Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4595.html
Law No. 4595
Acceptance Date: 11/01/2000
Article 1 - 07/15/1998 Date, signed in Tirana, "the Government of the Republic of Turkey between the Government of the Republic of Albania Social Security Agreement" has been used in the validation of.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.
THE GOVERNMENT OF THE REPUBLIC OF TURKEY
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ALBANIA SOCIAL SECURITY AGREEMENT
GOVERNMENT OF THE REPUBLIC OF TURKEY AND THE GOVERNMENT OF THE REPUBLIC OF ALBANIA
Hereinafter the "Parties" will be called, have to co-operate in the field of social security
DECIDED to have a contract for this purpose, and in the following
1. CHAPTER I GENERAL PROVISIONS Article 1
1. concepts used in the text of this agreement:
1.1. "Country" Turkey in terms of the Republic of Turkey, the Republic of Albania Albania
1.2. "Legislation" referred to in Article 2 of the Law, Rules and Regulations,
1.3. "Help" in terms of a Party, that any cash benefits linked to a provision in the legislation Parties, meaning the pension or benefit and such a cash benefit, any addition or increase will be applied to pension or benefit,
1.4. "Competent Authority" Working with regard to the Republic of Turkey and Social Security Ministry, the country's whole or any part of the social security branch and the Ministry responsible for the system and other relevant Authorities, in terms of Albania, Labour and Social Affairs, all over the country or in any part of the social security branches and the responsible ministries or other relevant authorities of the system
1.5. "Competent Authority" responsible for the fulfillment of the legislation referred to in Article 2 Institutions,
1.6. "Period of insurance" Insurance premiums are considered paid and paid on time,
1.7. "Insured Person" in the implementation of the legislation specified in Article 2 or to be applied to individuals,
1.8. "Individual Family" party envisaged in the legislation to which the competent authorities of the Parties
1.9. "Residence" as the place of permanent residence,
1:10. "Temporary residence" permanent resident in a country other partys Party Party temporarily resident in the country where he refers
2. Each definition is not mentioned in this article, it shall have the meaning specified in the legislation is used.
Legislation Article 2 of the Convention will be applied. This Convention shall apply to the following legislation:
(a) In the Republic of Turkey:
a. 1. Social Insurance Act covering workers Agricultural Workers Social Security Act;
A. 2. State officials, including the Republic of Turkey Retirement Fund Law (invalidity, old age and death):
a. 3. Tradesmen and Artisans and the Self-Employed Social Insurance Institution Act on Their Own Behalf of Agriculture and the Self-Employed Social Security Act (invalidity, old age and death):
a. 4. 506 of the Social Insurance Law Article 20 about the Fund is subject to the temporary legislation:
(b) the Republic of Albania in terms of:
b. 1. Social Security Legislation (sickness and maternity, Occupational injury and occupational diseases, disability, old age and death) and also economically active people who are working with other people (workers and self-employed)
b. 2. legislation on family benefits,
b. 3. Health insurance related legislation
b. 4. Health care related legislation
2. This Agreement is without prejudice to the provisions of paragraph 3, amending the legislation specified in paragraph 1, additions that are also applicable to combine or substitute legislation. 3
. bringing new rights at a Party's legislation changes, if made, will be notified within 3 months of the other Party. Other Party does not object to the amendment within three months if the contract also apply to these changes.
4. To legislation concerning a new branch of social security, the Contracting Parties of the Convention for this purpose the condition that it be applied.
Applications Covered by Article 3 People
This Agreement, the Republic of Turkey and the Republic of Albania or have been subject to legislation which is subject to no one with whom to apply to their dependents covered by the applicable legislation of one of the two countries and eligible survivors.
Article 4 Equality of Treatment
persons as defined in Article 3 according to the law of the Contracting Party, receive equal treatment regarding rights and obligations.
