How to File a Service Determination Action in Turkey — Proving Unregistered Employment

A service determination action is a type of case that has periods of employment that were never reported, or reported incompletely, by the employer officially recorded through a court decision; this action matters greatly for preventing difficult-to-remedy consequences for retirement rights.

Purpose and Legal Basis of the Action

Under Article 86 of Social Insurance and General Health Insurance Law No. 5510, periods of employment not reported to the Social Security Institution (SGK) by the employer, or reported with fewer days or a lower wage than actually worked, can be officially established through a court decision by way of a service determination action filed by the employee.

Competent Court

A service determination action is heard before the labour courts; the competent court is that of the location of the employer's workplace or where the defendant SGK is a party. The action must be filed jointly against both the SGK and the employer.

The Five-Year Preclusive Period

Under Article 86/9 of Law No. 5510, a service determination action must be filed within five years of the end of the year in which the unregistered employment occurred; this period is preclusive, and an action filed after it has expired is dismissed. However, Court of Cassation case law contains certain exceptional considerations regarding periods deliberately not reported by the employer.

Burden of Proof and Evidence

The claimant may prove they actually worked by any type of evidence; witness statements, attendance records, payslips, workplace entry-exit logs, bank account transactions, and correspondence are frequently used as evidence in this action. The court, where necessary, investigates the employment relationship by conducting an on-site inspection or hearing witnesses from neighbouring workplaces.

Outcomes of the Action

If the court rules in favour of establishing the service period, the determined period is recorded in the SGK's records and taken into account in calculating the retirement age, the number of premium days, and the retirement pension. In addition, the SGK may initiate administrative action against the employer for unpaid or under-paid insurance premiums.

Practical Recommendations

If you notice you have worked without insurance registration or with incomplete registration, check your SGK service record; gather all documents demonstrating your employment (salary payments, correspondence, witness information) and begin the litigation process before the five-year period expires.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.