How to Make the Employee Entry Declaration for Workers in the Home Services Sector?

Our laws require that individuals working in the domestic services sector be insured. The insurance notification for those working in domestic services must be made starting from the month they begin their employment.

Previously, individuals working as domestic staff could not be insured if they were not employed on a paid and continuous basis. However, if they were employed on a paid and continuous basis, they would be insured, and even retirement premiums would be paid. With the announcement published in the Official Gazette on April 1, 2015, regarding the Insurance of Employees in Domestic Services under Article 9 of Law No. 5510, the insurance status of those working in domestic services and how the relevant calculations would be made were re-regulated. This regulation, which divides domestic workers into 2 categories, replaced the paid and continuous work criteria with a 10-day criterion.

According to the regulation, individuals working for the same employer for less than 10 days in a month are also insured. For individuals who will be employed in domestic services for 10 days or more, all insurance premiums must be paid (health premium, retirement premium, unemployment insurance premium, and occupational accident premium).

Regulation for Those to be Employed for Less Than 10 Days in Domestic Services

Employers who employ insured personnel under these conditions are not considered employers for the insured individuals they employ for up to 10 days. For domestic staff employed for less than 10 days, specifically for a maximum of 9 days, an occupational accident and disease premium of 2% of the daily earnings must be paid.

How Will the Employment Entry Notification Be Made?

With this announcement, the Social Security Institution has prepared 2 different documents for those working in the domestic services sector:

1. Declaration for Those to be Employed for 10 Days or More in Domestic Services

2. Declaration for Those to be Employed for Less Than 10 Days in Domestic Services

These forms are available at all social security institutions, and it is sufficient to fill out the forms and submit them to the institution. This situation also eliminates the necessity of submitting a declaration every month.

The declaration for individuals to be employed in domestic services for 10 days or more must be submitted to the SGK by the end of the month in which the insured personnel subject to the additional Article 9 is first employed. A monetary penalty equivalent to the minimum wage is imposed for declarations not submitted within this period. The monetary penalty for termination of employment is set at one-tenth of the minimum wage. Those working in domestic services for more than 10 days must notify the institution of their termination within 10 days.

One of the points to pay attention to when submitting declarations to the Social Security Institution is the writing of job titles. The Turkish Employment Agency has assigned a code for each profession. Declarations must be made according to these code numbers.

For those employing insured individuals for less than 10 days, the insured employment entry notification, workplace declaration, monthly premium and service document, and termination document are not required. The application form for notifications regarding those employing insured personnel for less than 10 days in domestic services can be submitted to the Social Security Institution by the end of the month in which the work took place. If the end of the month coincides with a weekly holiday or official and general holiday days, it is possible to submit the form by the end of the first working day following these days.

Points to Consider

When the insured's salary increases or the number of working days changes, the declarations must be submitted to the Social Security Institution for the necessary adjustments to be made. One of the important points regarding this issue is that the declaration must be submitted within the specified legal period. The details regarding this period are as follows:

*If the declaration is sent by regular mail or cargo or delivered directly to the institution, the date it is recorded in the documents;

*If the declaration is submitted via PTT Alo Post, PTT Cargo, or APS (Express Mail Service), the date it is handed over to the post or cargo is considered the date it was submitted to the institution.

To facilitate the processes, the employer must also write the information regarding the person they are employing.

When the reason for the missing days is reported to the institution, such as detention, sick leave, imprisonment, natural disasters, events affecting life in general, multiple absences, or short-time work allowance, the documents must be added to the declarations.

Where to Obtain the Declaration

Printed form samples can be obtained from the SGK. It is possible to find the declarations online, so there is no need to go to the Social Security Institution.