ARTICLE 5 Issuance of
Unless otherwise specified in this Agreement;
1. This contract therefore include aid obtained, 3. any person to pay benefits in accordance with the Party legislation defined in Article, because she was one of the resident in the other country, any reduction, modification, suspension, cancellation and shall not be subject to seizure and help other Parties the country is paid.
2. Both are subject to the laws of the Parties or such a person was a person or persons as dependents or survivors with assistance payable under this contract shall be paid in the territory of a third State.
. Paragraph 1 of this Article shall not apply to the following aid.
A) Unemployment benefits,
b) In case of an aid or need special assistance connected.
II. REGULATORY PROVISIONS APPLICABLE SECTION
Article 6 Rules Regarding Coverage
1. Without prejudice to the following provisions of this Convention;
1.1. A person employed by a party countries, respect of that work, be subject only to the legislation of the Parties; and
1. 2. Standing as a party residing in the territory and the territory of the other Party or Parties of both countries for their own account, a self-employed person, in respect of that work, be subject only to the permanent residence of the Parties to the legislation.
2. A Party which is subject to the laws of the other country and the employer by a person who is a period of 24 months to exceed employment, these services would be subject only to the legislation of the first Contracting Parties as if you were the first Party. Both Parties with the prior approval of the competent authority that the 24-month period may be extended by a total not to exceed 60 months. 3
. A person that provisions of the Convention applying the are going to be subject to the legislation of both Parties because of work as the crew of a ship, this business about the Turkish flag bearing the ship personnel to the Turkish legislation, Albania personnel on board carrying the flag is subject to the Albanian legislation.
4. people who are employed in connection with a government run tasks on behalf of a country if a citizen of the other Contracting Party Party Party employment, citizens would be subject to the legislation of that party. These people may want to apply to citizens of the other Contracting Party or if he is permanently residing in the country for permanent residence rights in their country's legislation. It made the choice not extend to ancient times.
5. Authorities of the Parties with respect to any person or group may, by mutual agreement, modify the application of these provisions.
HELP WITH PROVISIONS CHAPTER II. JOINING PART
Aggregation of periods of insurance
Article 7 1. vesting of the benefits under the legislation of one Party, preservation or re the acquisition in cases where due to the identification of certain insurance period, the competent authority of the periods of insurance in the other one Party also agrees in accordance with its legislation with the requirement to come across.
2. According to the legislation of the Parties initially hired as the insured, or to protect the right help in the detection of regaining conditions, while in the other Party and is considered the date of first start.
Article 8 by
Third State Legislative
If a person is legislation of the Parties uyarınc of Article 7 on the basis of combined insurance period as stated, is not entitled to the payment of a benefit, it's one of the according to earn the right to win the support payments they are affiliated with a social security agreement with the third State legislation allowing the consolidation of the time periods in which each Party shall be determined by the combination of the insurance periods.
be merged Minimum Duration
Notwithstanding any other provision of this Agreement, in accordance with the Party legislation, less than a year, the sum of a person by the insurance period and if only taking into account this time, it is a under the legislation parties that do not have the right to help from the competent authority can not be connected to any request for help to anyone about this period with due regard to this Convention. So far, this time from the other Party is taken into account in determining entitlement to benefits under the applicable legislation.
II. PART sickness and maternity benefits are
Article 10 Aggregation of periods of insurance
According to the legislation of one
Contracting Parties disease and the emergence of the right to maternity benefits, the protection of or recycled, certain insurance or working time in the cases were due to be completed, the competent authority of the Contracting Parties completed by the other Contracting Party the legislation of insurance or work times completed under its own legislation times as it considered. Benefiting from Health Help
Article 11. Turkey insured with conditions of residence by family members with them running in the subbing operated Albania insured residence by family members in the side with or Albania in Turkey for the performance of a particular job by the employer immediately (emergency) where also a business center that requires treatment Party's account country, disease or maternity insurance for their assistance, including hospitalization, benefit.
