Insured status and service determination
Unreported periods of work, missing premium days, the start of insurance and records of actual earnings.
Service determination casesSocial security law and SGK litigation extend from the recording of periods of work to retirement, and from health benefits to premium and sanction disputes. Two letters from the same Institution may require different courts and different time limits. In the first review, the date of notification, the insured status and the period legislation to be applied matter as much as the name of the action.
Güneş & Güneş Law Firm provides legal services to insured persons, retirees, beneficiaries, employers and contracted institutions at the stages of SGK application, objection, litigation, legal remedies and implementation of the decision. In the file, it is made concrete which record is to be corrected, which action is to be set aside or which payment is to be made. Representation of parties whose interests conflict in the same dispute is not undertaken.
Unreported periods of work, missing premium days, the start of insurance and records of actual earnings.
Service determination casesRetirement conditions, disability, pension calculation, widow’s and orphan’s pensions, and deduction actions.
Retirement disputesHealth benefits, medication and treatment costs not covered by SGK, and requests for necessary interim measures.
Health entitlement and medication casesEstablishing the event, incapacity-for-work income and Institution actions; coordination with compensation claims.
Social security rightsBağ-Kur and general health insurance (GSS) debts, payment orders, administrative fines, attachment and Institution receivables.
Debt and payment order reviewSGK inspections, minimum labor (asgari işçilik), incentives, recourse actions and contract disputes of health institutions.
Services for employers“Suing SGK” does not describe a single procedure. Application to the Institution, internal objection to the Institution, the judicial courts and the administrative courts are distinguished according to the subject of the file. In unemployment benefit, the Turkish Employment Agency (İŞKUR), and in non-contributory social assistance, the competent institution that issued the act is taken into account.
On a narrow screen, you can scroll the table horizontally to see the other columns.
| Dispute | Route of application and court | Key distinction |
|---|---|---|
| Service determination | As a rule, an action against the employer in the labor court; ex officio notification to SGK. | It is an exception to the mandatory prior application to the Institution under Article 4 of Law No. 7036. It is not the same as an employee claims action. |
| Retirement, income and health benefit | Depending on the scope of the dispute, first an application to the Institution; under the general regime, the labor court. | Special time limits and exceptions are reserved. The status of the public official and the subject of the claim are examined separately. |
| SGK administrative fine | Objection to the Institution under Article 102 of Law No. 5510; after rejection, the administrative court. | A premium debt, a payment order and an administrative fine are not the same act. |
| Payment order for an SGK premium receivable | A special collection regime under Article 88 of Law No. 5510 and Law No. 6183; the labor court with subject-matter jurisdiction. | The grounds of objection and the short time limit for bringing an action are separate. Filing an action does not by itself stop collection. |
| Retirement act of a public official | Administrative-court distinction for disputes remaining within Law No. 5434 and provisional Article 4 of Law No. 5510. | Not every 4/c file falls within the same line of jurisdiction; the date of first participation (iştirakçilik) and the transitional provisions matter. |
| Contract of a health institution or pharmacy | Application and action according to the nature of the contract, protocol, act and claim. | The patient’s health benefit claim is distinguished from the institution’s invoice, penalty or termination dispute. |
Preserve the notification envelope, the electronic notification record and all pages of the act. A consultation request does not take the place of a legal application and does not stop time limits.
An upcoming treatment date, a medication that is not covered, a discontinued health benefit, a payment order that has been served or an attachment action should be stated in the first assessment. An interim injunction and a stay of execution are different procedures; the appropriate request is prepared according to the court with subject-matter jurisdiction. Making a request does not by itself produce payment or a stay.
We do not assess a social security file only through a service record or a debt notice. The real nature of the work, the periods, earnings, health data and the basis of the Institution’s action are reviewed together. A claim against SGK, a receivable or compensation claim against the employer, and a public official’s administrative dispute are kept separate.
After the first review, the necessary documents, procedural risks and the order of actions are explained. In employer files, in addition to the existing dispute, the sources of notification, premium, incentive and inspection risks are investigated. The client is informed about important developments, the effect of the decision and dates requiring action.
