Determining the Insurance Commencement Date

Determining the Insurance Start Date

According to Law No. 5510, insurance coverage for disability, old age, and death begins at the age of 18. If an insured person starts working before the age of 18, these premium payment periods are added only to the number of premium payment days, not to the total insurance period. However, according to Law No. 506, since the insurance coverage of those registered before April 1, 1981, is accepted as prior to the age of 18, the insurance periods determined for this period are added to both the insurance and premium payment days.

What Is an Insurance Policy Period?

Factors considered when determining the insurance period

  • The service period is clearly written in days, months, and years, in a manner suitable for execution of the sentence.
  • The earnings in question are clearly stated in the insurance premium provision.
  • If the case is partially accepted, the court costs will be proportional.
  • The appeal period is 8 days from the date of notification if the decision was announced in the absence of the person concerned.

Statute of limitations

of a statute of limitationsrefers to the situation where a right ceases to exist if it is not exercised within the legally defined time limits. The statute of limitations mentioned here relates to the date of insurance coverage and related rights.

According to Article 86 of the Social Security and General Health Insurance Law No. 5510, "...if they can prove that they worked by obtaining a court judgment within 5 years from the end of the year in which their services were rendered...", insured individuals cannot file a lawsuit to determine their undeclared employment if 5 years have passed since the end of the year in which they worked. In other words, an insured individual who applies within 5 years from the end of the year in which they worked has the right to sue for their undeclared employment. Other statute of limitations conditions mentioned in this law are as follows;

  • There is no question of interrupting or suspending the statute of limitations.
  • Lawsuits filed against employers for the collection of employee wages are not subject to the statute of limitations.
  • The statute of limitations for individuals whose employment contract is suspended is determined according to the departure date upon their return.
  • Even if an individual who has left a job starts working at the same workplace again, the statute of limitations continues to run for the previous period of employment.
  • If the insured person worked for the same employer at different locations on different dates, provided there was no interruption, the statute of limitations begins to run from the end of the year in which they left their last workplace.

For more information and support on this matter, you can consult with our firm's experienced lawyers.

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