Mevzuat Kategorileri
Hukuksal Düzenlemeler
Türkiye’de Kişisel Verilerin Korunması Kanunu, Sosyal Güvenlik Hukuku, Vergi Hukuku, İş Sağlığı ve Güvenliği Mevzuatı, Borçlar Hukuku, İş Hukuku, Ticaret Hukuku, Türk Parası Kıymetini Koruma Mevzuatı, Kambiyo Mevzuatı ve Vatandaşlık ve Göçmenlik Mevzuatı ile ilgili en güncel bilgilerin yer aldığı makalelere buradan ulaşabilirsiniz.
İkili Anlaşmalar
Türkiye ve diğer ülkeler arasında yapılan en güncel uluslararası ikili sosyal güvenlik ve vergi anlaşmalarının tarihlerine ve dokümanlarına buradan ulaşabilirsiniz.
17 Ocak 2025
Yazar Ümit Kır, Kategori Work Life
An amendment made in Article 102 of Law No. 5510 on Social Insurance and General Health Insurance stipulates that employers who submit declarations and documents to the Institution after the legal deadline, under certain conditions, will receive a discount equivalent to one fourth of the administrative fine amount. This regulation is understood to aim at encouraging employers to fulfill their obligations retroactively.
The discount is applied when declarations and documents are submitted to the Institution outside the legal deadline, provided that the following conditions are met:
The following acts are eligible for a discount on administrative fines under this regulation:
When the declaration or document is voluntarily submitted by the concerned parties within 30 days after the legal deadline and the relevant fines are paid within 15 days from the day following the notification date, the fines stipulated by the Law will be applied at one fourth of their original amount.
Due to the requirement that the administrative fines covered within this scope must be paid in advance within 15 days from the notification date, according to the fifth paragraph of Article 102 of Law No. 5510, which states: "If administrative fines are paid in advance within 15 days from the notification date without objecting to the Institution or resorting to judicial remedies, three fourths of them shall be collected," only one fourth of the notified fine amount will be collected.
In this case, the administrative fine to be applied will have mathematically 3/16 paid. When calculated as a percentage, an 81.25% discount will be applied to the total fine amount, and 18.75% of the fine will be paid.
The high rate of this discount not only increases the motivation of employers to voluntarily fulfill their obligations but also allows them to quickly comply with their penal obligations.
If an employer voluntarily submits the employment entry declaration of an insured person who started working on January 3, 2026, on January 09, 2026, the administrative fine based on the gross minimum wage in effect on the date the act was committed, which is 33,030.00 TRY, will be notified to the employer because the declaration was submitted within 30 days after the legal deadline.
In this case, if the administrative fine is paid within 15 days from the notification date without objecting to the Institution or resorting to judicial remedies, the fine amount will be calculated as follows:
In this scenario, while the employer would need to pay 33,030.00 TRY due to the committed act, by paying the administrative fine of 6,193.00 TRY, which corresponds to 18.75% of the aforementioned amount, the employer benefits from the discount. Consequently, an 81.25% discount is applied to the total fine amount that the employer is required to pay.
Should you have any queries or need further details, please contact us.
Notification!
The content in this article is for general information purposes only and belongs to CottGroup® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.
CottGroup® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.
The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.
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