In the Official Gazette dated March 3, 2023 and numbered 32121, the Law on the Amendment of the Social Insurance and General Health Insurance Law and the Decree Law No. 375 were published and the EYT (Pensioners) regulation entered into force.
Those who are deemed to be insured for the first time before the 09/09/1999 date of the EYT regulation can be injured. In addition, female insured workers working within the scope of Social Security and General Health Insurance Law 4/1-a must have completed 20 years of insurance, and male insured workers must have completed the insurance period of 25 years and must have paid 5000 to 5975 premium days, which gradually changes according to the date they were insured for the first time.
Those who started to work within the scope of long-term insurance such as disability, old-age and survivors insurance before this date, including 08/09/1999, will be entitled to retirement without age requirement. However, despite being one of the insured for the first time after this date, including the date of 09/09/1999, those who take the starting date of insurance back to 08/09/1999 and before with service debt will be entitled to retirement without age requirement.
The right to terminate the employment contract due to retirement is the employee’s right, and the employer cannot force the employee to retire due to the EYT regulation. In order for the worker to retire pursuant to the EYT regulation, he/she must submit a letter of resignation to the employer together with the letter that is the basis for severance pay to be received from the Social Security Institution and preferably the letter stating that he/she has applied to the Social Security Institution regarding the assignment of old-age pension.
The employer must notify the employee’s resignation statement to the Social Security Institution within 10 (ten) days at the latest following the termination of the employment contract. The employer must make the SGK leave notification with the code 08. This code is defined as “Due to retirement (old age) or lump-sum payment”.
The labor receivables and indemnities that the employer must pay against the retiring employee are as follows: severance pay, accrued and unpaid salary, accrued contractual benefits (for example, premium, bonus, commission, etc.), accrued and unused annual leave pay, accrued and unpaid overtime/overtime pay, accrued and unpaid work pay on national holidays and public holidays or weekends.
As a rule, when the employment contract is terminated, all receivables of the worker to which he is entitled are paid to the worker in full and in advance, but it is also possible to pay in installments if the worker and employer mutually
The employer does not have to reemploy his retired workers. Reemployment of the worker who resigned due to retirement by benefiting from the EYT regulation is a matter dependent on the mutual agreement of the parties.
If the employee who retires with the EYT regulation works with the employer he previously worked for or with another employer, he will be subject to social security support premium. With the EYT regulation, in the event that the retired employee starts working at the same workplace within 30 (thirty) days following the date of dismissal, subject to social security support premium, the amount corresponding to five points of the employer’s share of the social security support premium will be covered by the Treasury. However, if the worker who works subject to social security support premium in the same workplace after retirement quits the job again, this incentive cannot be used again in relation to this worker. Again, if the employee who retired with the EYT regulation continues to work in another workplace, the five-point incentive cannot be benefited from.
