied like temporary protection on the identification of other foreign nationals, it is certainly a work permit must be obtained.
As a result, increased human mobility around the world for different reasons has been instrumental in each country creating its own legislation on foreign employees. Accordingly, the insurance of foreign nationals working in Turkey is regulated by different laws, regulations and circulars, and the relevant legislation is renewed and developed in accordance with the requirements.
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Turkey's world-renowned organ transplant specialist. Dr. Demirbaş has 104 international publications and 102 national publications.
Physician's Resume:
Born on August 7, 1963 in Çorum, Prof. Dr. Alper Demirbaş has been continuing his work as the President of MedicalPark Antalya Hospital Organ Transplantation Center since 2008.
Prof. who performed the first tissue incompatible kidney transplant in Turkey, the first blood type incompatible kidney transplant, the first kidney-pancreas transplant program and the first cadaveric donor and live donor liver transplant in Antalya. Dr. As of August 2016, Alper Demirbaş has performed 4900 kidney transplants, 500 liver transplants and 95 pancreas transplants.
In addition to being the chairman of 6 national congresses, he has also been an invited speaker at 12 international and 65 national scientific congresses. Dr. Alper Demirbaş was married and the father of 1 girl and 1 boy.
Awards:
Eczacibasi Medical Award of 2002, Akdeniz University Service Award of 2005, Izder Medical Man of the Year Award of 2006, BÖHAK Medical Man of the Year Award of 2007, Sabah Mediterranean Newspaper Scientist of the Year Award of 2007, ANTIKAD Scientist of the Year Award of 2009, Social Ethics Association Award of 2010, Işık University Medical Man of the Year Award of 2015, VTV Antalya's Brand Value Award of 2015.
Certificates:
Doctor of Medicine Degree Hacettepe University Faculty of Medicine Ankara, General Surgeon Ministry of Health Turkey EKFMG (0-477-343-8), University of Miami School of Medicine Member of Multiple Organ Transplant, ASTS Multiorgan Transplant Scholarship. Lecturer at Kyoto University. Lecturer at University of Essen, Research assistant at the University of Cambridge .
Professional Members:
American Society of Transplant Surgeons, American Transplantation Society Nominated, Middle East and Southern Africa Council Transplantation Society 2007, International Liver Transplantation Association, Turkish Transplantation Association, Turkish Society of Surgery, Turkish Hepatobiliary Surgery Association.
Disclaimer:
Our website contents consist of articles approved by our Web and Medical Editorial Board with the contributions of our physicians. Our contents are prepared only for informational purposes for public benefit. Be sure to consult your doctor for diagnosis and treatment.