Key Benefits:
REPUBLIC OF TURKEY
CONFIRMING THE UNDERSTANDING OF SOCIAL SECURITY
LAW ENFORCEMENT
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Kanun # 4561 |
Accepted Date: 4.4.2000 |
MADDE 1. - " The Republic of Turkey and the Republic of Austria, which signed on 28 October 1999 in Vienna, have the right to certify the Social Security Council.
MADDE 2. - This will take effect on the release date of the Channel.
MADDE 3. - The Council of Ministers executes the provisions of this Law.
TURKISH REPUBLIC
ILE
AUSTRIAN REPUBLIC
UNDERSTANDING SOCIAL SECURITY
Republic of Turkey
with
Austria Republic
Both states in the social security area In its desire to develop and to adapt with legal development,
hareket
SECTION I General Providers1alýgn="CENTER"> Article 1 Conceps Tariff (1) This On the figure; 1. "Turkey" Republic of Turkey, "Austria" Austria's Republic, 2. "Legislate" The general administration of the laws, statutes and regulations in effect with or in effect on the social security arms specified in the 1st of the 2nd article of Article 1, regulations, general order and instructions, 3. "Authorized Makam" Federal Ministers and/or Ministers assigned with the implementation of the legislation specified in the 1st section of the 2nd article, 4. "Social Insurance Mercii" The installation or authority of the installation or application of a part 1 of the 2nd article,görevlendirilen 5. "Authorized Social Insurance Mercii" The social insurance mercii, which is the latest in the country where it has requested help, or in the country where it was last insured, is the social insurance mercii, 6. "Workplace" Location of permanent complain. 7. "Temporary Service" Temporary sitting location, 8. "Family Ferdi" A family member who will see help under the framework of the benefit of the social insurance mercii, 9. "Insured Times" The expiration of the prim paytimes and the acceptable periods according to each of the Parties regulations,
10. "Money Yard", "Month" or "Revenue" A monetary aid, monthly revenue, including states, benefits and benefits, indent differences, additional payments, and wholesale payments as a bonus return. Other payments, expression. (2) The other concepts in this expression are used in the meanings of their own legislation. Article 2 Objectivity Field (1) This means the following provisions are written are applicable to the legislation related to the insurance arms. 1. From the Austrian balance; a) Hatalink insurance, b) Accident insurance, c) Pension Insurance, except for private insurance legislation for noters, 2. From the Turkish side; a) Patient and Analot Insurance (T. C. excluding retired Sandman and Bad-ur legislation),
b) Occupational Accidents and Occupational Damage Insurance, c) Property, Prohibit, and Death Insurance. (2) This is the 1st of the 1st Also applies to all legislation, which is either a member of, or completing the legislation. Article 3 Kirisel Valium For the following people in this section: a) The rights of one or both of the Azoys regulations apply any, b) (a) those who are eligible for the following events. Article 4 Abuse Treatment (1) A Benefit Party In the implementation of the legislation, the citizens of this Âkit Party;
a) The citizens of the Diyaker Party, b) The July 28, 1951 Statement on the Legal Status of the Refugees was dated January 31, 1967. Established in the country of one of the countries of the SIT. refugees,
c) are subject to human treatment with the patricians specified in the country of one of the countries in the country, on September 28, 1954 in the case of the Citizens ' Legal Status. (2) 1 pearl fükra provision; a) the respective provisions of the Austrian legislation for mobilization service times and the corresponding provisions of those times,
b) are the business and business organizations of both of the companies. with the management bodies of the insurance unions and the social security regulations of the courts to contribute to decision-making, c) Each of the Horses Parties, an official representation of one of the Parties in a third country, or in the area of such a representation hükümlerine does not apply to the provisions of the insured for the uninsured of anyone,içeren , that includes the claim of the uninsured in the meanings signed by both Azoys State. Article 5 Help Transferrr (1) In accordance with the legislation of one of the countries, the pensions, income, and sair benefits that must be paid to a person identified in the 4th Amendment or the remainder of this part, if no provision is found in this Statement, if there is no provision, It is also paid if the owner complainates in the country. (2) 1 The pearl provision is not applied by the compensation aid paid according to the Austrian legislation. SECTION II Governing Legislate Article 6 Regulation (1) 7 and 8 are not a provision, but a provision that returns a win applies the country's legislation. This also applies if the location of the stolen winter residence or the center of the employer is found in the country of the other in the country. (2) Officers and their employees in the case of the personnel are in charge of the Merchants. Party legislation is implemented. Article 7 Special Regulations (1) The workers residing in a country of Akit, two in the country of Atıl, are an entity that works as a continuum in the country of If they were sent to the Party of Europe, they would be entitled to, Until the end of the 24 calendar months of the 24 calendar months, they are subject to the legislation, as if they were still playing in the country of the Aper Entity. (2) The