Compulsory Practical Training
As it is known,
Social Insurance and General Health Insurance Law dated 17.04.2008 and numbered 5754, Certain Laws and Statutory Decrees and Clause b of Article 5 of the Social Insurance and General Health Insurance Law dated 31.05.2006 and numbered 5510 "b) Work accident, occupational disease and sickness insurance is applied for candidate apprentices, apprentices and students who receive vocational training in enterprises as specified in the Vocational Education Law dated 5/6/1986 and numbered 3308 although they do not work with service contract; Occupational accident and occupational disease insurance is applied to students who are subject to internship while studying at vocational high schools or during their higher education, and those listed in this paragraph are deemed to be insured under item (a) of the first paragraph of Article 4. Accordingly, Higher Education Institutions will only sustain their students who will fulfill their internship duties as insured within the scope of the short-term insurance branch (occupational accident and occupational disease insurance), and under the provision that other insurance branches will not apply. Again, subparagraph e of Article 87 of the same law, "as specified in item (b) of Article 5, for candidate apprentices, apprentices and those who receive vocational education in enterprises and those who are subjected to an internship at vocational high schools Ministry of National Education or schools where these students are educated are obliged to fulfill the social security procedures; for students who are subjected to internship during higher education, the higher education institution," is obliged to fulfill the social security procedures.
In this respect, in line with the current legal regulations, for our students who are subjected to internship by our University, administrative and financial affairs department, Faculty Deanships / School Directorates and Faculty / Vocational School Secretariats, information about their insurance procedures, the process and the issues that need to be considered in general and the application is written below.
Practical Training Setout Process/ Implementation and Actions to be Taken by our Relevant Units
Related Law Article:
Social Insurance and General Health Insurance Law No.5510
Beginning of insurance
ARTICLE 7- In the first paragraph of Article 4 of Insurance rights and obligations;
a) From the start date of working, vocational education or internship for those who are deemed to be insurance holders under item (a)
Notification and registration of the insured
ARTICLE 8- Employers are obliged to notify the Institution of individuals deemed to be insurance holders under item (a) of paragraph one of Article 4 before the start of insurance stated in item (a) of paragraph one of Article 7 with a statement of employment.
According to the current legislation, internship starting dates of employment (dates of recruitment) will vary according to workplaces and will cause some administrative problems in the process of recruitment due to the fact that they are not identifiable or planned in the previous dates. There will be problems in not delivering the employment declarations, which will pose a great risk during the process of the operation, to the institution on time (the obligation to be delivered to the institution at least one day before starting work, at most ten days before starting work).In this respect, it is of great importance that this issue is meticulously followed by the Head of Departments and the Faculty/School Secretariats..In line with the delays that may be occured, administrative fines will be applied separately for each employment notification in accordance with Article 102 of the relevant law. In order to avoid such problems, it is necessary to determine the internship dates of the students in advance and to complete the recruitment process before starting the internship (starting to work) and to start the internship after the procedures.
Insurance entries, accrual operations will be carried out by the relevant units in coordination, payment and notifications to the Social Security Institution will be carried out by the Department for Administrative and Financial Affairs. For notifications not made in due time,
Related Law Article:
The Law No. 5510 Social Security and General Health Insurance Law
Administrative fines to be imposed by the institution
The Article 102 - Even if it constitutes a crime in other laws by stating the basis by the institution in addition, in this Law:
a) the declarations specified in the first paragraph of Article 8 and Article 61; those who do not give in accordance with the format and procedure determined by the Institution or those who do not send in the aforementioned environment although it is obliged by the Authority to send them on the internet, electronic or similar media or who do not give within the period specified, an administrative fine equal to the monthly minimum wage is applied for each insured.
Things to Do During the Internship
Related Law Article:
The Law No. 5510 Social Security and General Health Insurance Law
Premium documents and workplace records
The Article 86 The employer is obliged to notify the original or additional monthly premium and service document showing
a) Names and surnames, T.R. identity numbers
b) Earnings taken as basic to premium to be calculated according to article 80
c) Number of premium payment days and premium amounts
of the insured employees subject to 4 and 5 articles and of those who are subject to social security support premium within a month; the sample of which is determined by the regulation to be issued by the Institution by the end of the twenty-fifth day of the following month or if the employer does not operate with insurance; the employer is obliged to notify the Institution within fifteen days from the date the insured ceases to work. This provision is for private workplaces and the following provision is valid for public institutions and organizations.
Notification on Procedures and Principles Regarding Submission of Monthly Premium and Service Document to the Social Security Institution and Payment Period of Premiums (Official Gazette Date 28 September 2008)
2.2.1-The form and duration of monthly premium and service documents are submitted to the Institution
Employers of private businesses that employ individuals deemed to be insured under item (a) of the first paragraph of Article 4 of Law No. 5510; (are obliged to send)
-The original, additional or canceled monthly premium and service documents to be issued in relation to the current month at the latest on the 23rd of the month following the month in which the document is related.
- Employers of official workplaces shall submit the original, additional or canceled monthly premium and service documents issued for the present month to the Institution via e-Insurance, until 23.59 on the 7th of the calendar month following the period in which the certificate is issued. If the last day of the aforementioned period, in which the document should be sent, coincides with an official holiday, the monthly premium and service documents may be sent to the Institution via e-Insurance until 23:59 on the first working day following the mentioned last day.
