Info is ready for the minimum wage support to be applied in 2019.

ARTICLE 10 – The following temporary article was added to the Social Insurance and General Health Insurance dated 31/5/2006 and numbered 5510.

“TEMPORARY ARTICLE 78 – By the employers employing the insured to whom long term insurance branches provisions are applied within the scope of subparagraph (a) of the first paragraph of article 4 of this Law;
a) Total number of premium payment with regard to the insured reported in the monthly premium and service documents and tax and premium service statements given for the current month in 2019 provided not exceeding the total number of premium payment days of the insured whose premium based daily earning is reported to be 102 Turkish Liras or lower in the monthly premium and service documents or tax and premium service statements given to the Institution for the same month in 2018,
b) The total number of premium payment days with regard to the insured as reported from the businesses taken in the scope of this Law for the first time in 2019,

The amount to be found by multiplying with the amounts specified in this article for January to December in 2019 shall be appropriated from the insurance premiums to be paid by these employers to the Institution and this amount shall be borne by the Unemployment Insurance Fund. However, the premium based daily amount of earning specified in subparagraph (a) shall be taken as 203 Turkish Liras for the private sector employers who are subject to collective labour agreement pursuant to Trade Unions and Collective Labour Agreement Law dated 18/10/2012 and numbered 6356.

In the determination of the businesses that are specified in the first paragraph, the average number of the insured shall be taken as basis within the scope of subparagraph (a) of the first paragraph of article 4 as reported along with the monthly premium and service documents or tax and premium service statements from the long term insurance branches in January to November in 2018. Daily 5 Turkish Liras support will be provided for the businesses with the average number of the insured below five hundred; and daily 3.36 Turkish Liras support will be provided for the businesses with the average number of the insured above five hundred.
In the month/period to be benefited within the scope of this article, the provisions of this article shall not apply in case it is reported under the number of the insured in the month/period when the minimum insured is reported from the long term insurance branches within the scope of subparagraph (a) of the first paragraph of article 4 with the monthly premium and service document or tax and premium service statement in the months/periods from January to November in 2018.

In case a current business is closed and opened under a different name and title or as a different business unit or in case of businesses which are understood to have established pretended transaction such as the shift in employment among the companies having direct or indirect partnership relationship to have management and control, individual companies’ change in the business owner for the purpose of benefiting from the Unemployment Insurance Fund contribution; the amount paid by the Unemployment Insurance Fund will be reimbursed along with the delay fine and delay interest from those businesses and the provisions of this article shall not be applied for these businesses.

The provisions of subparagraph (b) of the first paragraph of this article shall not apply in case it is determined that the employers did not deliver within the legal time their monthly premium and service documents or tax and premium service statements regarding the months/period from January to December in 2019 in relation to the insured they have been employing, in case they failed to pay the insurance premiums within the legal time, in case they failed to report the people they have been employing as insured as a result of the investigations and examinations made by the authorized officers through audit and check or in case the insured is not actually working there, in case they owe premium, administrative fine and delay fine and delay interest thereof. However, the provision of the respective paragraph shall be enjoyed for employers which postpone or make instalments for the delay fine and delay interest owed to the Institution as long such postponement or instalments continue. The provisions of the additional article 14 of this Law shall not be applied in applying this article.

In applying subparagraph (a) of the first paragraph, in case the monthly premium and service document or tax and premium service statement with regard to the same month of the previous year is not delivered, the reporting in the monthly premium and service document or tax and premium service statement regarding the first month following the month when the reporting was made will be taken as basis. The provisions of subparagraph (b) of the first paragraph shall be applied for the businesses which were taken into the scope of this Law before 2018 but did not employ insured in 2018. When the insurance premiums of the insured and employer shares are borne by the Government, in case the insurance premium to be paid by the employer is less than the amount to be borne by the Unemployment Insurance Fund, the appropriation shall be made only up to the insurance premium debt. The total number of premium payment with regard to the insured who were reported in the monthly premium and service documents or tax and premium service statements which is delivered for the current month in 2019 shall be taken into account, the daily earning being 271 Turkish Liras and provided not exceeding 50% of the number of premium payment days reported in the monthly premium and service documents or tax and premium service statements delivered to the Institution with regard to the same month of 2018 to be determined pursuant to subparagraph (a) in applying the first paragraph for the insured working underground in the businesses where “Lignite” and “Hard Coal” are extracted as bound to the provision stating the minimum wage would not be less than twice pursuant to additional article 9 of Law No 3213. The provisions of this article shall not be applied for the insured working within the scope of subparagraph (a) of the first paragraph of article 4 in the staff and positions of the public administrations which are listed in the table no (I) enclosed to Law no 5018. The amounts, which will be borne by the Unemployment Insurance Fund pursuant to the first paragraph for the labours projected for the use of all weekly working hours in the administration and the number of personnel in the tender document is determined in the service purchases in which difference will be paid in the agreement and made pursuant to the applicable legislation by the administrations listed in subparagraphs (a), (b), (c) and (d) of the first paragraph of article 2 of Law No 4734, shall be deducted from the progress payment

In the service purchases made pursuant to the applicable legislation made by the administrations listed in subparagraphs (a), (b), (c) and (d) of article 2 of Law No 4734 and for which price difference payment is projected in the agreement, the amounts to be borne by the Unemployment Insurance Fund pursuant to the first paragraph shall be deducted from the progress payment of the employers by these administrations for the labours whose number of personnel determined in the tender document and all weekly working hours are projected to be used in the administration. The provisions of this article shall not apply for the insured registered in the monthly premium and service documents given to the Institution out of legal time with regard to the months/period from January to December in 2019 and the tax and premium service statements to be given to the Ministries of Treasury and Finance. The procedures and principles regarding the application of this article shall be determined by the Institution thereby obtaining the opinions of the Ministry of Family, Labour and Social Services and Turkish Employment Agency.”

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