Central Manager If they were sent to the country where they were from the country where they were from the country where they were from the country, it was as if they were playing in the sending party country, as if they were playing in the country of the sender. (3) With the crew of a ship, only temporarily on this ship This ship's flag is implemented on the right of the ship's flag. Article 8 Diplomatic and Consul Personnel Diplomat and consul-consul The diplomatic and technical staff of the representatives and representatives of the representatives led by the diplomat and the consul general of the representatives of the Consul's and the representatives of the representatives managed by the Consul's, the consul general, and the consul general, the consul general, and the members of the representatives of the about the service of the individual home services, The Vienna Statement on diplomatic relations with the Vienna Statement applies. Article 9 Exemption (1) Sort of and the property of the stolen By keeping in mind, each of the two States authorized authorities can agree to be exempted from the exceptions of 6 to 8 p.m.istisnaî (2), upon the fact that the authorities and the business authorities have the right to be exempt. About the business, one of the other people in the area is one of the things that the company has. If applicable in the country, if it is not applicable in the country, it applies as if it were to be played in the country of Atkit Party. SEA III Special Provideems November 1 Damage, Analgex, and Death (Funeral Yard) To Volume the Processes
One In the event that no one is playing as insured in both of the Sat Party countries, this The end of the insured times, the right to a benefit, the execution of a benefit, the execution, and the failure to run into the same time period, is one. Article 11 Salim Help (1) Âkit A temporary replacement in the country of Atkit, which replaces thekoþullarý a) complaint in the country of the country, or b), which replaces the required conditions for the operation of one of the parties to the legislation. In the end of the day, she said she needed immediate assistance, and she would be treated for treatment. Anyone who has not been to or c) is required to go to the country of competent social insurance or to be given the necessary treatment, and will be given an authorized social security service. from the social insurance authority in the country where the insurance mercii nam and its account, or the social insurance authority in the country where attendance resided, is as if the social insurance body is insured in this social insurance merger, as well as the need for assistance. has the right.
(2) is the 2nd of the 15th article, In the event that the compensation was made to the expense of the expense of the expense of the expense of the property, the 1st of the body prostheses of the body prostheses, the cost of the aid, and the important health of the body were made in the first part of the race. } (3) The previous chapters are in the same way as family members, if you are not able to delay the danger of serious danger. application. (4) 1 of the pearl fan (b) and (c) In Austria, doctors who work as a free professional will only apply to the services of other physicians and females in relation to the examinations and treatment of the following: a) in Austria family members who are performing temporary residence and family members at the refactable, b) the visits of family members residing in Austria, c) temporarily in Austria for reasons of use. The authorized area in the residence where they reside and reside. the people who are treated to the sandwich nam and their account. Article 12 Money Benefits (1) money benefits in the 1st section of the 11th section, authorized social from the insurance authority according to the legislation this mercion applies. (2) If the amount of money assistance is made to the number of family members according to the legislation, the competent social insurance mercii is legally required. The family members who reside in the country of Aşit in the country will also receive a reputation as a result. Article 13 Retired Areas (1) About the monthly owners of those who have left the retired insurance for themselves, the country in which they reside in the country the client's sick insurance legislation is applied to the first of the month's owners. Only in the case of a link in accordance with the legislation of the other, this month applies as the same as the first, according to the First Party. (2) 1 fig provision, for those who requested allotted allocations. is valid.
Article 14 Temporary or Continuous Workplace Social Insurance Mercii 1 pearl of the 11th clause and 1 pearl of the 13th (s) in the cases specified in the second sentence of the RECEIPT The corresponding Region Hastaluk Butcher in Austria's temporary or permanent residence, Social Insurances from Turkey, . Article 15 Expenses Compensation (1) Authorized social insurance authority, the second sentence of the 1st section of the 13th clause with 11 pearls, temporary or permanent residency costs at the cost of administrative expenses tazmin (2) Authorized For all of the time, or groups of specific cases, the authorities may decide to make a return payment rather than individual calculations. (3) The second number 1 of the 13th item. For their rights, according to the sentence, the expenses made from the Austrian pension insurance are recovered from the insurance premium sums paid to the Austrian Social Insurance Mergers as the patient's insurance premium.
