How to Prepare the Employment Declaration for Employees in the Home Services Sector?

The home services sector in Turkey encompasses a wide range of areas, including childcare, elderly care, cleaning, and daily support services. Home services, which have been one of the most needed areas for families for years, are also a topic of close interest to the social security system.

It is extremely important for individuals working in home services to be insured, as it protects workers' rights and ensures that employers meet their legal obligations. Article 9 of the Social Insurance and General Health Insurance Law No. 5510 has made significant regulations in this area, clarifying the insurance status of employees working in home services.

In this article, we will explain in detail how to prepare the employment declaration for employees in home services, distinctions based on the 10-day criterion, notification periods, points to pay attention to, and penalties.

1. History of Legislation and Basic Regulation

In the past, the conditions for insurance for individuals working in home services were more limited. Individuals who did not work regularly and for a salary were not shown as insured, leading to the loss of social security rights.

With the publication of the "Notification on Insuring Employees in Home Services under Article 9 of Law No. 5510" in the Official Gazette on April 1, 2015, the insurance status of employees working in home services has been re-regulated.

With this regulation:

• Instead of the condition of paid and continuous work, the "10-day" criterion has been introduced.

• Different insurance conditions have been established for those who work less than 10 days and 10 days or more within the same month for the same employer.

2. Working Status of 10 Days or More in Home Services

For home services personnel working 10 days or more within a month, full comprehensive insurance premiums are paid.

These premiums include:

• Health insurance premium

• Retirement (disability, old age, death) premium

• Unemployment insurance premium

• Occupational accident and disease premium

In this context, employees' insurance provides the same rights as regular workers. This means they can benefit from rights such as retirement, access to health services, and unemployment benefits.

3. Working Status of Less Than 10 Days in Home Services

For those who work 9 days or less for the same employer within a month, a different regulation has been made.

• They are not considered employers.

• However, for these individuals, occupational accident and disease premiums must still be paid.

• The premium rate is set at 2% of the daily earnings.

In this way, employees are only protected against occupational accidents and diseases and cannot benefit from other social security rights.

4. How to Prepare the Employment Declaration?

The Social Security Institution has prepared two different forms for home services employees:

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

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

These forms can be obtained from the SGK directorates or downloaded from the SGK's website. The steps are as follows:

• Forms are filled out and submitted to the SGK.

• If it is the first time employing someone under Article 9, the declaration must be submitted to the institution by the end of the relevant month.

• For separations, notification must be made to the SGK within 10 days.

Failure to submit the declaration will result in an administrative fine equal to the minimum wage. If the separation is not reported on time, the penalty is one-tenth of the minimum wage.

5. Points to Pay Attention To

• Job titles and codes: It is mandatory to write the job codes determined by the Turkish Employment Agency in the declarations.

• Salary changes: If the employee's salary or number of days changes, this must be reported to the SGK with a new declaration.

• Document date:

  • If the document is delivered in person to the institution, the date of delivery is taken into account.

  • If sent via PTT, the date the shipment is posted is taken into account.

• Reasons for missing days: Reasons such as illness, detention, natural disasters, and short work must be reported to the SGK with documentation.

6. Where to Obtain and Submit Declarations

Declaration forms:

• Can be obtained from SGK provincial and district directorates.

• Can be downloaded from the official SGK website.

It must be submitted to the institution by the end of the month. If the end of the month coincides with a holiday or official holiday, it is possible to submit the declaration on the first working day following the holiday.

7. Penal Sanctions

• Failure to submit the declaration: Penalty equal to the minimum wage

• Failure to report separation: Penalty equal to one-tenth of the minimum wage

• False declaration: Penalties will also be applied for reporting missing days or wages.

Therefore, timely and accurate submission of declarations is critical for both employers and employees.

8. Example Scenarios

• Cleaner coming 2 days a week: If they work a total of 8 days a month, the employer only pays a 2% occupational accident premium.

• Babysitter: If a babysitter works 20 days a month, all insurance branches' premiums are paid.

• Short-term helper: Full comprehensive insurance is also paid for someone working 15 days during a holiday period.

These examples demonstrate the importance of the 10-day criterion in practice.

9. Frequently Asked Questions

Should everyone working in home services be insured?
Yes. All employees must be insured, whether they work less than or more than 10 days, based on their working duration.

Is unemployment premium paid for personnel working less than 10 days?
No. Only occupational accident and disease premiums are paid.

Can I send the declaration online?
Yes. Forms downloaded from the SGK's official website can be filled out and sent to the institution.

What happens if I submit the declaration late?
A fine equal to the minimum wage will be applied.

Conclusion

Insuring employees in home services is of great importance for both protecting employee rights and ensuring that employers fulfill their legal obligations. Article 9 of Law No. 5510 has clarified the insurance status in home services, bringing a new regulation for employers and employees with the 10-day criterion.

Timely and accurate submission of employment declarations prevents potential legal and financial issues in the future. Therefore, care should be taken when preparing the employment declaration for individuals working in home services, and expert support should be sought if necessary.