First insurance, 4/a–4/b–4/c records, earlier laws and transitional provisions are determined.
The Institution letter, calculation, inspection or reasoning for rejection is separated out; the desired legal outcome is clarified.
Notification, prior application, objection, the court with subject-matter jurisdiction and any need for interim protection are checked.
Service, payroll, bank, health and workplace records are assessed with an expert review suited to the file.
Depending on the specific case, the Institution application, defense, litigation, appeal and appeal to the Court of Cassation are carried out.
The service record, commencement of the pension, payment, debt correction and post-decision applications are followed.
You can review our service areas under the main and detailed headings below. The same type of action, evidence or time limit is not used for every request. The law to be applied is determined according to the date of the work, the event, the act or the application.
The general provision in Article 86 of Law No. 5510 provides for a five-year preclusive period from the end of the year in which the service was performed for service that has not been reported to the Institution and has not been determined by the Institution. Notifications, the Institution’s records and determinations, and case law relating to the specific case may affect the application of the period. Not every service determination claim is assessed merely by counting five years on the calendar.
An action for severance, notice pay or wages does not by itself correct the service record. The length of the work and the amount of the earnings may require different evidentiary assessments; period payrolls, the scope of the workplace and which period the witnesses know about are checked.
An overlap of 4/a, 4/b and 4/c records or a combination of service periods does not mean that every period converts into the same status. Actual work, company shareholding, tax or chamber registration and public duty are examined on separate bases. Where insured status is alleged to be sham or not based on actual work, the findings and the defense documents are assessed together.
A purchase does not move the start of insurance to an earlier date in every case. Whether the purchased period falls before or after the start, the type of purchase and the relevant insured status change the outcome. The current amount and payment period are verified on the date of the transaction; no single purchase option is recommended without seeing the file.
Under-reporting of days and showing a lower wage are different disputes. In determining the actual wage, the employment contract, payroll, bank payments, the nature of the work, seniority and written records are assessed. Not every wage or fringe benefit enters the premium base in the same way.
The evidentiary regime and monetary limits are taken into account; it is not assumed that every earnings amount can be proved by witness testimony alone. The effect of an earnings correction on the premium and on the retirement pension calculation is also examined separately.
Having an SGK registration number and a first job subject to the long-term insurance categories are not the same thing. Records that mostly provide short-term protection under an internship or apprenticeship do not by themselves constitute the start of retirement.
The legal nature of the record, the work performed, actual work, the premium category and special statutory provisions are examined. Whether there is a genuine service relationship in addition to the internship record, or whether a different special regulation should be applied, is assessed according to the file.
In the retirement review, the first date, age, insurance period, premium days, status and date of application are assessed together. In the pension calculation, the earnings of different periods and the calculation rules are separated. The conditions for an old-age pension on grounds of EYT (emeklilikte yaşa takılanlar; insured persons affected by the age requirement), invalidity (malullük) or disability are not used in place of one another.
Invalidity, an old-age pension on grounds of disability and loss of earning capacity in the occupation arising from a work accident are different regulations. The rate stated in a hospital report does not by itself give rise to a pension or income right at the same rate; the assessment of the competent Institution and the other insurance conditions are examined.
After the amendment dated January 15, 2025, it is not assumed that the former tax reduction route in retirement files based on disability is valid for every new application. The date of application, the existing pension, loss of working capacity and the transitional provisions are assessed within the framework of Article 28, Article 94 and provisional Article 10 of Law No. 5510.
The start of entitlement, the law applicable on the date of death and each beneficiary’s personal situation matter. A single list of common conditions cannot be used for a widow’s pension, an orphan’s pension and a parent’s pension; discontinuation and recovery actions taken because of changes in circumstances are also examined separately.
Under Article 96 of Law No. 5510, a payment arising from the person’s intent or fault is distinguished from a payment arising from the Institution’s error. The retroactive ten-year and five-year payment scopes in the provision are not used on their own as a general statute of limitations rule. In the case of an Institution error, the interest-free period provided for payment within 24 months of notification, and the calculation of interest after that period, are checked separately.