Article 16 Funeral Service (1) In the case of a person or family member who is insured by the legislation of one of the Parties or who is entitled to receive a split, death is the first in the country of Aşit Party. (2) The funeral assistance is paid by the authorized social insurance authority, even if no one who is entitled to the benefit is complainin in the country of the Party of Sat. November 2 The age of Moulding and Death (Months) Article 17 The Merge of Insurance Processes
(1) If a benefit is required by one of the legislation, if the execution or the negligence of one part of the insured is insured, the authorized social The insurance mercii, in the case of the other, has the right to reputation as a result of the failure of the following insurance according to Licensee's legislation. (2) In the case of the insured. According to someone's legislation, certain assistance will be done, insured. if their duration is subject to a private system or a particular profession or a particular occupation, the insured will not only have those benefits to do so, but only if they have to do so, in order to do so. If such a system does not exist on a similar system, in a similar system, the same job or the same job will be respected.
Article 18 Less than one Insured Times (1) According to the legislation of one of the Atrium Parties, Unless the total number of insured times to be announced for the construction of the peninsula is not delivered in total to twelve months, no assistance will be done according to the issue of the Atkit Party. However, this is only valid if a benefit of the benefit is to the benefit of the benefit of the Party.
(2) the insured times specified in the first sentence of 1st instance, From the social insurance authority, the social insurance authority has the right to earn, execute, and report on a benefit, as if they have passed through their legislation. Fascil 1 Yards made by Austrian Legisl"> Article 19 Detection of HelpHakkýnýn If any of the people who were stolen as insured by both Parties legislation or the remaining rights holders are asked for assistance, According to Austrian legislation, the Austrian social insurance mercii will determine if the relevant part has the right to help, by placing the terms of the insured under article 17, and by taking into account the provisions of the following:
1. In the case of Austrian legislation extending the portion of mandatory insurance times when required insurance times are within mandatory insurance times, this time section extends to the payment times according to the Turkish legislation.
2. Turkish insured times expressed as day are bond to the month, 30 days are considered a month; the remaining days are considered a full month. Article 20 CalculatedYardýmlarýnYardýmlarýn (1) In case of lack of assistance in the provision of a 17 np clause according to the Austrian legislation, the competent Austrian social insurance authority does not rule out the following times according to the exclusive Austrian legislation. identify. (2) of assistance with respect to Austrian legislation In the event that only 17 articles are available, the Austrian official social insurance authority will determine the uninsured terms of this aid according to the exclusive Austrian legislation, as well as to repudiate the provisions of the situation. : 1. If the amount of parts of the current or full part of the insured is not available, under the Austrian legislation, if a payment is made in proportion to the 30-year-insured period under which the Austrian account will be paid, in any case, The payment to be made is determined by the full reputation of this term.
2. Disability, or benefits to the remaining rights holders, is insured to receive a reputation for assistance in the account of the time after the end of the insurance incident that is due to help, in Austrian legislation. The maximum number is 2/3 of the time calculated as full month for the full month of the claim about the claim, which is about 2/3 of the full month of the claim about the claim.
3. 1 numbered bend; a) The maintenance of a Munzam insurance, b) is valid for assistance and personal assistance as a result of the income of an Asgardian income from under the guarantee of an Asgardian income. It is correct. Fascid 2 YardsYapýlan Article 21 ENTITLEMENT OF HELP Both Sides are insured in the country of the Party Someone who has been stolen or who has been left behind is at a prompt If they were found, the Turkish social insurance authority, according to legal legislation applicable to it, would have the right to help the relevant part by placing the insured times by article 17 and taking into account the provisions of the state. identified: a) Authorized social insurance authority, the last time the insured person pays a premium in Turkey. b) A business is retired according to Austrian legislation before it is insured in Turkey If the insurance is subject to the insurance, it will be the same as in Austria. The start of the insured is considered to be the first date of entry to the insurance.
