A new era has begun in the SSI checks applied during traffic inspections for drivers using commercial vehicles registered to companies. Previously, in evaluations made through traffic violation reports, administrative fines could be imposed on vehicle-owning companies due to drivers determined to be uninsured.
According to a report by NTV, with the new regulation, whether or not an employer-employee relationship exists between the driver and the vehicle owner will be examined in detail.
Since 2021, cooperation has been carried out between the Social Security Institution (SSI) and Provincial Police Departments to prevent unregistered employment. In this context, during traffic checks conducted by police teams, the SSI records of individuals using commercial vehicles belonging to legal entities are queried.
If the driver's insurance record is not found during the checks, the situation is reported to the SSI. As a result of the institution's investigation, administrative fines are imposed on companies determined to be employing unregistered workers.
INFORMATION OBTAINED FROM TRAFFIC INSPECTIONS IS TRANSFERRED TO THE SSI
In inspections carried out by provincial police departments, traffic administrative fine decision reports are issued regarding vehicles used for commercial purposes. The information contained in these reports, which are served to the driver in person, is then shared with the SSI.
The transferred information includes the vehicle's license plate, the driver's T.R. identity number, first and last name, the place where the fine was issued, province and district information, the unit that performed the transaction, and the date of the report.
The SSI would examine the reports forwarded to it, check the insurance status of the drivers, and carry out the necessary procedures if unregistered employment was detected.
THE INVESTIGATION PROCESS FOR PENALTIES AGAINST COMPANIES HAS CHANGED
With the new regulation, the fact that the person using a commercial vehicle is uninsured will not be sufficient on its own for an automatic penalty to be applied to the company.
If there is no past SSI record, and therefore no employer-employee relationship, between the driver named in the traffic report and the vehicle owner, the file will be sent directly to SSI inspectors.
At this stage, the statements of both the driver and the employer will be taken. Issues such as kinship or friendship between the parties and whether the vehicle was used as a loan will be investigated. A decision on whether to take action will be made in accordance with the report to be prepared as a result of the investigation.
HOW WILL WORKING TIME BE CALCULATED IN MULTIPLE DETECTIONS?
The regulation also redefined the principles regarding service calculation to be applied if more than one piece of information and document showing that the insured person actually worked at the same workplace reaches the Institution.
Accordingly, the oldest detection will be accepted as the start date of employment. For each working day determined within the same month and in the following months, one day of service will be credited to the insured. The working relationship in question will be evaluated within the scope of part-time work.
The first new detection made after a month in which no detection was found will be accepted as a new start of employment. In this case, the previous working relationship will be terminated as of the last day for which service was credited.
Files examined by units combating unregistered employment but not yet sent to the relevant departments, as well as records that have completed their investigation and have been forwarded to the relevant departments for processing, will also be evaluated according to the provisions of the new circular.
PENALTIES APPLIED TO COMPANIES EMPLOYING UNINSURED WORKERS
If the detection that an unregistered worker is employed in a commercial vehicle is revealed by reports issued by traffic teams, administrative fines can be imposed on companies within the scope of Article 102 of the Social Insurance and General Health Insurance Law No. 5510.
The specified penalty amounts are as follows:
- If the employment entry declaration is not submitted to the SSI within the legal period, a fine of two minimum wages, 66 thousand 60 liras, is applied.
- In case the same violation is repeated within one year, a fine of five minimum wages, 198 thousand 180 liras, is imposed for each uninsured worker.
- For each month that the uninsured worker is not reported in the monthly premium and service document, a fine of two minimum wages, i.e., 66 thousand 60 liras, is applied.
- Because the worker is not included in the monthly payroll, a fine of half a minimum wage, 16 thousand 515 liras, is imposed for each month.
- If it is determined as a result of the examination of the company's legal books and documents that the worker was employed without insurance, an administrative fine of half a minimum wage, i.e., 16 thousand 515 liras, is applied for each month due to the invalidity of the records.
THERE IS A PENALTY EXEMPTION FOR THOSE WHO RENT VEHICLES
Administrative fines are not applied to drivers using rented commercial vehicles, provided that certain conditions are met.
Accordingly, the real or legal person renting the vehicle must have taken out SSI insurance for the driver. In addition, it is considered sufficient for the vehicle rental agreement to be prepared in writing and signed by the parties.
THE VEHICLE OWNER'S RESPONSIBILITY IN CASE OF AN ACCIDENT
It is stated that the vehicle owner has financial and legal responsibility if the driver of the commercial vehicle has a traffic accident and is injured or loses their life as a result of the accident.
News Source: 12punto
