Yalova Sosyal Bilimler Dergisi

Öz

The social insurance system is based on the principle of obligation. In the current system, insurance qualification is acquired on the date of starting to work as an insured person. As a rule, in order to provide certain social insurance benefits to the insured or beneficiaries, the institution must be notified and insurance premiums must be paid. Some employers do not report the insured people they employ to the institution in order to avoid paying taxes and insurance premiums. The right to social security has a public nature, it is not possible to waive or transfer insurance rights and obligations. For this reason, if the employer employs an uninsured worker, the institution detects that the insured person is working, based on actual findings at the workplace or information and documents sent to it from other public institutions, the person is registered and action is taken against the employer. In addition to this, if insurance is not determined by the institution, the time worked unregistered may be determined by a court decision. The insurance determination case regarding this determination must be filed within the five-year prescription period. If there is uninterrupted work covering unreported and reported periods in the workplace, it is important to determine whether the five-year period will run for the unreported period and the beginning of this period.