c) The Austrian infated times expressed as months are translated to the day and 1 month is 30 days. Article 22 Benefits Calculus (1) The competent Turkish social insurance mercii, according to the Turkish legislation, is the right to be applied if the right to demand help is available, according to the Turkish legislation. accounts taking into account the elapsed times. (2) Turkish legislation If only 17 of the help is available in the event of an implementation of 17 articles, the Turkish-authorized social insurance authority will identify this help. a) Authorized social insurance mercii first, both Sides Parties. Calculates the amount of } The amount of assistance that will be underqualified by the exclusive right of the last insured time. The amount of assistance is due to a half-insured period of the year. amount. b) Authorized social insurance mercii, later (a) calculates the amount of the sum that is calculated according to the receipt, in accordance with the body of all insured times that are under consideration by their legislation, in accordance with the body of all insured times that are passed by both Sides regulations. c) The benefits of addition to the devices according to Turkish legislation are (a) and (b) calculated. Fascyl 3
Accidents and ProfessionHastalýðý Article 23 Salim Help (1) An execution or According to the legislation of one of the people in the incident, a person who has the right to claim the health benefits and is a temporary or permanent complainof in the country of the other, authorized social insurance mercii nam and account, tentative According to the legislation, which applies to this body, it has the right to claim the health of the social insurance body, as if it were insured in the social insurance mercion. 2 of the 11 pearls of matter 11 are applied accordingly. (2) 1% of the number of common conditions envisioned in the 1st storm, Austria The related region in the location is a disease accident, The Social Insurances Institution in Turkey is done by (3) costs that are still in accordance with the number 1 fund, 15 are indemnify. Article 24 IndemnityHastalýklarýnda Chechen Provisions Article 25 Authorized Macs Tasks
Human and Admiral Yardage (1) The authorities will regulate the administrative measures required to implement this statement with a Statement. (2) Authorized authorities to each other; a) this is the implementation of this all the precautions, b) All of the current regulations, are subject to the implementation of this Statement. (3) Both Sides are social insurance The authorities and the official authorities specified in the 1st of the 2nd section of the article. In the implementation of the legislation and the implementation of this, it is as if they were in the process of implementing their legislation. These judges are made free of charge. Both Authorized and authorized authorities may decide to pay for certain costs. (4) The competent social insurance mergers and official authorities are responsible for the implementation of this statement. And they may be contacted by the person who is authorized to do so. (5) The social insurance merders, the official authorities and courts of a Service, the petitions issued to them, will be available, and so on. They were written in the official language of the state of the Party. (6) The physician's examinations, which are required in the implementation of a Involved Party legislation, and those who have complained in the country of Europe, at the request of the authorized social insurance authority, and the costs of this social from the authorized social insurance authority of the site that complains to be temporary or absend. Article 26 Israeli Offices Authorized authorities to facilitate the implementation of this statement, and specifically both Sides are able to establish liaison offices in order to establish an easy and fast contact between the respective social insurance mergers. Article 27 Exemption from Tax and Tasdik Allowance (1) Write or discount the tax, stamp picture, court, or record charges of the article and documents stipulate in the legislation of a Stake Party, which will be deposited in the implementation of this Âkit Party legislation. The considerations apply to the implementation of this statement or other policy. The same is true of the same print and documents that will be. (2) There is no need for any documents and software to cert in the implementation of this Statement.
Article 28 Exporting written documents (1) Petitions, statements or statements that will be given to the authorities, a body of a Authority or a different authority in the application of this Statement of State legislation or to the application of a Reseller Of A The objections were made by an authority, an authority, or an official of the other. Petitions or objections are considered to be set up. (2) A petition in accordance with the legislation of the Party is subject to the reputation of the Minister of State, by disrepute to the reputation of this It also applies as a petition to a separate trial, which is valid if the owner of the petition demands a postponement of the identification of the company that has been won according to the issue of the Party. It is not.
(3) In the implementation of a ÂKit Party legislation, this Any petitions, statements, or objections statements that will be given to an entity, a body of authority or an authorized installation within a certain period of time may be given to the other members of the individual in the same period of time.
Payment Uwati (1) One According to the company's social insurance authority, payments to the rights holders in the country of the other in the other Country are made with the first in the company's money to ensure payment is due. If these social insurance mergers are to be paid by social insurance mergers in the country of the other, it is mandatory that these payments are made with the money of a Aper Party state. (2) This is the case The amount of money required in the implementation shall be made according to the contact, which is applicable to both of the Ekit Parties, in the remittance. Article 30 Follow and TahsilUsulü One The premiums owed to the Social Insurance authority of the party are in the land of the other in the other Country of Europe, can be done according to the administration methods applicable to the allocation of the premiums debuned in this country. Article 31 AdvancesAvanslarýn (1) One of the Allowance Parties In the event that the social insurance authority paid an advance payment to a charity, the other of the other, the Mercii, the first to pay the difference, which ran into the same time section of a mirrored part of the same, underpaid part of the same time, Social Insurance. at the request of the deceased, and it holds its reputation and its account. For a time when a Social Insurance merger in the country's Social Insurance body was found in more than a half of the time it was needed for a time when a Social Insurance merger in the country's country of Macedonia was found in a half-time period for a time when it was found in a half-time period. As much as the sum of the sum to be paid, it is considered a payment made as an advance in the first sentence meaning
(2) A time in which Party Party is entitled to claim monetary assistance to a rightful owner. A temporary help from a social aid or unemployment insurance has been conducted within the search. If it is not, the obliged Social Insurance mercii, or the Social Insurance mercii, who made the payment, upon request and the relevant Social Insurance merciin ' s nam and account, have been looking for the same amount of time to be paid and paid for, paid. The part in the amount of help that is found is to be done as if the benefit is done according to the benefit party, as if the benefit is in the country of the Social Insurance mercury in demand.
