Service determination lawsuit is a lawsuit filed by an uninsured worker to register their work periods with the Social Security Institution (SGK). It is regulated under Article 86 of the Social Security and General Health Insurance Law No. 5510. This lawsuit is a critical tool for protecting the worker's retirement rights and for the retroactive payment of SGK premiums.
Conditions for Filing
- The worker must have actually worked (at least 1 day)
- The work must be on the basis of an employment contract (service relationship)
- No notification has been made to SGK or has been made incomplete
- The 5-year statute of limitations must not have expired
Competent Court
Service determination lawsuit is filed at the labor court. The court of the workplace location or the worker's residence has jurisdiction. The lawsuit is filed by the worker against SGK and the former employer together.
Statute of Limitations
The period for filing a service determination lawsuit is 5 years from the end of the calendar year following the year in which the work took place. According to Supreme Court 21st Civil Chamber precedents, the statute of limitations starts again with the worker's retirement.
Burden of Proof and Evidence
The worker must prove that they have worked. Evidence that can be used:
- Witness statements: Other workers at the same workplace, customers
- SGK records: Notifications made by the employer for other workers
- Tax records, invoices, checks
- WhatsApp messages, e-mails: Correspondence with the employer
- Payroll, wage statement samples
- Insurance premiums being paid for others
SGK Inspector Review
The court usually first requests an SGK inspector review. The inspector tours the workplace, examines records, listens to witnesses. The inspector report is not binding for the court but is important evidence.
Consequences of the Lawsuit
If the lawsuit is accepted:
- The days worked are retroactively registered with SGK
- The employer pays the SGK premiums with default interest
- The worker gains retirement rights
- Access to rights such as health insurance, death insurance, disability
- Severance pay right arises
Retroactive Premium Burden
The employer must pay the retroactive SGK premiums together with statutory interest. As of 2026, an annual default surcharge of 30-40% is applied. Due to these high amounts, some employers try to reject service determination.
As Elazığ Law Office
In service determination lawsuits, we provide our clients with services in: lawsuit filing strategy, evidence gathering, witness hearing process, SGK inspector report evaluation, premium calculation and representation at the appeal-cassation stage if necessary.