How Can an Unregistered Employee in Turkey Protect Their Rights? The Service Determination Case and Evidence

1. Why does unregistered work matter?

Under the law, anyone working for one or more employers under an employment contract is insured, and their insurance rights and obligations begin on the date they start work (Law No. 5510 arts. 4(1)(a) and 7(1)(a) [1]). Having no written contract does not change this: unless the law says otherwise, an employment contract requires no particular form (Labour Code art. 8 [3]).

• Reporting is the employer's duty. The employer must notify SGK with an employment start notice (sigortalı işe giriş bildirgesi) before the employee starts work. There are some exceptions; for example, in construction, fishing and agriculture the notice may be filed at the latest on the first day of work (Law No. 5510 art. 8(1) [1]).
• Not reporting yourself is not held against you. The law also expects employees to tell SGK within one month that they have started work, but failing to do so is not evidence against them (Law No. 5510 art. 8(2) [1]).
• Unreported time does not appear in the records. According to the Court of Cassation General Assembly of Civil Chambers, access to some insurance rights depends on the person having been reported to SGK and on premiums having been paid for a certain period (Court of Cassation General Assembly of Civil Chambers, 23.09.2026, E. 2026/389, K. 2026/522 [4]). Unreported work is left out until it is recorded.

If your work was reported but some periods were left out, or fewer days or lower earnings than the real ones were reported, a court determination may also come into question; the law says that the monthly earnings and premium days stated in the court decision are taken into account (Law No. 5510 art. 86(9)). How the time limit applies in that situation needs separate assessment. This article focuses mainly on work that was never reported.

2. How to check your records and where to complain

1. Check your record. You can check the work reported to SGK through the e-Devlet service SGK Tescil ve Hizmet Dökümü [5].
2. Complain to SGK. The Working Life Communication Centre ALO 170 [6] can be called 24/7, and reports and complaints are also made through it. You can also reach the same centre through the e-Devlet service Çalışma Hayatı İletişim Merkezi ALO 170 [7].
3. Know the limit of an inspection. Reports drawn up by SGK's inspection officers are valid unless proven otherwise (Law No. 5510 art. 59 [1]). However, where an inspection finds someone working on site without any records or documents, at most one year of unreported past work, counted back from the inspection, is taken into account (Law No. 5510 art. 86(8) [1]). For earlier periods, a service determination case becomes relevant.

3. What is a service determination case?

It is a court case in which unreported work is established by a judgment. Under the law, insured persons whose monthly premium and service documents were not submitted by the employer, or whose work SGK could not establish, may prove their work by a judgment of the labour court; the earnings and days stated in that judgment are then taken into account (Law No. 5510 art. 86(9) [1]). For periods before 1 October 2008, art. 79(10) of the repealed Law No. 506, which contains a similar rule, applies (Court of Cassation General Assembly of Civil Chambers, 16.09.2026, E. 2025/638, K. 2026/493 [8]).

According to the General Assembly, three conditions must be met together for an employee to be insured (K. 2026/522 [4]):

• the work is, as a rule, based on an employment contract,
• the work is done at the employer's workplace, or a place treated as part of it, within the employer's organisation,
• the person does not fall under a statutory exception to insurance.

The work must have been actual and genuine (K. 2026/493). The General Assembly states that these cases concern public order (K. 2026/522), that the judge must investigate on their own motion, and that the burden of proof cannot be placed on one party (K. 2026/493). This does not mean the employee need not bring evidence, but the court does not rely only on what the parties submit.

4. The five-year time limit

The case must be filed within five years from the end of the year in which the work was performed (Law No. 5510 art. 86(9)). This is a strict forfeiture period (hak düşürücü süre): once it has passed, the right is extinguished for good (General Assembly, 28.04.2022, E. 2019/767, K. 2022/631 [9]).

The table is a simple application of the statutory rule; the exceptions below and continuous employment can change the result.

When does the time limit not run?

According to the General Assembly, if the employer filed the employment start notice for that work or one of the documents listed in the regulation (such as the monthly premium and service document or the combined withholding and premium return), the five-year forfeiture period no longer applies. The same is true if SGK itself has made a finding about the work. The reason is that SGK was then aware of the employment (K. 2026/522 [4]). Where there is no notice and no finding at all, the case must be filed within five years; in the same decision, a case filed in 2021 for unreported work in 2009–2012 was held to be out of time and to require dismissal.

How is the period counted for continuous employment?

Part of a multi-year job with the same employer may have been reported and part not. The principles from the General Assembly's decisions can be summarised as follows:

• If the unreported period forms part of one continuous period of work together with a reported period, the five-year limit cannot be said to have expired for it (K. 2022/631 [9]).
• If there is a break, the period for the unreported work starts at the end of the year in which that continuous work ended (General Assembly, 19.10.2022, E. 2021/164, K. 2022/1318 [10]).

