Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4561.html
Law No. 4561:4.4.2000 article 1. – October 28, 1999 in Vienna, signed "Between the Republic of Austria with the social security of the Republic of Turkey About the deal" to be approved. Article 2. – This law enters into force the date of promulgation. Article 3. – This law the provisions of the Council of Ministers.
ABOUT SOCIAL SECURITY BETWEEN the REPUBLIC of AUSTRIA, the REPUBLIC of TURKEY and the Republic of Turkey and the Republic of Austria both State AGREEMENT social security area improve and in the desire to blend in with the appropriate legal development, both citizens of the State social security equal treatment in the implementation of domestic legislation about natural eclipses, likewise acquired and protection of rights to be gained by moving from policy, following negotiations on agreed.
Chapter I General provisions article 1 investigates the Recipe (1) in this agreement;
1. The Republic of Turkey "Turkey", "Austria", the Republic of Austria, 2. "Legislation" as specified in paragraph 1 of the article 2 social security handles in a country or a Âkit in relation to the Party in some of this country's applicable laws, rules and regulations and General legal value of administrative regulations, general order and instructions, 3. "Competent authority" in article 2 with the implementation of the legislation specified in paragraph 1 of the Federal Ministers of Ministers and/or assigned, 4. "The Social Insurance Authority" as specified in paragraph 1 of the article 2 legislation or exerting a portion of this legislation commissioned organization or authority, 5. "The competent social security Authority" while requests for help of the contact is connected to the social insurance authority or the last Âkit Party are insured if found in the country will be connected to the social insurance authority, 6. "Place of residence" Permanent residence as being in, 7. "Temporary Resident" a temporary dwelling place, 8. "Ferdi" Nam and will be of help social insurance authority's account of the headquarters of the Âkit Party, according to a family member to see Help on legislation, 9. "Period of Insurance" premium payment periods according to the legislation of both Âkit Parties with equivalent acceptable period, 10. "Financial aid", "monthly" or "income" made A money help, including portions of the State, any kind of raise the monthly income and benefits, additional payments and the differences in adaptation likewise as premium refund made wholesale payments and other payments.
(2) this agreement other concepts used in the meaning of their legislation in the parties.
Article 2 Objective Jurisdiction (1) the provisions of this agreement, the following legislation applies about insurance handles.
1. in respect of Austria;
a) health insurance, b) accident insurance, except for private insurance legislation for State Noterlere c), pension insurance, 2. In terms of Turkey;
a) sickness and Maternity insurance (T. C. Pension Fund and bag-Kur legislation excluded), b) Work accidents and occupational diseases Insurance, c) Disability, old age and death Insurance.
(2) this agreement also specified in regulation 1, also applies to all legislation that changes or add complementary.
Article 3 Personal Validity Field this agreement applies to the following persons: a) have been issued one or both Âkit is valid or current legislation on Parties where people become, b) (a) the persons specified in subparagraph hence eligible ones.
Article 4 equal treatment (1) in the implementation of the legislation, A Âkit Party Âkit-party citizens; a Âkit Party citizens, b)) other Refugees Legal Status with the agreement dated July 28, 1951, About the corresponding 1967 Protocol specified, and either party January 31, Âkit in the land of refugees residing on someone, c) Âkit in the land of one of the parties residing, Vatansızların Legal Status of stateless persons as set forth in the agreement dated September 28, About 1954 are subjected to equal treatment with.
(2) the provision of paragraph 1;
a) mobilization of service times and Austria legislation to the relevant provisions of the field of view, equivalent time, officially, b) both workers ' and employers ' organizations of Âkit Party insured with insurance and social security management bodies of troops about to participate in the decision-making of the courts in relation to regulations, c) either party to the other party, both Âkit Âkit the official representation in a third country or in a member of the representation of running alongside the provisions concerning sigortalanmasına , d) in order to both the burden of insurability signed by Âkit State üstlenilmesini that contains the regulations, do not apply.
Article 5 Aid transfer (1) Âkit according to the legislation of one the parties, referred to in article 4 a person or that person should be paid pensions to their survivors, if that income and other cash benefits, as opposed to a provision in the agreement or, if living in the land of haksahibine other Âkit Party in advance.
