EYT conditions; formerly known as SSK, with the newly introduced regulation by Law No. 5510, the conditions required for employees who are called those belonging to the 4/a insurance branch have been determined as 5000 days premium and 20 years of work for women, and 5000 days premium and 25 years of work for men. As for Bağkur employees, who are referred to as 4 / b in the Law No. 5510, the periods and bonus days vary. A 7200-day premium and a 20-year work requirement have been set for female insured persons from Bağkur, while a 9000-day premium and a 25-year work requirement are sought for male insured persons. Employees who are entitled to retirement together with the law are required to resign from their workplace for retirement reasons in order to benefit from this regulation. In this context, the employee must submit a resignation petition to the employer together with the letter stating that he has made an application for the severance pay to be received from the Social Security Institution and preferably monthly. There is also no obligation for the employee to pay a notice compensation or comply with the notice period.
EYT Notification Compensation: Notification compensation is a compensation that the party that terminated the employment contract must pay if it does not notify the other party of this situation in accordance with the legal notification periods. For an employee who has retired within the scope of the EIT Law, the parties have no obligation to observe the notice period, and in such a case, any party has an obligation to pay notice compensation to the other party. If employees who have terminated their employment contract by taking advantage of the EYT Law start working again, an account should be made for the second working period by taking into account only the working period that has elapsed during the second working period. In other words, the employee who requests his/her dismissal within the scope of EYT is not obliged to comply with the notice period, and there will be no notice compensation.
EYT Severance Pay: Abrogated Labor Law No. 1475 14. according to the article; If the employee with EYT will not continue to work at the same workplace, severance pay must be paid. However, if the employee continues to work at the same workplace, he may agree to receive severance pay later by agreement with the employer. In this case, if the employee leaves the workplace for a reason that will qualify for severance pay after re-entering the job, including that he is entitled to it at the exit of the EIT 2. He receives the total severance pay he is entitled to as of the release date. On the contrary, if the employee does not leave the job for a reason that will deserve severance pay at a later date, he is only entitled to the severance pay that he earned on the date of exit with EYT. 2. the period is not paid. In the event that an employee who retires under the EIT receives severance pay despite continuing to work at the same workplace, the severance pay is reset, and therefore the working period before retirement, for which severance pay is paid, is not taken into account at the second exit.
EYT Annual Paid Leave: Employees who have terminated their employment contract within the scope of the EYT Law also have the right to request the remuneration of their used annual leave. However, if these employees are rehired by the same employer, the periods during which employees work at one or different workplaces of the same employer may be taken into account by combining the periods required to qualify for annual leave. The fact that the salary corresponding to the annual leave periods that are not allowed during the first working period has been paid and the summary of the duration of their leave has not been made is not subject to this deduction rule.
Re-Starting Work: Those who are eligible for retirement under the EIT can request their exit in order to benefit from the pension, and after the pension is connected, they can request to re-enter the same workplace. What is important here is that the employer and the employee who is covered by the EIT and wants to leave agree to start working again. At this point, the employer has no legal obligation to re-hire the employee he left because he is from EYT. On the other hand, for all insured persons who start working again at the same workplace within 30 days after retirement within the scope of the EIT law, a 5% support premium will be given to the employer, creating an incentive for employers to re-hire employees.
Social Security Support Premium Incentive: In order to encourage the re-employment of employees who have retired by taking advantage of the EYT Law, social security support premium incentive has also been implemented. Accordingly, the SGK Circular dated 14/4/2023 and numbered 2023/19 was published on the application of the insurance premium incentive for the first time for those who are retired or on an old-age pension, that is, those who retired within the scope of the EYT (temporary article 5510-95th), subject to the social security support premium (SGDP) at the private sector workplace where they last worked, to cover the amount that hits the 5-point portion of the SGDP employer’s share by the Treasury.