Some of these decisions were adopted by majority, and the outcome depends on whether the work really was continuous. Dates, workplaces and records should therefore be compared carefully before filing.

5. Where and against whom is the case filed?

Intervening party (ferî müdahil): a person or body that is not a party to the case but joins one side because it has a legal interest in the outcome.

6. How is the work proven?

According to the General Assembly, employment can be proven by any kind of evidence. The court should use workplace records and SGK documents, obtain payrolls and any inspection reports, and identify people who worked there or at neighbouring workplaces and could know the facts, if necessary through the police (K. 2026/493 [8]).

Payroll witness (bordro tanığı): someone who, in the period in dispute, was reported to SGK by the same workplace, so that the records show them as its employee.

When assessing witnesses, the court asks how they know the facts, what their relationship is with the employer and the employee, how they can remember details from years ago, and whether other evidence supports their statements (K. 2026/493). Witnesses are asked about the type of work, start and end dates, whether the work was continuous or seasonal, and the wage.

Practical tips:

• Write down the workplace's full trade name and address, your start and end dates, the work you did and the wage you received.
• Note the names and contact details of registered co-workers and of people at neighbouring businesses who knew you.
• Keep bank statements showing wage payments and any work-related messages.

7. What happens once the judgment is final?

• SGK must implement the final judgment (Law No. 7036 art. 4(2)). The monthly earnings and premium days stated in the judgment are taken into account in the records (Law No. 5510 art. 86(9)).
• For employees under an employment contract, the employer is by law responsible for paying the premiums (Law No. 5510 art. 87(a) [1]). The employer may also face an administrative fine (Law No. 5510 art. 102(1)(a)).
• The recorded period then counts towards your insurance periods, for example for retirement; each right still has its own conditions.

8. Work accidents during unregistered work

Even if the employer did not report the employee in time, SGK pays the benefits and allowances arising from a work accident, occupational disease, sickness or maternity that occurred before the notice was filed or before SGK established the employment. SGK's past and future costs, and the capital value of any pension awarded, are then charged to the employer (Law No. 5510 art. 23 [1]). In other words, the lack of reporting does not by itself prevent these payments; the other conditions still apply, and SGK's costs are passed on to the employer.

9. Wages, severance pay and other claims

A service determination case only corrects the social security record. Unpaid wages, overtime, annual leave pay or severance pay are separate claims, and mediation is mandatory before suing for them (Law No. 7036 art. 3(1) [2]). Their time limits and conditions differ from those of a service determination case.

The Labour Code lists the situations in which an employee may terminate the contract immediately for just cause. The list includes wages not being calculated or paid in line with the law or the contract and working conditions not being applied; unregistered employment is not listed as a separate ground (Labour Code art. 24(II) [3]). Whether resigning on this ground counts as termination for just cause, and what it means for severance pay, therefore depends on the facts. It is advisable to have the situation and the evidence assessed before deciding to terminate.

10. Hypothetical example

This example is purely hypothetical. A worked as a waiter in a restaurant without a break from March 2020 to September 2022, and the employer never reported A to SGK. In October 2026, A checks the e-Devlet service record and sees that this period is missing. Under the General Assembly's approach, the five-year period for this continuous and wholly unreported work starts at the end of 2022, the year the work ended, and expires on 31.12.2027. A files a case against the employer at the labour court, which notifies SGK. Two people registered at the restaurant in the same period and the owner of the shop next door are heard as witnesses, and the monthly payments into A's bank account are filed. The court checks the witnesses' SGK records for that period and assesses the evidence as a whole. Had the work been interrupted, for example if A had left at the end of 2020 and returned in 2021, the period for the 2020 work would have been counted separately and would have expired on 31.12.2025.

11. FAQ

I agreed with my employer to work without social security. Can I still claim my rights?

Yes. Insurance is compulsory, and contract terms that remove, reduce or waive insurance rights and obligations are void (Law No. 5510 art. 92 [1]).

Can I be dismissed for filing a case?

The law does not treat applying to administrative or judicial authorities against the employer to pursue your rights as a valid reason for dismissal (Labour Code art. 18(3)(c) [3]). This rule matters especially in reinstatement cases for employees with job security (those with an indefinite-term contract and at least six months' service at a workplace with thirty or more employees).

Can I file a case if I have no witnesses?

The law does not require witnesses. Where there are none, other evidence such as bank records, messages and records obtained from authorities becomes more important. However, if the evidence does not establish the work beyond doubt, the case may be dismissed (K. 2026/493).

How long does a service determination case take?

The law sets no fixed duration. It requires appeals to be decided as a matter of priority (Law No. 7036 art. 7(5)). The court's workload, hearing witnesses and obtaining records from authorities largely determine the timing.

Do I need a lawyer?

No, you can file the case yourself. However, calculating the time limit, identifying the correct employer and choosing witnesses can directly affect the outcome.