(2) the provision of paragraph 1, Austria will not apply in respect of aid paid equalization according to legislation.
CHAPTER II Applicable Legislation article 6 General editing (1) 7 and there is no provision to the contrary in article 8, a gain that's about employees, country legislation is applied. In this case, the place of residence of the person or the employer's representative working Centre of the Âkit Party is found to be in the other country.
(2) the officers and staff in the administrative authority equal to Âkit Working Party in the legislation is applied.
Article 7 Special Regulations (1) residing in the territory of A Âkit-party workers in the land of two Âkit Sides themselves, constantly Âkit by the employer to other Party running, will be sent to the land they are as they are in other Âkit Party country 24 calendar months to expire, it's like these are still posted by Âkit Party in his country as if we were, this Âkit is subjected to the legislation of the parties.
(2) either party is located in the country Âkit Central air transport company, workers from the country if they are sent to the Âkit Party country, these workers as they were working in the country, as if sending party Âkit Party, as legislation is applied.
(3) a ship's crew working on this ship with the other parties only temporarily as, this ship carried the flag Âkit-party legislation is applied.
Item 8 diplomatic and Consular personnel, diplomats and Consuls and Diplomats & consuls active-duty and active duty by the administrative and technical staff of managed and likewise this official service of staff and Diplomatları of managed by Consuls, consuls and members of active duty exclusively to domestic services operated givers as, the Treaty of Vienna about diplomatic relations Consular provisions of the Vienna Agreement about relationships.
Article 9 Exemptions (1) kind of work and the nature Worked his or her well-being, worker and employer to apply jointly, in agreement with the authorities on both sides of the Âkit 6 to the fact of implementation of article 8, be exempted can decide the.
(2) in accordance with paragraph 1, about A worker in Âkit although granted by one of the current legislation, these workers other Âkit running on the country Side, in that case, the first Âkit Party Âkit-party legislation, as if it were running in this country is applied.
CHAPTER III special provisions in part 1, sickness, Maternity and death (Funeral help) article 10 Insurance periods of Combining a person insured in the country both in the case of Âkit Party worked as an aid that insurability times gain, people walk the same in terms of time and substance to maintain, are combined.
Article 11 health benefits (1) according to the legislation of one of the parties Âkit health help in fulfilling the conditions for and a land of living or other Âkit Party) b) other Âkit Party in his country during the temporary residency status requires the immediate aid and treatment to those who have to go to the land or other Âkit Party c) health condition because of the necessary treatment from other social insurance authority authorized to see the Âkit Side to the country is to be given to allowed or , the competent social security authority, including nam and account temporary resident or permanent resident from the social security authorities in the country, according to the legislation applied by this authority shall be submitted, as if it was insured in the social insurance authority, is entitled to request the help of health. (2) according to paragraph 2 of article 15, as compensation for taking the issue of costs in the case of the 1st paragraph must engage in question; the body of the great cost of dentures auxiliaries and important health help, help that person's life and health in the case of very serious danger can be delayed, the official social insurance sokulmaksızın authority depends on the consent of the advance.
(3) the previous paragraphs, applies the same way to family members.
(4) paragraph 1 (b) and (c) in Austria, the bend student working as doctors, dentists and dental examination and treatment only of the following parties regarding their services are: a) Austria by studies that temporary resident at the Executive party and their accompanying family members, located in b) Austria visited family members residing in parties, c) for other reasons, temporarily living in Austria and the competent regional sickness fund residence nam and account ambulatory people.
Article 12 of the Monetary aid (1) mentioned in paragraph 1 of article 11 in cases where the competent social security authority the money AIDS by, this authority shall be submitted in accordance with the legislation applied.
(2) A Âkit amount of cash benefits according to the legislation the parties family members made, depending on the number of competent social security authority, legally residing in the territory of a party to the other Âkit family to also view company.
