Will he be eligible for EYT without an entry despite working? Here are the details…

Thousands of people who worked but were not registered and who were reported late applied to the labor courts in order to benefit from the Law on Aged Retirement.

According to the news in Sabah newspaper, which is known for its closeness to the government, while those whose premiums were not paid even though the insurance entry was before September 8, 1999, sued, some details in the Labor Law both open the door to retirement and increase income. Those who have not been notified of their employment even though they have been working, or who have been notified late, have the right to file a lawsuit.

For example, despite starting to work in 1996, he/she may request the correction of the starting date, which was started in November 1998 after the first premium payment is made to the Institution, and he/she may file a service lawsuit in case of a negative response. If these periods are proven with documents, the statute of limitations does not apply.

IT IS NECESSARY TO GO TO THE MEDIATOR

In this way, uninsured employees can sue at the labor court not only for service lawsuits, but also for labor receivables such as seniority, notice, wages, overtime wages, and unused leave wages. Two separate lawsuits must be filed for both service determination and receivables. Due to the new practice that started in October 2018, it is necessary to go to a mediator before filing a lawsuit for labor receivables.

According to the Labor Law, the answers to some questions that will bring retirement forward and enable to be covered by EYT are as follows:

Is the statute of limitations applied for those who document the period they worked without insurance?

The high court has many decisions in favor of the employee on this issue. There is no statute of limitations for employees who submit documents such as monthly insurance premiums statement, 4-month insurance premiums payroll, insured account receipt. The fact that an entry notification is given for those who have an entry but whose insurance has not been paid removes the statute of limitations.

Can I have the time I worked before becoming a civil servant added to the service, will it affect my degree?

You can add. You can apply by getting a service transcript. After the application, the service periods and where they serve are examined and the services are combined as a result of the correspondence with the SGK. They can increase the number of bonus days by combining their working hours before retiring. Combining studies conducted in more than one institution increases the service score, it does not affect the level, grade or premium deductions. If health conditions or technical conditions prevent people from applying, legal heirs can also apply. In case of death, beneficiaries may also request merger.

Although I started working in March 1997, my insurance venture was made after November 1999. It is claimed that I am an apprentice during this period, can I benefit from EYT if I file a lawsuit?

If you started to work in March 11997 but no premium was paid to your name, you have the opportunity to seek your rights in two ways. First of all, you can apply to the Social Security Institution and request the correction of the initial insurance claim. In case of a negative response, you can file a service lawsuit. For this, you need to show at least one or two witnesses at your workplace. The statute of limitations does not apply if the insurance is made and the premiums are not paid.