2. According to the legislation of one Contracting Party to insured employees who are temporarily their family members who reside with them in the territory of the other Contracting Party, the health status of immediate (emergency) when required treatment, the account of the countries they are registered in sickness or maternity insurance for their assistance, including hospitalization, benefit. 3
. residence by family members, in addition to insured employees who are according to the legislation of one Contracting Party Republic of Turkey or the Republic of Albania while benefitting from Social Security Institutions provided by sickness or maternity insurance benefits, residence in the case of transport to the other Contracting Party shall continue to benefit from this assistance. However, related, must receive the permission of the competent authority before changing his residence. Permission request, the residence of the health status of the institution concerned shall be rejected only by a doctor's report on the case of mania to be conveyed to the other Contracting Party. Even if the reasons are not taken before
obtained, consent may be given later.
4. Help the rights won and not won by the legislation of the country of employment insurance, family members, and the scope and type of assistance based on performance or temporary residence is made is determined by national legislation.
5. Insured based on the country legislation help entitlement that people in the other country of residence by family members, according to the legislation of the country in which they reside with the requirement to have the right to benefit from medical assistance illness, they benefit from the medical assistance provided by maternity insurance.
6. When transferring the competent authority of the country where members of the family residences available, assistance from, the Contracting Parties shall make use of the provisions of the legislation. This provision provided by family members of the institution of the country where they do things before replacing the residences if they have started to benefit or maternity cases of the same disease also applied. In this case, the competent authority in the legislation that apply a specified maximum period for health benefits, the aid is taken into account in the residence time was made before the transplant.
7. Help expenses of the insured are covered by the Parties is registered. ARTICLE 12 Health Benefits of pensioners
1. According to both Contracting Parties legislation by merging of past periods of insurance in the two countries, monthly or anyone connected income, according to that Contracting Party's legislation to reside country has the right to medical assistance and to family members if the gain this right, benefits the obligation of residence is the country's institutions and these institutions provided by the legislation.
2. Contracting according to the legislation of the parties a connected pension or income one if the other Contracting Party in the territory residence meat, pension paying qualify their health benefits should he need their family members in accordance with the Contracting Parties legislation, pension paying Contracting Parties the competent authority is provided by the institution in the name and account of residence scene . 3
. Both Contracting Parties legislation, according to a monthly or according to the legislation only of the Contracting Parties to persons connected monthly income or of anyone connected income and other Contracting Party in the territory of temporary residence of the residence which the family members in their side, immediate situations (emergency) When require assistance, first although permanent residence is the competent authority of the country, provided that the account of the competent authority of the country that pays second state pension, benefit from health care.
4. This does not help the rights won and won, a permanent resident of the country for which he is receiving a pension from both parties, just for a pension from a pension paid by the Parties shall be determined according to the laws of the Contracting Parties. The scope of the aid, which takes months to get in shape and exercise is one of the residence he is determined according to the national legislation.
Article 13 Highlights Health Benefits and Financial Assistance for
1. This Convention, 11, 12 / 2-3 Article provision of important health benefits to be provided to persons who are entitled to benefit from assistance in accordance with health, depends on the absolute condition that did not allow the competent authority, except for emergency cases.
2. Monetary assistance of (daily allowance) paid as provided by the regulations of the institution concerned is registered.
Article 14 Health Aid Payment of Expenses
this Convention 11, 12, 13, 15, 18, 19, Article 20 of the health care expenditure made in the cases provided for, by the Authority is concerned is registered, help that country's competent authority, the Administrative Agreement to be determined shall be paid within the rules and procedures.
Article 15 maternity benefits
an insured or the misbehavior of the right to benefit from maternity benefits according to which one or both Contracting Parties legislation of one of the family members about this person, if necessary by taking into account the combined periods of insurance according to Article 10, only the birth legislation in force in the country applied to occur.
Entitled to a maternity benefit anyone with health benefits, according to the case 11 of this Convention are met within the framework of the principles in articles 12 and 13.