Article 32 Compensation (1) A damage done in the country of the other in the country according to the legislation of a Party If anyone has the right to claim compensation for the third party, according to the country's legislation, which has the right to claim compensation for the damages, the two Azois authorized Social Insurance merciials are passed according to the legislation to claim the compensation.
(2) If the damages suffered, both Acts and Social Insurances have the right to claim compensation, the third party, each party with the benefit of the benefit of the Social Insurance, is one of the following. It can be paid for by paying for it. In this case, both the Social Insurance mergers of each of the Social Insurance mergers will be counted and compensate for their compensation with their assistance. Article 33 The Solution of the Provisions (1) The authorized authorities are set to handle all of the agreed negotiations between the Competent Parties ' interpretation and the cause of the exercise.
(2) This is the sixth month in which an understanding is If it is not possible to resolve, then the solution is not to be resolved by delegated to an arbitrator delegation: a) Each state that is a party to be resolved by an arbitrator's delegation is a month after the decision is received assign a referee. The two arbitrators appointed in this way will elect a third arbitrator on the nationality of a third state within two months of the state's notice of this appointment, which appointed the arbitrator as the final. b) From states that are party to In the event that someone does not appoint an arbitrator within the specified time, the other state may ask the European Court of Human Rights to appoint an arbitrator, in case the arbitrator has not appointed the arbitrator. In the event that the two appointed arbitrators are unable to reach a reconciliation over the selection of the third referee to be appointed, the European Court of the United States of Turkey is under way.
c) is the party to which the European Court of Arbitration is understood. If one of the states is in a state of nationality, the tasks that are granted to him are transferred to the highest ranking judge in which case the court is not in question or the status of the same nationality. (3) The arbitration delegation is He decides with the multi-plurous. The decision of the delegation is of the right nature for both states. Every state that is involved in the deal is the expense of the referee appointed by him. Other costs are being met by states that are part of the deal. The arbitration panel determines the procedures for which they are played. SECTION V Provisional and Final ProvisionalHükümler Article 34 Provisional Provisional ProvisionalHükümler (1) The Risk Sides Any number of people who are scheduled to take part in the current condition, including the 3-part of the fifth article, or the 35th section of the article prior to the failure of specific assistance to be made available in the period of time in the legislation. does not account for the requests of the help prior to 1 October 1996.
(2) This means that, according to one of the members of the Âkit Party legislation, the insured durations prior to this entry will be taken into consideration. (3) This Means The first phase provisions are valid as long as the claims are not paid collectively for insurance incidents prior to the effective entry of the Register and the effective entry of the sentence.
(4) The effective use of this Rights earned before the date cannot be haled by this statement. (5) If a person who did not enter the 3-section of the 35th clause is in the process to receive help within two years of this statement, the assistance of the assistance of the assistance of the assistance of the help of the It is required to be granted, not made in the attention of the attention, or cannot be rejected by means of time forward. Article 35 The Effective Entry (1) This will be approved. The approval documentation will be available in Ankara as soon as possible.
(2) enters the first day of the month following the month of the approval of the confirmation documents. (3) This is the social security of The provisions of this assistance are applied to the coverage of the Social Security Council, which is applicable before this date, from 1 October 1996 to the extent of the provision in the framework of the granting of the help. This application is considered exactly as if a method is applied to the application of a method prior to the effective entry of this section.
Article 36 Current Kalkma (1) This is an indefinite period of action. Each of the individual Aides may terminate the diplomatic route through a period of one calendar year, and may terminate the diplomatic route.
(2) If ever, this means you are entitled to the proper rights the provisions are valid. Both SIT Party officials will sign this statement. This understanding is in two original nuses in Vienna, October 28, 1999 in Turkish and German. is organized, both text is equally valid.
name of the Ministry of Tüzye name of the Austrian Republic
