Protection of the public servants injured due to the work in terms of social security

Social security entails protection guarantees of the damage of the risks that occur without people's will. At the same time Social security is one of the main indicators of the social state. All nations agree that social security is one of the basic human rights. The social security right was guaranteed by regulation in the Universal Declaration of Human Rights and the other international agreements and constitutions of every country. The social security right is included in the Constitution of Turkey in accordance with the international agreements. Within the Constitution it is stated that the provision of social security is the duty of the state. Social security is also one of the basic human rights. Social security in Turkey is based primarily on social insurance, funded mainly from contributions by employers and employees. The Government does not make any regular contribution to the financing of social security except for the unemployment insurance. However, the government pays for the deficits of the publicly mandated insurance organizations. Turkey's social security system consists of three major social insurance funds: The Civil Servants Pension Fund (T.C. Emekli Sandığı) which is for civilian and military public employees, the Social Insurance Institution (SSK) which is for wage-earners employed on a contract of service and workers employed in the agricultural sector, and the Social Security Organization of the Self-Employed (Bağ-Kur) which is for craftsmen, artists and artisans, small business owners working on their own account, and people working independently in the agricultural sector. There are different types of statute employment in the public sector. The Civil Servants Pension Fund (T.C. Emekli Sandığı) protects the public servants only against disability, old-age and death risks.173 When the public servants are working actively, their social security will be met by the organization in which they are employed. If an official is not able to do his or her duties, then he or she is classified as being disabled. If this invalidity is a direct consequence of the job then the employee will recieve a higher pension as way of compensation. However if the invalidity is not a direct consequence of the job then no compensation will be rewarded According to the Law numbered 5434 disability and old age pension depend on the salary the persons earn. Pension is determined on the basis of the salary. Invalidity arising from duty and war is also compensated. In addition to these, there are social payments for public servants who are involved in combat fight against terror, prevention of the smuggling and providing safety. In this thesis we examine protection of public servants subject to the juridical system, and social security.