Provisional Article 95 of Law No. 5510 introduces a regulation on the age requirement for earlier insured persons within its scope. The removal of the age requirement does not remove other conditions such as premium days and insurance period. The EYT label does not by itself show a pension right.
The date of first long-term insurance, the effect of a purchase, 4/a–4/b–4/c services, the status determination rule and the date of application are assessed together. In a combination of service periods, the same “last years” calculation is not applied automatically to every file; the first insurance and the transitional regime matter.
The income SGK awards or the allowance it pays and the pecuniary and non-pecuniary damages that can be claimed from the employer are not the same claim. The nature of the event, insured status, fault, the rate of incapacity, payments subject to recourse and the related actions are handled together; no duplicate payment calculation is built for the same loss.
The conditions of temporary incapacity allowances arising from sickness, maternity and work accidents are not the same. Rest reports, notifications, the premium condition, work during the rest period and earnings data are compared according to the cause of the dispute.
The scope of general health insurance, the income test, the premium obligation and the conditions for benefiting from health services are separate topics. The existence of a debt does not give rise to the same result for every service. Without checking the relevant period, status, exception and temporary regulation, no general conclusion about entitlement or cancellation of the debt is drawn.
In the case of cancer drugs, immunotherapy or other treatment expenses, legal review cannot rest on the name of the drug alone. The physician’s report, medical necessity, the treatment plan, alternatives, the relevant permits, the prescription and SGK’s reasons for rejection are assessed together. A permit for use or a prescription does not by itself make the Institution’s payment obligation final.
Depending on the court’s subject-matter jurisdiction and the procedural conditions of the file, an action and a request for interim legal protection can be prepared. It cannot be said that every drug will necessarily be covered through the courts or that an injunction will certainly be granted. The medical treatment decision is made by the physician.
Not all of these benefits are administered by SGK. Filing a standard SGK action without determining the administration that issued the rejection or discontinuation act, the social solidarity unit and the special regulation may not be correct.
The basis of the premium debt and an objection to the collection action must be set up separately. The principal premium, the late-payment penalty/surcharge, the periods, earlier payments and the responsible person are compared. A restructuring or reduction is assessed only if the conditions of a provision in force exist; it is not presented as if there were a permanent debt amnesty.
In the employer review, payroll and bank flows, the premium base, the reason for missing days, the subcontracting relationship, incentive conditions and transfer records are checked together. The risks identified are reported by action and period; the effect of a corrective notification on an existing inspection or action is assessed.
In the minimum labor calculation, the type of work, tender or construction data, the labor rate, invoiced works, declared premiums and set-off conditions are compared. It is not assumed that the same objection procedure applies to an inspection report, a premium accrual and an administrative fine.
Under Article 102 of Law No. 5510, an objection to the Institution stops the collection proceedings; the administrative court action following rejection of the objection does not by itself stop collection. The discount for timely up-front payment and the effect of making a payment on the right to object or to bring an action are assessed separately; up-front payment under the law does not remove the right of application.
In the Institution’s recourse claim, the event, the ground of liability, fault or the conditions of statutory liability, adequate causation and the limit of the amount that can be claimed are examined. The assessment in a recourse action and the injured person’s compensation claim against the employer do not have the same calculation and the same arrangement of parties.
The combination of service periods under a social security agreement and the purchase of service abroad under Law No. 3201 are different actions. Under the current regulation, the treatment of purchased periods under 4/b, transitional provisions and the agreement-specific first-entry rules may affect the retirement conditions.
The effect of working abroad or receiving residence-based social assistance on the pension is examined according to the nature of the activity, the country and the exceptions. The “permanent return” condition is not interpreted solely as physically settling in Türkiye; the short-term work exception in the law is not overlooked either.
The court with subject-matter jurisdiction is not selected without determining the date of first participation, the scope of Law No. 5434 and provisional Article 4 of Law No. 5510. The same 4/c designation does not show that all retirement disputes of public officials will be heard in a single line of jurisdiction. Duty-related invalidity, the retirement lump sum and the supplement for actual service period are examined according to the specific claim.