Article 13 Retired Pension Fields (1) Âkit tied to their monthly retirement insurance the Parties contained in monthly owners as, their countries of residence relating to the insurance of the owners of Âkit Party monthly disease legislation is applied. The only other Âkit connecting a month according to the legislation of the parties, this month, according to the first Âkit Party legislation applies the connected on a monthly basis.
(2) the provision of paragraph 1, the monthly also applies to the allocation request. Article 14 Temporary or permanent residence In Social Insurance Authority, clause 1 of article 11 and paragraph 1 of article 13, second sentence in cases where the aid specified in the contact in Austria to a temporary or permanent place of residence in the relevant regional Disease areas, is done by the social insurance institution, Turkey.
Article 15 Compensation for fees (1) the competent social security authority, article 11, article 13, with the second sentence of paragraph 1, the administrative costs are the costs of other than temporary or permanent residence you will indemnify to the social security authorities at.
(2) the administrative authorities, with the aim of simplifying things for all cases or to specific cases in groups, rather than individual rivalries, they can decide to pay the lump.
(3) the second sentence of paragraph 1 of article 13, according to haksahip, Austria, a retired insurance costs incurred, retired as General Social Insurance sickness insurance contributions paid insurance premiums Mercileri Austria sums are compensated from the Union.
Article 16 the funeral assistance (1) either party is insured according to the regulations of the Âkit or monthly is found entitled to a person or family members in case of death of a Âkit Party of the country, the first death in the land of Âkit Parties manifested.
(2) the Funeral assistance, help, serves no one in the case of other Âkit Party has been living in the country, is paid by the social insurance authority in charge.
Part 2 old age, Disability and death (Aylıklar) article 17 Insurance periods of Combining (1) according to the legislation of one of the parties help Âkit gain, maintenance of insurability for durations is bound to enliven or, if necessary, the competent social security authority, according to other Âkit-party legislation, but also their last insurability people walk according to their own legislation, provided history insurability such as view, officially.
(2) according to the legislation of one of the parties Âkit, the help given, subject to a special system of insurability in a profession or a specific profession or a specific respect is not depending on whether the past is found to be made of this assistance, according to the legislation of the other Âkit Party last insurability times only, this is a unique system of insurability period if there is no such a system, in the event that the same respect is not the same profession or history , view, officially. Article 18 is less A Year of insurance Periods (1) according to the legislation of one of the parties is a Âkit, I need your help to regard as the relevant twelve months total duration of insurability, that's no help to Âkit-party legislation are made. However, in this case, according to the legislation of a party to this Âkit help only pursuant to these insurability is not valid if the time has gotten. (2) the first sentence of paragraph 1 specified insurability periods other Âkit Party social insurance authority by a help gain in terms of the amount of the maintenance of and enliven and, according to its own legislation, these periods of history, such as the view, not the company.
Chapter 1 article 19 the right to Help Aid In Austria Legislation Detection according to the legislation of both Âkit-party insured who worked as a person who has requested the help of the remaining or haksahip were found, the competent authority, according to the social security legislation in Austria Austria, according to the article about person, 17th insurability by combining long and taking into account the following provisions have acoount detects whether the help : 1. Austria, according to the legislation of compulsory insurance of long time monthly binding, compulsory insurance is within the time portion of the extension, according to the Turkish legislation this time part of the monthly payment as well suited to long. day 2 is expressed as Turkish insurability is the Moon long bonds, considered a month 30 days; the rest of the day is considered to be a full month.
Article 20 Aid Calculation (1) Austria without the provision of article 17 According to the legislation the right to request, in the case of officials available to help Austria Austria exclusively help social security authority according to legislation of the elapsed time are determined by taking the view, not the company.
(2) according to the legislation the right to help Austria only in the event of implementation of article 17, the competent social security authority Austria Austria exclusively according to the legislation that the other provisions set forth below and their insurability acoount officially detects taking: 1. If partial or fully the amount of help, which will be passed to the insurability is not based on time, according to the legislation in aid considered Austria 30-year insured paid a Governor is a relative , either the entire payment, this time taking the company and is appointed acoount. 2. Disability or be held to help the remaining beneficiaries account give rise to the right to help when the insurance event occurred in the time since, according to the legislation in order to help Austria acoount officially as long as the person to be insured for 16 years on demand give rise to the right to insurance fills, leading up to a full month of events occurs as long as the computed duration of 2/3% of the entire part and considers the greatest anyway, however. 3. bend the number 1;
a) Additional aid from an insurance, in respect of the receipt of a guarantee of income b) Smaller depending on donations and income does not apply to partial benefits.