FUNERAL COSTS ARTICLE 16 SECTION 1. A person who are insured according to the legislation of one Contracting Party in the territory of the other Contracting Party if he died, the insured died as the Contracting Parties country is entitled to funeral expenses.
2. The implementation of this Agreement, according to both âkittaraf legislation where possible payment of funeral expenses, funeral expenses death Contracting Parties which countries had transpired while she is paid by the Party legislation. 3
. The deaths have occurred outside the country of the Contracting Parties, make provision for funeral expenses were deceased person was subject to the legislation of the last Contracting Party which he is paid by the Party legislation.
4. On about the death, to the emergence of the right to assistance in question if it does not fill the insurance period provided for in the new study that country's legislation, to complete periods of insurance in this country are taken into account through the insurance period before the workers in other countries.
Invalidity, AGE AND DEATH GRANTS Article 17 Calculation of
1 Amount Payable Help. Connecting exclusively or monthly income according to the legislation of one Party to a person entitled to the other Contracting Party are connected to the insurance periods in individual months of consideration.
2. According to a Contracting Party legislation, the absence of the right to an independent monthly or on income, but the Convention 7 or by taking into account the period, according to Article 8 in a month or the existence of the right to request comes, the following provisions shall apply.
2. 1. Each Party's competent social security institutions when calculating the pension, taking into account the salary or income detects the combined periods of insurance under the legislation as passed.
2. 2. The competent authority then 2.1. the insured period according to both Contracting Parties legislation to the insurance periods completed according to me, according to the salary or income determined in theoretical own legislation by calculating the portion according to the ratio of the total, determines to be paid monthly or amount of income. 3
. The reduction in the pension legislation of the Contracting Parties, the provisions relating to suspension or interruption are taken into account in the implementation of this Convention.
V. ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES PART
Article 18 of Occupational Accidents Related Assistance. Contracting Parties according to the legislation applicable in each of the hike in the income connected as a result of occupational accidents or complement assistance provided in addition, one of these residences will continue if it conveyed to the other Party.
2. Party of one of the country suffered an accident at work or profession of helping a person provided on temporary Incapacity circuit kept the disease after the start of benefit when transferring residence to the other country, before the move, subject to the approval of the competent authority, which is registered, continue to benefit from this assistance.
If at the end of term of the licenses granted
requires work accident or occupational disease suffered one case, it allowed pursuant to the consent of the competent authority and the medical report with extended until healed. 3
. A person residence of the then transported to another country in case of recurrence of work accidents or occupational diseases, the first diagnosis of the date of accident or occupational disease subject to the approval of the Authority which is registered occupational accidents are entitled to benefit from health care assistance insurance.
4. This Article 2 and 3 of health in the cases provided for in subparagraph (treatment) help, according to the provisions of this aid and scope of the workers in terms of performance so new place of residence to the legislation applicable in the country is provided by the institution of this country. Paragraph 2 of this Article in the prescribed form, cash benefits (daily allowances) in accordance with the relevant legislation that governs and is provided by the Authority to be registered.
5. 2 and 3 of this Article, the working costs of the aid in the cases provided for in paragraph shall be paid by the Authority to be registered. institution in the country where the new residence is located by the Authority to which the worker is registered, how to pay the health care costs will be determined by the Administrative Agreement.
6. In the cases provided for in Article 2 and 3 of this bend, providing important health benefits by adding a list of the Administrative Agreement, except for emergencies, which are subject to the permission of the Authority registered workers.
7. According to the country's legislation, in the determination of a work accident or occupational disease results in permanent disability degree occurring, according to another country's legislation previously that have occurred accidents at work and occupational diseases, it is taken into consideration, such as have occurred according to the country's legislation.
Article 19 of Occupational Diseases Related Assistance. anyone exposed to occupational diseases, if any two countries in question over the country worked in a job that may lead to disease, aid requested by the insured or death Rightsholders, based exclusively on such legislation in the territory of a country where most of the work last performed, is provided related to fulfill the conditions stipulated by the legislation, registration .
