The establishing of social security relationship founded on service contract

One of the principal liabilities of the employer is to notify the insured to the Institution. It is the liability of the employer both towards the insured and the Institution. As for the Social Insurance Institution, confirming the insurance status of the insured and protecting his rights remain its primary obligations. However, due to high insurance premiums, great numbers of employers, by exploiting the malfunctioning control mechanism of the Institution, fail to comply with the obligation to notify their employees to the Institution. As a consequence, thousands of insured are employed without being notified to the institution.The insured employees of whom employment reports are not notified to the institution do not object to this situation as the provisions of the job security act are not duly enforced. Certain of them do not even notice for years that they have not been notified or that their employment reports fail to represent the truth. Then, fo!lowing the termination of service relation, these people have to file a lawsuit before labor courts for the determination of their service relations pertaining to previous periods.The determination of social insurance relation by means of bringing an action before the court ranks among the most common cases occupying the courts in Turkey. In this thesis, the liabilities of the parties and the methods fordetermination of service of the insured who has not been notified to the institution are concomitantly examined in the framework of social insurance relation. Remedies standing as the most exhausted and effective method for the determination of social insurance relation is assessed on the basis of rulings and doctrines in the field. The striking point revealed in our examination on the rulings is the fact that principal characteristics of social insurance such as imperativeness, indispensability, and inalienability are ignored in some decisions.Hence, a conviction about the requirement of a review on such decisions was developed. The procedure required to be followed at the end of the case by the insured who has his social insurance relation determined via remedy is hereby covered as well. For, having that relation determined proves to be insufficient to be able to benefit from social insurance payments; thus, it is stili required to ensure that this declaratory judgment is put in process and the premium is collected.