Social Security Procedures To Be Carried Out By The Employer Following A Reinstateme 25 September 2025

I. If the Employee is to Be Reinstated:
 

If the employee's application is made within the statutory period and the employer intends to reinstate the employee, the employer must invite the employee to work within one month from the date the employee's application reaches the employer and reinstate them with updated wages under the conditions and terms in effect on the date of the invalid termination.
 

The employee's "employment commencement notification" must be submitted to SGK in accordance with the actual reemployment date, and the four months' idle period wages and other entitlements determined by the court must be paid to the employee. Furthermore, a notification regarding the retroactive four months' wages must be prepared and submitted to SGK, and the relevant premiums must also be paid.
 

According to the Social Security Transactions Regulation (SSİY), if the employee applies to the employer for reinstatement and starts working upon the employer's proper invitation, it is deemed that the monthly premium and service documents submitted from the beginning of the month following the date the invitation notice (received by the employee) falls within are filed within the legal deadline, provided they are submitted by the 26th of that month. For example, if the invitation sent by the employer to reinstate an employee who applied in due time is received by the employee on September 18, then, pursuant to the SSİY, the deadline for submission to SGK is October 26, and the premiums must be paid by the end of October. Accordingly, when the employer applies to SGK within the prescribed period together with the service of the invitation bearing the employee's acknowledgment of receipt, the final court decision as requested by the institution, and other required documents, no late fee, delay penalty, or administrative fine for late notification shall be imposed.
 

It is also regulated by the Labour Act that the employee shall return to the employer the notice and severance payments previously received at the time of the invalid termination.
 

II. If the Employee Will Not Be Reinstated:
 

If the employee applies within the statutory period and the employer decides not to reinstate them, the employer must, within one month following the employee's application, pay both the non-reinstatement compensation and the four months' idle period wages determined in the final court decision. Likewise, the monthly premium and service document regarding the retroactive four months' wages determined by the court must be prepared and submitted to SGK, and the relevant premiums must also be paid.
 

According to the SSİY, if the employer submits to SGK, by the 26th of the month following the date they received the employee's reinstatement application notice, the documents concerning such application, this shall be deemed to have been filed in due time; the premiums may also be paid until the end of the same month. In the same example where the employee's application was served to the employer on September 18, the employer must prepare and submit the premium and service documents to SGK by October 26 and pay the premiums by the end of October.
 

Additionally, a "termination of employment notification" must be prepared and submitted to SGK pursuant to the SSİY. According to the SSİY, if such termination notification is submitted by the end of the month following the month in which the employee's application notice was received by the employer, the notification shall be deemed to have been made on time. Referring to the above example, if the application was received in September, the termination of employment notification must be submitted by the end of October. The termination date in the termination notification must also be recorded as the date four months after the initial termination date (by adding the idle period, thereby deferring the termination date). The termination notification corresponding to the invalid termination date must also be deleted from the system by selecting the "court decision" option in the relevant program.