The application of actual service time increase in Turkish social security law

Some lines of work, by their very nature, have more severe, strenuous and dangerous working conditions than others. This may be due to the nature of the work or technological inadequacies. Insured persons working in these professions need different regulations than other insured persons due to the difficulties they are exposed to. In this context, the actual service period increase regulated in Article 40 of Law No. 5510 aims to compensate for the occupational wear and tear of employees and to provide support through early retirement. In our study, the concept of actual service period increase is discussed in detail. In the first part, the relevant concepts and historical development of this regulation are included for a better understanding of this regulation. In the Turkish social security law, the legal regulations and important amendments introduced from the past to the present for insured persons working in heavy and strenuous jobs are analyzed. In the second part, the notional service periods in the Social Insurance Law No. 506 and the actual and notional service periods in the Retirement Fund Law No. 5434 are discussed comparatively. The conditions under which insured persons can benefit from these rights, the occupational groups within the scope and the advantages provided to them are explained. In the last section, the actual service period increase regulated in Article 40 of Law No. 5510 is analyzed in detail. The lines of business covered by this regulation, the advantages it provides for the insured and the obligations it imposes on employers are discussed. In addition, the deficiencies identified in the current regulation are evaluated and solution proposals are presented.