Service Determination Lawsuit

What is a Service Determination Lawsuit?

A service determination lawsuit is a legal action filed to bring a period of uninsured employment into a state of insured employment. In common parlance, a service determination lawsuit may also be referred to as a "premium determination lawsuit ." This term is particularly used in lawsuits filed to determine the premiums earned by an employee throughout their working life. However, since the scope of a service determination lawsuit is broader, it can also be filed to determine other rights of the employee.

A service determination lawsuit is a public order case as it relates to the constitutional right to social security. This lawsuit is filed by an employee against their employer in cases such as failure to report the employee's social security status to the Social Security Institution (SGK), incomplete reporting of service periods, falsification of employment records despite the employee's absence, delayed registration, or complete lack of social security coverage. The aim of this lawsuit is to protect the employee's social security rights and ensure their insurance coverage for previous periods of employment. As a result of the lawsuit, the employee's insurance coverage can be ensured by paying the missing or unpaid insurance premiums, enabling them to benefit from social security services. This lawsuit is filed to ensure that the employee becomes insured by paying the full amount of insurance premiums in cases where the previous employer did not pay the premiums or made incomplete payments. As a result of this lawsuit, the employee can be retroactively insured by paying the missing portion of the insurance premiums and benefit from retirement, health services, and other social security benefits.

Statute of Limitations in Service Determination Cases

A lawsuit for determination of employment status is subject to a statute of limitations. This limitation period is five years. This means that if an employee does not file a lawsuit for determination of employment status within five years of the period for which their insurance premiums should have been paid, they may lose this right. Therefore, it is important for employees to ensure that their insurance premiums have been paid regularly since their start date and, if necessary, to file a lawsuit for determination of employment status in a timely manner.

A service determination lawsuit is a lawsuit filed to determine and collect receivables arising from an employment relationship. In this lawsuit, the 5-year statute of limitations does not begin on the date the employee leaves the job.

In a lawsuit to determine employment history, the date the employee received their last salary is considered the starting date for the statute of limitations. This period is the time limit for filing a lawsuit for claims such as wages, overtime pay, notice pay, and severance pay for the period the employee worked. If the employee does not file a lawsuit to determine employment history within 5 years from the date of their last salary, their rights expire due to the statute of limitations. However, in some cases, the statute of limitations may vary, and therefore, seeking legal advice on the matter is recommended.

In the event of an employee's death, their heirs can file a lawsuit to determine whether the employee had any outstanding claims during their working life and to collect these claims. The statute of limitations for filing such a lawsuit is 5 years from the date of the employee's death. If the heirs do not file the lawsuit within 5 years of the employee's death, their rights will be forfeited, and they will no longer be able to file a lawsuit.

Exceptions to the Statute of Limitations in Service Determination Lawsuits

The statute of limitations for filing a service determination lawsuit is generally 5 years from the date the employee received their last wage. However, in some exceptional cases, longer periods may be stipulated for filing a service determination lawsuit, or it may be decided that the statute of limitations does not apply.

In some cases, it is possible to extend or waive the statute of limitations. For example, if an employer promises to pay a specific amount owed to an employee and this payment is not made, the statute of limitations may not apply. Additionally, the statute of limitations may be waived in cases such as the death of the employee, the closure of the workplace, or the bankruptcy of the employer.

Furthermore, the statute of limitations for a service determination lawsuit may be extended in certain circumstances that prevent the application of the forfeiture period. For example, if the employee is unable to file a lawsuit to claim their receivables due to being ignored by the employer (e.g., because they are abroad), the forfeiture period may not be applied for a longer period.

However, these exceptions do not always apply and must be assessed by the court in each case. Therefore, it is recommended that workers or their heirs considering filing a service determination lawsuit seek legal advice on the matter.

In what situations is a lawsuit filed to determine employment status?

A service determination lawsuit is a type of lawsuit filed to determine the rights an employee has earned throughout their working life and to claim payment of these rights. If an employee's entitlements are not paid, the employee or their heirs can file a service determination lawsuit.

Since a service determination lawsuit is a lawsuit filed to determine the rights of the worker, the rights that the worker can obtain can be varied. Some examples are:

• Payment of the employee's final salary, annual leave pay, overtime pay, severance pay, notice pay, and other social benefits
• Determining the worker's working hours
• Determining the worker's position in the workplace
• If the employer has not paid the insurance premiums for the employee, then the premiums must be paid
• Payment of the worker's union dues

A lawsuit for determination of employment status can be filed for any debt owed by the employer to the employee but not paid. Therefore, a lawsuit for determination of employment status is quite comprehensive in terms of the rights that the employee can obtain.

However, not every request to file a service determination lawsuit may be eligible, and in each case, it is necessary to determine whether the required conditions for filing the lawsuit exist. Therefore, it is recommended that workers or their heirs considering filing a service determination lawsuit seek legal advice on the matter.

The decisions reached in a service determination lawsuit may differ for the employee and the employer. Below is general information about the possible decisions in the lawsuit and their consequences for the employee and the employer:

• If the employee is found to be in the right, the employer is obligated to pay the employee the requested wages, vacation pay, overtime pay, severance pay, notice pay, and other social benefits. While this results in positive outcomes for the employee, it may mean additional financial burdens for the employer.
• If the worker's demands are partially accepted, the employer may reduce the amount due by a certain percentage. In this case, the worker may also partially forfeit their entitlements.
• If an employee's claims are rejected, the employer is exempt from making payments. This can have negative consequences for the employee.

The outcome of a service determination lawsuit can vary depending on factors such as the claims of the employee and employer, the evidence presented, the court's decision, and the trial process. Therefore, it may not be possible to make a clear prediction about the decisions and outcomes of the case. However, the principle that the employee has acquired rights and the employer is obligated to pay these rights is the most fundamental principle in a service determination lawsuit.

How to File a Service Determination Lawsuit for EYT (Early Retirement)?

A service determination lawsuit is generally heard in Labor Courts. The person filing this lawsuit acts as the plaintiff, as an employee, against the employer, who is the defendant.

The Social Security Institution (SGK) does not directly participate as a defendant in these cases. However, if the courts deem it necessary for the SGK to provide information regarding the details of the case or to intervene, the court may request the SGK to participate as an ancillary party. Ancillary intervention is when another party joins a case as an intervenor. The SGK, as an ancillary party, can play a significant role in the litigation process. The information provided by the SGK can help the court to evaluate the case more accurately.

Under the EYT (Early Retirement) regulation, workers must have started their employment before September 8, 1999. However, if the employer reports a later date to the institution, the worker's insurance period may appear to have started after that date, even though they actually started work before.

In this case, the worker can file a lawsuit to determine the correct start date of their employment. If the court rules in favor of the worker, their insurance period will be considered to have started before that date and will be evaluated under the Early Retirement Law (EYT).

However, before filing a service determination lawsuit, it is important for the worker to verify their service start date by obtaining their service record from the Social Security Institution (SGK) and checking for any discrepancies.

Written by

Dudu ESRA SELLİ