SATURDAY, February 3, 2024
Official newspaper
Number: 32449
LAW
UNEMPLOYMENT INSURANCE LAW AND SOME LAWS
LAW ON AMENDMENTS
| Law No. 7495 | Acceptance Date: 25/1/2024 |
ARTICLE 1 – The phrase “general epidemic” was added to the first paragraph of the additional article 2 of the Unemployment Insurance Law No. 4447 dated 25/8/1999, after the phrase “regional crisis”, the second sentence of the third paragraph was amended as follows, and the fourth paragraph was added after the second sentence. The following sentences have been added, the last sentence of the fourth paragraph has been changed as follows, and the following sentence has been added to the seventh paragraph.
“In order for the insured to be entitled to short-time work allowance, he must have been subject to a service contract for the last 120 days before the start of short-time work and must have worked as insured for at least 450 days in the last three years and paid unemployment insurance premiums.”
“Short-time working allowance is paid to the insured on a monthly basis, on the fifth of each month. The Minister of Labor and Social Security is authorized to bring forward the payment date. Short-time working allowance is not subject to any taxes or deductions except stamp duty, and more than one tenth of it cannot be seized or transferred or assigned to anyone else, except for alimony debts.
“Periods paid as short-time working allowance are deducted from the entitlement periods for unemployment benefit payments to be made based on service contract terminations within 3 years from the start of short-time working.”
“Overpayments arising from the fault of the insured are collected from the insured together with legal interest, and overpayments of deceased insured persons are not collected back.”
ARTICLE 2- The twelfth paragraph of the provisional article 10 of Law No. 4447 has been amended as follows.
“The provisions of this article continue to be applied until 31/12/2025. The President is authorized to extend the implementation period of this article until 31/12/2026.”
ARTICLE 3- The following temporary article has been added to Law No. 4447.
“PROVISIONAL ARTICLE 34 – For those whose short-time work start date is before the date of entry into force of this article, the provisions of the third paragraph and the fourth paragraph of the additional article 2, before the amendment made by the Law creating this article, shall apply.”
ARTICLE 4- The third paragraph of the 12th article of the Law No. 3146 on Certain Financial Provisions in the Field of Labor and Social Security dated 9/1/1985 has been repealed.
ARTICLE 5 – The phrase “7,500” in the first paragraph of the additional article 19 of the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006 has been changed to “10,000”.
ARTICLE 6- The following temporary article has been added to Law No. 5510.
“PROVISIONAL ARTICLE 101- By employers employing insured persons to whom the provisions of long-term insurance branches apply within the scope of subparagraph (a) of the first paragraph of Article 4;
a) In the monthly premium and service documents given for the current month in 2024, provided that it does not exceed the total number of premium payment days of the insured whose daily earnings subject to premium are reported as 671 Turkish lira or less in the monthly premium and service documents submitted to the Institution for the same month of 2023 or in the summary and premium service declarations. or the total number of premium payment days for the insured reported in the summary and premium service declarations,
b) Total number of premium payment days for insured people reported from workplaces included in the scope of this Law for the first time in 2024,
The amount to be found multiplied by 23.33 Turkish lira per day for the months/period of January to December 2024 will be offset from the insurance premiums that these employers will pay to the Institution and this amount will be covered from the Unemployment Insurance Fund. However, the daily earnings amount subject to premium specified in paragraph (a) is taken as 1,341 Turkish liras for workplaces belonging to private sector employers subject to collective labor agreements in accordance with the provisions of Law No. 6356.
In the month/period to benefit from the support within the scope of this article, in the months/period of January to December 2023, with a monthly premium and service document or summary and premium service declaration, and at least in the month/period in which the insured is notified from long-term insurance branches within the scope of subparagraph (a) of the first paragraph of Article 4. If a notification is made below the number of insured people in the period, the provisions of this article do not apply.
Establishing a collusive transaction in order to benefit from the Unemployment Insurance Fund contribution, such as closing an existing business and opening it under a different name and title or as a business unit, or shifting employment between companies with direct or indirect partnership relations in a way that holds management and control, or changing business ownership in sole proprietorships. The amount covered by the Unemployment Insurance Fund, together with the delay penalty and late payment interest, will be withdrawn from the workplaces where it is determined that the insurance holders did not report their premium-based earnings to the Institution for the months/period of January to December 2024 or who reported them incompletely, and the provisions of this article will not be applied to these workplaces. However, if it is determined that an incomplete premium-based earnings notification has been made in the relevant month in an amount not to exceed one-tenth of the monthly gross minimum wage for the months/period of January to December 2024, the provisions of this article will continue to apply to the workplaces that correct the deficiency within a period of fifteen days upon the notice to be made by the Institution. .
In the investigations and inspections carried out by the officers in charge of inspection and control, where the monthly premium and service documents or the summary and premium service declarations for the insured people employed in the workplace for the months/period of January to December 2024 were not submitted within the legal period, and the insurance premiums were not paid within the legal period; In cases where it is determined that the employed persons are not declared as insured or the declared insured are not actually employed, and there is a debt to the Institution for premiums, administrative fines and related delay fines and delay interest, the provisions of this article do not apply. However, employers who postpone and install their premiums, administrative fines and related delay fines and late payment interest debts to the Institution in accordance with Article 48 of Law No. 6183, or restructure them in accordance with other relevant laws, will benefit from the provisions of this article as long as this postponement, installment or restructuring continues. In the implementation of this article, the provisions of additional article 14 of this Law do not apply.