Article 48 of Law No. 4447 provides, for the unemployment benefit, for an application to İŞKUR within 30 days from the day following termination of the employment contract. Delay other than for force majeure is deducted from the total duration of the benefit earned. This application period is not confused with an action against a rejection act or with the mediation period for employee claims.
A work permit and a social security obligation are separate regulations. The foreign employee’s actual work in Türkiye, the employment relationship, the bilateral social security agreement and the temporary assignment certificate are examined together.
Being insured in a foreign country does not in every case provide an exemption from premiums in Türkiye. The validity period of the certificate, extension, the risk of double premiums, workplace notification and correspondence with the authority of the relevant country are handled according to the scope of the file.
In a dispute involving a hospital, pharmacy, optician or medical supplier, the period of the contract, the protocol provision, invoice and MEDULA records, inspection findings and the calculation of the deduction/penalty are examined. A contractual sanction, an administrative act and a link to a criminal investigation are separated; the court with subject-matter jurisdiction is determined according to the type of act.
In a payment order, the period, type, amount and notification of the debt and the person shown as debtor are checked. The grounds for action stated in Article 58 of Law No. 6183 that the debt does not exist, has been partly paid or is time-barred, and the special time limit, are assessed together with Article 88 of Law No. 5510.
The basis of liability is not the same for a company shareholder, a legal representative and a senior manager. The term of office, the authority to represent and the dates on which the debt arose and fell due matter. An action against a payment order, an attachment action, a deferment request and an objection to the accrual are not merged under a single heading.
A prior application to the Institution under Article 4 of Law No. 7036 as a rule requires an action to be filed after the request is rejected or deemed rejected; special time limits in other laws are reserved. The service determination action specified in the law is an exception to this mandatory prior application. The effect of the time spent in applying to the Institution on the statute of limitations and on preclusive periods is examined according to the scope of this provision.
An application to SGK and mediation are not the same procedure. The condition precedent to litigation provided for employee claims is not applied automatically to service determination and social security right disputes. The exception in Article 3 of Law No. 7036 is also taken into account for work accident or occupational disease compensation and the related recourse actions.
The type of the decision, its notification, whether it needs to become final, and the availability of the legal remedy are assessed. Recording the service period, starting or recalculating the pension, removing the debt and paying the health expense are not the same implementation action.
For monetary receivables awarded against SGK, the documented written application and the 30-day payment period under Article 36 of Law No. 5502 are taken into account; enforcement cannot be sought before this period has passed. The calculation, interest, set-off, finality and the scope of the decision are checked against the specific ruling.
Are the first date, the actual work, the 4/a–4/b–4/c overlaps and the transitional provisions correct?
Will the request be directed to SGK, İŞKUR, another administration or the employer?
Have the prior application, the objection to the Institution and the action been separated from one another? What does the earlier reply say?
Are the notification, the special time limit, the court with subject-matter jurisdiction and the need for interim protection determined?
Are the service, wage, health and inspection records consistent? Which calculation or finding is in dispute?
Is the request for a record correction, a pension, payment, cancellation or release from a debt clear? How will the decision be implemented?
In the first meeting, it is enough to state which act you have encountered, when it was served and what you are requesting. Detailed document needs are clarified after the conflict-of-interest check and the engagement. Do not attach images of identity documents or health, bank and service records to a general message to the firm.
Rejection, pension, medical board, debt or penalty letter; payment order; notification envelope and electronic notification record; earlier applications, objections, actions and decisions.
Barcoded SGK registration/service record, job entry declaration or old insurance card; the title, address and working dates of workplaces; payroll, bank, contract and personnel file records.
Work accident report, relevant health report and treatment plan; SGK inspection report and its annexes; premium, pension, invoice or payment calculation. Only records relevant to the file are selected.
Work, residence and foreign insurance documents; any agreement or temporary assignment record; the applicant’s contact and representation details, and translation/certification where required.
An upcoming action or objection time limit, treatment date, attachment or discontinued payment; the chronological order of events, the desired outcome and, if any, information on persons who know the period of work.