There is a provision within this regulation, which states that only work accident and occupational disease insurance will be applied to students subjected to internship during their higher education and other insurance branches will not be applied. In this regard, 1% short-term insurance (occupational accident and occupational disease insurance) premium will be cut from the students serving their internship. Long-term insurance (invalidity, old age and death and universal health insurance) and unemployment insurance premiums, which are other insurance premiums, will not be cut. The calculation will be made in this manner and a monthly premium and service certificate will be issued every month during the internship. You can find other information required for the issuance of the monthly premium and service documents in the Communiqué on the Procedures and Principles Regarding the Submission of the Monthly Premium and Service Socuments to the Social Security Institution and the Payment Period of Premiums published in the official newspaper dated September 28, 2008.
In this respect, the information required for the issuance of the monthly premium and service documents must be specified with a payroll.
(Payroll and accrual transactions will be operated by administrative and financial affairs department)
Since there is no budget related to this payment in the budget of our academic units, a copy of the monthly premium and service documents will be issued at least TEN DAYS (10) BEFORE the legal period identified by the relevant law, and the payment process will be conducted by the Administrative Financial Affairs Department from the relevant budget allocation
Since the accrual of the Monthly Premium and Service document to the Social Security Institution will be made based on the information received from our relevant units, the information must be submitted to the Department of Administrative and Financial Affairs completely and timely. In the event that there is no internship (work) month within the units, a written application will be made to the Social Security Institution within a maximum of 15 days and information will be given regarding the subject.
Article of the Relevant Law::
Social Security and General Health İnsurance Law No. 5510
Administrative Fines to be Given by the Institution
ARTICLE 102- Even if it constitutes a crime in other laws by the statement of its basis by the Institution, within this Law;
c) For each act of those, who do not submit the documents required in accordance with the first paragraph of Article 86, in the manner and method determined by the Institution, or those who do not send them in the aforementioned environment although they are obliged by the Institution to send them on the internet, electronic or a similar media, or those who do not submit them within the specified period;
1) In case the document is original and provided that it does not exceed three times the minimum monthly wage, one fifth of the monthly minimum wage per number of insured registered in the certificate,
2) In case the document is additional and provided that it does not exceed three times the minimum monthly wage, one-eighth of the monthly minimum wage per number of insured registered in each additional document,
3) In case the supplementary document is prepared ex officio by the Institution pursuant to the fifth paragraph of Article 86, in the amount of half of the monthly minimum wage,
4) If the document is related to the insurance holders whose services or earnings are not reported to the Institution due to the determinations made by the officials of the Institution or other public administrations charged with supervision and control, or whose services or earnings are understood to be not reported to the Institution or are incomplete, regardless of whether the document is original or additional, and whether it is issued by the employer, an administrative penalty equal to three times the monthly minimum wage is imposed.
Terminating the Internship
Terminating the Insurance as per the Social Security and General Health Insurance law numbered 5510
ARTICLE 9- The long-term and short-term insurance shall be deemed terminated as of:
a) the termination date of the employment contract for those insured as per the subparagraph (a) of the first paragraph of Article 4,
Regulation for Social Security Proceedings (Official Gazette dated 28/08/2008)
Notice for Termination of Insured Employment
(1) The notice of terminating the insurance shall be submitted within ten days following the termination of the insurance via e-insurance alongside the notice for termination of insured employment in Annex-5 for those subject to the subparagraphs (a) and (b) of the first paragraph of Article 4 of the Law numbered 5510, and in Annex-5-A for those subject to the subparagraph (c) of the same.
(2) The information registered to the notice for termination of insured employment shall also be shown in the document of relevant monthly premium and service. Any dispute between the notice for termination of insured employment and the document of relevant monthly premium and service shall be resolved via correspondence with the employer.
A notice for termination of employment shall be issued and submitted to the Social Security Institute (within ten days after the termination of the internship) for the student who completed the internship.
Additionally, it is obligatory to present this notice date in the document of monthly premium and service. Otherwise, the student shall be deemed continuing the internship.
The documents of the interns whose service/internship dates have expired shall be submitted to the Social Security Institute via the notice of termination of employment in the Notice of Monthly Premium and Service issued as of the end date of the current month. The problem with this provision for our University is that, in case the students who completed their internship do not submit the end date of their service to the relevant unit, they shall be registered as continuing the internship in the future monthly notices, even though they terminated their services.
In this respect, the end dates of internship programs shall be closely monitored by the secretariat of the relevant Faculty/Units, and the said end dates shall be submitted to the Department of Administration and Finance for terminating the insurance proceedings.
Proceedings to be Performed by Interns
The students who will start their internship shall proceed as follows:
a) The student shall fill out and submit to the Internship Advisor / Commission for approval three copies of the Internship Form for a company determined for internship following a preliminary interview. The Internship Advisor / Commission shall examine this form and submit it for approval to Program / Department of Finance.
b) The three copies of the form approved by the Program / Department shall be submitted by the student to the aforementioned company. The company shall fill out the relevant sections of the Internship Form and declare the student accepted. The student shall deliver one copy each to the company and to the Internship Advisor / Commission.
c) The student shall deliver 3 copies of Obligatory Internship Form approved by Program / Department along with 1 photocopy of ID, 1 student ID document, and 1 photograph to Internship Department. The Internship Department shall approve these documents and take one copy, while the remaining two shall be given to the student. After the insurance registration, the student shall take internship documents (record book, etc.) from the Program / Department and commence the internship.
Interns can obtain the Internship Form from the relevant program / departments or our universitys website.
The students can start their internship only after they completed their insurance registrations.
Any service performed in the company without the insurance registration shall be excluded from the duration of the internship.
Documents to be Submitted to the Secretariat of the Department Alongside the Internship Form
2 Photographs (In accordance with the Dress Code)