According to the Turkish Legislation article 21 of Chapter 2 the right to Help both the detection of Aids Made Âkit worked as a person who is insured in the country Side or left behind haksahip if they are a help prompt, competent Turkish social insurance authority, according to the current legislation, for which the person insured while combining and 17th the following according to the article, taking into account the provisions have helped detect whether : a the insured person's social security authority, Authorized) Turkey is the company or pay a premium for the last time at the polls.
b the insured person in A Turkey before) Austria was subject to pension insurance according to the legislation, in the implementation of the Turkish legislation with the beginning of the insured in Austria, is considered to be the first insurance receipt date. c) Months Austria expressed as insurability is translated to the day and time is considered 30 days a month.
Article 22 Aid Calculation (1) according to the Turkish legislation, without the provision of article 17 right to demand help in the case of authorized Turkish social insurance authority available, according to the Turkish legislation exclusively to help, taking into account the last times.
(2) according to Turkish legislation right to help just in case of application of article 17 if the Turkish authorities that help social security authority in the following manner.
a social security authority) first of all, according to both Âkit-party legislation last according to its own legislation of insurability were exclusively serves the past will be nazarî help calculate the amount of space.
If help is not tied to the amount of aid of insured nazarî.
b the competent social security authority, then) (a) if the amount calculated according to paragraph subject to be paid according to the legislation, to be taken into account their insurability times according to both Âkit Parties with legislation passes all insured between the time of organ in accordance with the accounts.
c) according to the Turkish legislation in addition to the monthly donations are also (a) and (b) is calculated according to bend.
Chapter 3 İşkazaları and occupational disease article 23 health benefits (1) with A work injury or occupational disease according to the legislation of one of the parties thus Âkit, is entitled to request the health assistance and other Âkit have been living in temporary or continuous country Party is a person, the competent social security authority nam and have been living in temporary or permanent account, Âkit Party from social security authorities is, according to the legislation that applies to this authority , was insured in this party as social security authorities is entitled to request the health benefit. 11 subsection 2 of article applies accordingly.
(2) the 1st paragraph in the predicted health benefits, Austria contact temporary or suppliers in the region where living disease constantly crash, is done by the social insurance institution, in Turkey.
(3) paragraph 1 resulting in accordance with the costs code shall be compensated for 15.
Article 24 Career due to An occupational disease Compensation In both will be paid a compensation according to the Âkit-party legislation, compensation, as of the last time the country and the nature of such an occupational disease the work I done that may cause Âkit is paid according to the legislation in the country Side.
CHAPTER IV miscellaneous provisions article 25 Administrative Tasks and Competent legal aid (1) authorities is necessary for the implementation of this agreement, a deal with administrative measures.
(2) the competent authority at each other;
a the implementation of all measures to this Agreement), with regard to the implementation of this agreement b) own all of the changes that transpired in the legislation, as they give information.
(3) the social insurance authorities and both Âkit Party official authorities, as specified in paragraph 1 of article 2 of this agreement and the legislation implementing their own legislation, as if they are implementing, mutual assistance. These grants are made free of charge. Both Âkit Parties competent authorities decide on the payment of certain costs, by contrast.
(4) Âkit the official social security authorities and the parties competent authorities for the purposes of the implementation of this agreement and also contacts with each other, or you may contact the people directly in charge.
(5) the official social security authorities, A Âkit Party authorities and courts, and other writings of the petition given to them, the official language of the other State party Âkit because of being written in red.
(6) required in the implementation of A Âkit-party legislation and other Âkit in the land of no one living Side are medical examination at the request of the competent social security authorities and the social insurance authorities the costs of nam, including temporary and account or constantly traversed by the social insurance authority authorized locality living.