2. Benefit from the assistance the legislation of occupational diseases from the country, if you are connecting for the first time must have been in a medically observed on its territory to illness, disease for the first time, if it is observed other Contracting Party in the territory, it is deemed to have fulfilled this requirement. 3
. Which it is made of an occupational disease benefits under the legislation of one country, in the case of aggravation that the patient's residence in other countries, the following rules apply. 3
. 1. Workers, and the new residence the country made in occupational disease worked in a job that may cause or worsen occur, the Authority which insured the first country in is registered, taking the aggravation into account, give the necessary assistance according to their legislation. 3
. 2 Workers, and worked like a job in the new country of residence, which is stored in the first country institution, irrespective of aggravation, takes on the aid to be according to the laws; new residence is stored in the country where the institution, the worker pays equal an additional help to the difference between determination according to the laws are and aggravation after payment of necessary aid amounts and had occurred in its territory disease before aggravation pay the aid amount.
VI. ADMINISTRATIVE AND MEDICAL CONTROL PART
Article 20 1. A Party in the territory of invalidity or industrial injuries, occupational is incapacitated for work can not be the case because of the disease and the other country residing and social security rights to benefit from the one required to determine the disability status of administrative and medical controls, the other Contracting Party Competent Authority is made at the request of the competent authority.
So far, the competent authority retains the right to examination by a doctor of his choice in the country of residence whether the country wants about. In this case, the way money and residence expenses are borne by the competent authority making the request.
2. Control costs Control requesting competent authority shall be paid in accordance with the principles and procedures specified in the Administrative Agreement.
IV. MISCELLANEOUS PROVISIONS CHAPTER
two countries' competent authorities by a general administrative agreement to be made, the required conditions for the implementation of this Agreement and, in particular, the requirements related to the current article refers explicitly to the Administrative Agreement shall determine.
Liaison agencies of the two countries will be determined in the Administrative Agreement.
In addition, the procedures and principles for the implementation of the general Administrative Agreement to be seen and to be a necessary addition to the Administrative Agreement shall be determined jointly and formulas will be added.
Article 22 Exchange of Information and Mutual Assistance 1. Authorities and institutions responsible for the implementation of this Convention:
1. 1. To the extent permitted by the legislation, shall notify to each other any information necessary for the implementation of this Convention;
1. 2. In accordance with this Agreement or the legislation to which this Convention applies with respect to payment or determining entitlement to the aid of any help as it was about the implementation of their legislation, they help each other; and
1. 3. as soon as possible, or if it affects the implementation of all measures taken to implement the Convention, this Convention shall notify each other the changes in their legislation.
2. sub-paragraph 1 of this Article, paragraph 2 The assistance referred to in participating in certain types of expenses for reimbursement made in accordance with Article 21 of the Administrative Agreement without prejudice to any provision is provided free of charge. When a Party seeks reimbursement from the competent authority of the other Party's Competent Authority, the Authority first second Authority, reports specifying the amount payable in the currency of the first Party. Thereupon, the second institution that amount is paid in the currency of the first Party primary drying. 3
. Disclosure in accordance with the laws of a party unless this Agreement is confidential any information sent one on one to a party by the other Party by and is only used for the execution of the legislation implementation of this Convention and this Agreement.
Article 23 Taxes, Duties, Waiver of Fees and Charges or Discounts
1. A Party, that Party in connection with the preparation of any certificate or document required to implement the legislation legislations provision connected with the tax, pictures, exemption from consular fees or administrative charges or any discount related, necessary documents related to the implementation of the other Party regulations and documents in It covers.
2. Any documents of an official nature required for the implementation of the Convention be exempt from any diplomatic or consular authorities or similar formality of approval.
ARTICLE 24 Language of Communication Authority and other institutions of the Parties to the implementation of this Convention, communicate directly with one of the official languages of the two Parties.
request Submission of Notice and Objection 1. According to the legislation of one Contracting Party, that Party's Competent Authority, or the Authority the request for the determination of an assistance payment or benefit rights made in due time, notice or appeal to the other Party's Competent Authority shall be considered as submitted to the Authority. The same also applies to declarations and objections to petitions on other issues.