Güneş & Güneş Law Firm was founded by attorney Umut Güneş in Kemer on March 18, 1999 and moved its headquarters to Antalya in 2007. With more than 27 years of institutional history, it provides services at the stages of advice, Institution application, litigation, legal remedies and implementation of the decision in social security disputes. Files in all 81 provinces of Türkiye can be planned taking into account subject-matter and territorial jurisdiction, time limits, evidence and conditions of representation.
In a review conducted from the physical headquarters in Antalya, the relevant SGK unit, workplace, witnesses, hospital and court records are taken into account. Online meetings, secure document sharing and any necessary on-site actions are organized according to the needs of the file. The scope of services across Türkiye does not mean that there is a physical office in every province.
Communication in Turkish, English, German and Russian makes it possible to assess the Türkiye-related social security matters of Turkish citizens living abroad, foreign employees and employers. The need for a bilateral agreement, combination of service periods, purchase of periods, translation, certification and correspondence between institutions is determined according to the country and the file. Advice in Türkiye does not mean that there is authority to practice law in a foreign country.
Which of the Institution application, objection, litigation, legal remedies and post-decision actions are included in the engagement is explained at the outset. The attorney’s fee is determined separately from expenses such as court fees, court-appointed expert, notification and translation. Possible exemption from court fees or legal aid is assessed according to the request and the situation of the party; SGK’s exemption does not mean that all applicants are subject to the same expense regime.
The scope of the actions and the method of information are agreed with the client. In the process, the Institution’s records, the evidence, the expert report and the court’s assessment are decisive. Without reviewing the file, no definite outcome of retirement, cancellation of a debt, payment or winning the case is promised.
As a rule, yes, in disputes within the scope of Article 4 of Law No. 7036. The service determination action specified in the law is an exception. Because special acts such as an administrative fine or a payment order have separate time limits and routes, the same sequence of application is not followed in every file.
It comes up in situations such as work actually performed during a period never being reported, or being reported with missing days. The genuineness of the work, the workplace and period records, the time-limit regime and the parties are examined. A wage claim is not the same action.
Not every file can be concluded merely by counting five years. In addition to the general period in Article 86 of Law No. 5510, notifications, the Institution’s findings and case law relating to the specific case are examined. An application should not be delayed on the assumption that an exception exists.
The job entry declaration, actual work, long-term insurance premiums and an internship/apprenticeship record may carry different information. It is determined which insurance category and which actual work the claim about the start rests on.
The record of earnings subject to premiums is compared with the actual wage. Payroll, bank, contract and other evidence are reviewed taking into account the rules of proof and the payments that enter the premium base. The appropriate Institution application and action are set up according to the file.
An internship record under short-term insurance alone does not by itself constitute the start of long-term retirement. The nature of the actual work and any special regulation are also examined separately.
The same result does not arise from every purchase. Whether the period falls before or after the first insurance, the type of purchase, the status and special conditions are examined. The payment amount and its last day are verified against the current Institution action.
No. In addition to the regulation on the age requirement, premium days, insurance period, status and other conditions are checked. The first long-term insurance and the effect of a purchase are particularly important.
Service days, earnings subject to premiums by period, the calculation regime applied and the date of application are compared. Missing records, calculation errors and the effect of service periods under different statuses are separated.
No. Invalidity and an old-age pension on grounds of loss of working capacity are subject to different conditions. The rate in the report, the situation before insurance, premiums and periods, and the assessment of the competent Institution are examined; a single health report does not automatically give a pension right.
After the January 15, 2025 amendment, the date of application and the transitional provisions matter. The former tax reduction route is not applied as is to all new requests; existing pensions and the follow-up examination are also assessed under their own regime.
The route of application and action can be assessed according to the specific conditions. The physician’s report, medical necessity, the current SUT, the relevant permits, the Institution’s act and the court with subject-matter jurisdiction are examined. In a suitable file, interim protection can be requested; there is no assurance that the request will be accepted or that payment will be made.
