The way to EYT has been opened for those who have been recruited and have not paid the premium!

While the Law on Pensioners Aged at Retirement (EYT), which paved the way for retirement for 2 million 250 thousand citizens, came into effect, a new problem regarding EYT members came to light.

The number of petitioners within the scope of the Law “On Aged Retirement” exceeded 1 million 200 thousand in two weeks, and a record number of applications came to the labor courts due to critical substances that will open the door to retirement.

THEY MAY HAVE EYT

According to Sabah; Even though the insurance entry was before September 8, 1999, thousands of citizens whose premiums were not paid went to the court. Even though he/she works, he/she can be a member of EYT by filing a lawsuit whose start of employment is not notified to the Social Security Institution or is reported late.

The answers to some critical questions that may open the door to retirement according to the Labor Law are as follows:

For example, the statute of limitations does not apply in the case of retrospective registration of January 1, 1900, when he was uninsured at his workplace. For example, if a person started a job in 1997 and made an insurance notification to the Social Security Institution, but the first premium payment started in October 1998 at the same workplace, he or she may apply to the Institution and request that the insurance start date be corrected. If it does not receive a positive response, the service may file a determination lawsuit.

If the studies are proven with documents and determined by the insurance inspector’s report, the period of disqualification does not apply. After working for two years without insurance, he can file a lawsuit for the period he worked without insurance until the end of 2027, after working for 10 years and leaving the job from 2022.

Although I started working in February 1998, my insurance venture was made after December 2000. It is claimed that I am an apprentice during this period, do I have the right to file a lawsuit, can I retire by taking advantage of the EYT law?

There is a five-year statute of limitations in service determination cases. If you were employed in February 1998, but did not receive a premium and were employed as zero days, you can claim your rights in two ways. In the first step, you can request the correction of the insurance start date by applying to SGK. If there is no positive response, you can file a service lawsuit. Showing at least one or two witnesses at your workplace will help you win the case. There is no five-year statute of limitations. The statute of limitations does not apply if the insurance is made and the premiums are not paid, and if the evidence is revealed in the examination made by the inspectors.

Is there an obligation to apply to a mediator regarding the issue of “employment without a day”, does the case take too long?

There is no obligation to go to the mediator before the service determination case. In these cases, it is of great importance to reach the payroll or any record of the uninsured period. Labor lawsuits are completed in about two months, according to the procedure. If it is brought to the high court, the reasoned decision is notified within one month.

When does the filing period start for those who have more than one entry and exit from the same workplace?

In the workplace subject to service determination, an application can be made to the court within five years starting from the end of the year in which the services were rendered. In case of death of the person himself, the heirs can file the service determination case. The period of filing a lawsuit for those who have more than one entry and exit from the same workplace starts from the date they first quit the job.

Are the decisions of the high court on the statute of limitations in favor of the employees?

According to the Supreme Court decision, a period of deprivation is not applied to employees who submit documents such as monthly insurance premiums, 4-month insurance premiums payroll, insured account slip. There is a decision of the high court that “the submission of the entry notice removes the statute of limitations” for those who have entered but have not been paid for their insurance.

Does the start of insurance change with borrowing?

The period owed for retirement cannot be shown as the beginning of insurance. For example, if a person who started to work subject to the Pension Fund Law in January 2001 owes his military service period of 1 year and 6 months between 1996-1997, this period of debt will be added to the total service period, but the insurance start date will not be changed.

Does the borrowing of those studying abroad change the scope of EYT?

The borrowings of those studying abroad for this period do not change the beginning of the insurance. Among the tradesmen who were insured before 8 September 1999, those who had less than 3 full years of service as of June 1, 2002 and whose age limit was not graded, will be entitled to a pension regardless of age, provided that they meet the condition of 20 full years if they are women and 25 years if they are men.

Will the process be the same for those who petitioned before the EYT law was enacted?

A female employee, who submitted a retirement petition two days before the EYT law came into force, will be able to receive a pension as of April 15, 2023, since she had 2 years and 11 months of service as of 23 May 2002 and her total actual service reached 22 years.

For example, if a male insured man, who was born on June 22, 1978, and is subject to 56 years of age due to 6 years of service as of May 23, 2002, resigns on December 30, 2022, while having a total of 26 years of actual service, he will be able to receive a pension as of April 1, 2023, by submitting a retirement petition. .

Will the depreciation allowance push my retirement forward?

The actual service period increase (depreciation share) is added to the number of premium payment days. It provides an advantage in retirement by reducing the age limit at the rate specified in the law.