2. The force of the Convention a request for assistance made in accordance with the legislation of a Party after the date of entry, are considered to be a claim for the corresponding benefit under the legislation of the other Party.
So far applicant:
2. 1. In accordance with the legislation of the other Party of the request also be mentioned that in the current petition,
2. 2. Or are required to submit information and documents related to the creditable periods completed under the legislation of the other Party.
Above considerations do not apply if he wishes to postpone the request for assistance clearly in the petition of the applicant. 3
. 1 and 2. In any cases where application of the clause, demand, notice or appeal has been submitted by the Competent Authority, or the Authority, transmit it without delay to the competent authority of the other Party or the Authority. ARTICLE 26 Payment of Benefits
competent authority of a Party may fulfill its obligations in the currency of that Party under this Convention.
ARTICLE 27 Settlement of disputes 1. Contracting Parties Authorities, all disputes arising due to the interpretation and application of this Agreement between the Contracting Parties shall try to settle by negotiations.
2. removal within six months the dispute is not possible in this way, in this case on the application of one of the Contracting Parties will be transferred to a resolution of the dispute arbitration committee to be formed in the following manner.
2. 1. Each State Party to the Convention, the application related to the dispute resolved by the arbitral tribunal from falling into the hands shall appoint an arbitrator within one month. The two arbitrators appointed in this way, as the arbitrator appointed by the state since the last report the appointment of a national of a third person in the state choose the third arbitrator within two months.
2. 2. Where to appoint an arbitrator within the period of a State Party shall be determined, referring to other states President of the European Court of Human Rights, the judges may want to designate. Designated two arbitrators to be appointed fail to reach an agreement on the choice of the third arbitrator may apply to the European Court of Human Rights in the same way.
2. 3. If there is a national of either State Parties of the Convention, the President of the European Court of Human Rights, the vice president of the court of tasks assigned to it by this Article or transferred highest ranking judge, shall be of no case in the same nationality. 3
. The arbitral tribunal shall decide by majority vote. The decisions of the committees is also nitilik binding for both states. It meets the arbitrator appointed by each State Party to the Convention the costs himself. Other costs that are borne equally by States Parties to the Convention. The arbitral tribunal determines its rules of procedure itself.
PART V TRANSITIONAL AND FINAL PROVISIONS
Article 28 Transitional Provisions 1. This contract was completed before the date of entry into force of any insurance period is taken into account in determining the right to a benefit under this Convention.
2. No provision of this Agreement, the date of entry into force of the Convention does not give the right to payment of a benefit for a period. 3
. 2. Subject to paragraph judgment, other than a lump sum payment, a benefit of this Convention with regard to events which occurred before the date of entry into force from the date of entry into force of this Agreement shall be paid current.
Article 29 of the Entry into Force and Duration of Contract
1. Each of the Parties to the Convention to enter into force it is necessary to notify the other Party of the completion of the internal legislation. Convention calendar month following the month in which the information will be put into force as from the first day.
2. Agreement may be terminated by one of the parties attempt. Termination following the date of notification 6 month earns its validity. 3
. If the contract is violated, this Agreement shall not lose the rights obtained under the provisions of its validity and started talks on a decision about rights being obtained in accordance with the Convention. If agreement is not reached on this issue, the dispute will be solved according to Article 27.
Date of this Convention, July 15, 1998 in Tirana, Albanian, two is applicable to all three texts being equally arranged in Turkish and English and signed original copies. Comment on the basis of differences in the English text.
GOVERNMENT OF THE REPUBLIC OF GOVERNMENT OF THE REPUBLIC OF ALBANIA
Professor Dr. Nami AGE Anastas Anjelica is
Labour and Social Security Minister of Labour and Social Affairs Minister
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