An upcoming dose or treatment date makes it possible to assess the consequences of delay and the need for interim protection. The refund of an amount paid in advance and the coverage of future treatment may be separate requests.
No. The conditions of the Institution’s social insurance payment and of compensation claimed from the employer or a third party are different. The event, fault, causation, income and payments subject to recourse are assessed together.
Changes in the conditions of entitlement such as work, marriage, age, education or another entitlement may be relevant. Without examining the applicable law, the person’s situation and the reason for discontinuation, the same result cannot be reached for every beneficiary.
It can, if the conditions exist. The person’s intent or fault is distinguished from an Institution error; the scope of payment under Article 96 of Law No. 5510, the time period, interest and the conditions of collection are examined. An Institution error alone does not mean that the debt disappears entirely.
The registration period, the insured status and the status of the persons one is obliged to support, residence and the relevant income test records matter. The debt and the conditions for benefiting from health services are checked separately.
Under Article 102 of Law No. 5510, an objection is filed with the Institution within 15 days of notification. After notification of the rejection of the objection there is a 30-day administrative court route. The notification procedure and whether the act is truly within this scope must be checked.
No. A payment order is a collection act; for SGK premium receivables, Article 88 of Law No. 5510 and the provisions of Law No. 6183 apply together. The special time limit for bringing an action, the court with subject-matter jurisdiction and the grounds that can be raised differ from an objection to an administrative fine.
Not in every case. The effects of an objection to the Institution, an action in the judicial courts and an annulment action in the administrative courts differ. A request for interim protection suited to the file, and its conditions, are also examined separately.
Liability is assessed according to status, period, authority and the applicable law. A single automatic liability rule cannot be used for a company shareholder, a legal representative and a senior manager.
By examining the nature of the work, the rate, the declared labor, invoiced works and set-offs, the route of application against the relevant act can be assessed. An inspection report, a premium accrual and a penalty must be distinguished from one another.
No. A purchase concerns the recognition of certain periods in return for payment, while a combination under an agreement rests on the rules between the countries concerned. The status, the first date and the effects on the pension may differ.
The type of pension, the basis of the purchase, the activity in the foreign country and the status of social assistance are examined. In particular, the conditions under Law No. 3201 and the short-term work exception are taken into account; the same prohibition or freedom does not apply to all pensions.
The date of first participation, the scope of Law No. 5434, provisional Article 4 of Law No. 5510 and the subject of the claim are determined. Having a 4/c record alone is not enough to determine the court with subject-matter jurisdiction.
Article 48 of Law No. 4447 provides for a 30-day application period from the day following leaving work. Delay other than for force majeure is deducted from the total duration of the benefit earned; the other conditions of entitlement are examined separately.
Depending on the decision, an implementation application may be needed to correct the service record, award a pension or obtain payment. For monetary receivables awarded against SGK, the documented application and the payment period under Article 36 of Law No. 5502 are taken into account.
If the conditions of jurisdiction, representation, evidence and any necessary on-site action are suitable, work can be planned through an online meeting and secure document sharing. For services abroad, the agreement of the relevant country and the document requirements are assessed separately.
Content preparation and source check: . Legislation, SGK practice, the Health Implementation Communiqué (SUT) and transitional provisions should be checked again on the date of the transaction. The explanations of time limits here do not take the place of a file review based on the person and the notification.
Briefly state the Institution’s action, the date of notification and your request. If there is an upcoming action or objection time limit, a treatment date, a payment order or an attachment, explain it in your first message.
The information and documents you share are handled for the purpose of legal assessment, taking into account the principles of professional secrecy and the protection of personal data. After the engagement, a secure sharing method for the necessary documents is determined separately.
Our target for a first response is 48 hours. This period does not mean that a legal opinion has been completed or that the matter has been accepted. If you have an imminent deadline or an urgent health need, do not wait for this period; notify us by phone.
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This page is for general information; it does not constitute a personalized legal opinion or an assurance of an outcome. Each file is assessed in the context of its events, evidence and procedural conditions. An attorney–client relationship is established upon confirmation of acceptance of the matter and of the engagement.