In the implementation of paragraph (a) of the first paragraph, if the monthly premium and service certificate or withholding and premium service declaration has not been submitted for the same month of the previous year, the notifications in the monthly premium and service certificate or withholding and premium service declaration for the first month following the notification are taken as basis. . The provisions of subparagraph (b) of the first paragraph shall apply to workplaces that were included in the scope of this Law before 2023 but did not employ insured people in 2023.
In cases where the insurance premiums of the insured and employer shares are covered by the State, if the insurance premium to be paid by the employer is less than the amount to be covered by the Unemployment Insurance Fund, only the insurance premium debt is deducted.
In the application of the first paragraph, for insured people working underground in workplaces where “Lignite” and “Hard Coal” are mined, whose wages are stipulated to not be less than twice the minimum wage in accordance with the additional article 9 of Law No. 3213, the daily earnings to be determined in accordance with subparagraph (a) will be 1,789 Turkish liras and the same year as 2023. The total premium payment days for the insured reported in the monthly premium and service documents given to the Institution for the month or in the summary and premium service declarations in 2024, provided that it does not exceed one and a half times the number of premium payment days reported in the monthly premium and service documents submitted to the Institution for the month of 2024 or in the summary and premium service declarations. number is taken into account.
The provisions of this article do not apply to insured people working within the scope of subparagraph (a) of the first paragraph of Article 4 in the staff and positions of the public administrations listed in the tables (I), (II), (III) and (IV) annexed to Law No. 5018.
In service procurements made by the administrations listed in paragraphs (a), (b), (c) and (d) of the first paragraph of Article 2 of Law No. 4734, in accordance with the relevant legislation, and in which the price difference is foreseen to be paid in the contract, the number of personnel is determined in the tender document and the entire weekly working hours are determined. For the labor that is intended to be used in the administration, the amounts to be covered by the Unemployment Insurance Fund in accordance with the first paragraph of this article are deducted from the employers’ progress payments by these administrations and returned to the Turkish Employment Agency.
The provisions of this article do not apply to the insured who are registered in the monthly premium and service documents submitted to the Institution outside the legal period for the months/period of January to December 2024 or in the summary and premium service declarations to be submitted to the Ministry of Treasury and Finance.
“The procedures and principles regarding the implementation of this article are determined by the Institution by taking the opinions of the Ministry of Labor and Social Security and the Turkish Employment Agency.”
ARTICLE 7- The following temporary article has been added to Law No. 5510.
“PROVISIONAL ARTICLE 102- To the insured and beneficiaries within the scope of clauses (a) and (b) of the first paragraph of Article 4; Monthly amounts calculated as of January 2024, in accordance with the 27th, 29th, 33rd and temporary 2nd articles of this Law, for the income and pensions granted before the beginning of 2024 and the disability, old-age or death pensions to be granted in 2024, based on the amount to be paid on a file basis. It will be increased by 49.25%, effective from January 2024.
Income and salaries increased as specified in the first paragraph shall not be increased further in accordance with Article 55, except for the increase specified in this article in January 2024.”
ARTICLE 8 – The second paragraph of Article 24 of the Occupational Health and Safety Law No. 6331 dated 20/6/2012 has been repealed.
ARTICLE 9 – The following article has been added to the Law No. 6331 after Article 24.
“The examination, control and audit authority and responsibility of the Ministry
ARTICLE 24/A- (1) The Ministry is authorized to inspect, authorize, control and audit educational institutions, joint health and safety units, equipment inspection organizations, occupational hygiene measurement, testing and analysis laboratories within the scope of this Law. Inspection, control and inspection on behalf of the Ministry are carried out by labor experts and assistant labor experts, engineers, physicists, chemists, biologists and physicians working at the General Directorate of Occupational Health and Safety. The personnel assigned within the scope of this article are obliged not to disrupt the work as much as possible during examination, control and inspection, and to keep the professional secrets of the employer and the workplace and the matters they see and learn completely confidential. Appointed personnel are provided with the necessary facilities by the employer or employees. The procedures and principles regarding this paragraph are regulated by the Ministry.
(2) If the Ministry personnel working within the scope of this article need the assistance of law enforcement forces, they shall report the situation to the relevant local authority, excluding military workplaces. If the local administrative chief deems this request appropriate as a result of the evaluation he will make within the framework of the powers granted by the Provincial Administration Law No. 5442 dated 10/6/1949 and the Police Duties and Powers Law No. 2559 dated 4/7/1934, he will appoint sufficient law enforcement officers.
(3) The provision of paragraph (b) of Article 33 of the Allowance Law No. 6245 dated 10/2/1954 shall apply to those assigned for examination, control and supervision within the scope of this article.”
ARTICLE 10 – The phrase “second of article 24” in subparagraph (k) of the first paragraph of article 26 of Law No. 6331 has been changed as “first of article 24/A”.
ARTICLE 11- Of this Law;
a) Articles 1 and 3 will be published on 1/3/2024,
b) On the date of publication of articles 2 and 6, to be implemented as of 1/1/2024,
c) Articles 5 and 7, on the date of publication, to be implemented from the payment period of January 2024,
ç) Other articles on the date of publication,
comes into force.
ARTICLE 12- The provisions of this Law shall be enforced by the President.