Article 26 Liaison Offices competent authorities to facilitate the implementation of this agreement, and in particular about the social insurance authorities of both Âkit Parties easy and fast when a contact in order to establish liaison offices.
Article 27 taxes and exemption from Harçlarından to certify (1) that A Âkit Party Âkit Party prescribed in legislation and in the implementation of the legislation which will be submitted to the post and that the Court or the official tax documents, stamps, record keeping, or immune from this free discount things like, this agreement or will be present in the implementation of other Âkit Party legislation are the same reality applies to the articles and documents.
(2) will be present in the implementation of this agreement and any document, there is no need for approval. Article 28 issuance of Written Documents (1) of this agreement, or a Âkit-party in the application of the legislation to a Âkit Party, one authority, or other authority to be given to the Petitions, declarations or objections made to other Âkit Party authority, an authority or other authority has been granted to the Petitions, declarations or objections are considered.
(2) A Âkit-party filed a petition about the help given by the legislation, this Agreement shall be Âkit the other side of the view, not the company and according to the legislation in question is of the same reality applies as a petition for help; This petition according to the owner, a Âkit-party legislation old fixing of earned advanced demand a postponement to a date is not valid. (3) implementation of A Âkit-party legislation, this Âkit to a Party, the competent institution of one authority or another within a certain period of time, which you will be given petitions, declarations or other Âkit the same period, the appeal by the party may be given to such authorities.
(4) in cases specified in paragraphs 1 to 3rd, referenced to it in its petition in question, declarations or other Âkit Party geçirmeksizin the request for time to the competent authority.
Article 29 Payment Procedure (1) the social security authorities A Âkit Party, according to this agreement, the other located in the country Âkit Party beneficiaries of payments, the obligation to pay to remove the first Âkit with the benefit of the relying party. This social insurance of payments, other Âkit located in the country side of social insurance in the event that they are going to do makers of payments the State party with the benefit of a Âkit is required.
(2) any sums that are required in the implementation of this Agreement transfers, each bank transfer is valid during two Âkit Sides, reimbursement is made in accordance with the agreement.
Article 30 and follow the Procedure to A Âkit Party social insurance authorities in the land of the other Âkit-party premiums owed, in this country, a similar collection of premiums owed addressed as administrative methods, that can be done that is valid for.
Offsetting with prepayment article 31 (1) of the Social Insurance Authority granted by one of the Âkit, has paid a compensation to help the advance into a, according to its own legislation, other Âkit Party authority, serves at the same time help in the same nature possessed by section coinciding with the first payment of the difference Âkit-party at the request of the social security authorities and maintains his reputation and account protected. A Âkit Party Âkit Party the social security authorities, other countries in the same manner the social insurance authorities will help later, for some time, as more than needed in case of an aid amount in excess of this allowance, found these sums amount to be paid, in the sense of the first sentence is considered to be a payment made in advance. (2) the owner of a right in A Âkit-party country, the owner of these rights is the right to request help money within an interval from a social assistance or unemployment insurance have been temporary aid, paying social insurance social security authority or responsible authority, on request, and related Social Insurance Authority of the same time period the nam and account of coinciding with the accumulated sums payable and is amounting to the aid portion of the paid, as if the social insurance authorities of countries request help, located in the Âkit Party shall be deducted as made according to the legislation. Article 32 Compensation (1) according to the legislation, the other A Âkit Party Âkit Party given in the country due to a damage claim, rather, that a person who has rights, damage to third parties, according to the legislation of the country, any claims against as, this claim compensation according to the legislation applied by the competent social security authorities for the two Âkit Sides. (2) the Âkit Party and thus hurt both Attained national social security authorities is entitled to seek compensation, in accordance with the first paragraph, third parties, each party should be paid compensation, Social Insurance authorities of paying obligations of one of these can be fulfilled. In this case both Âkit Parties are considered creditors and Social Insurance authorities will focus on compensation and such, they share proportionately with help.
Article 33 settlement of disputes resolution (1) Âkit-party authorities, Âkit between the parties of this agreement and all disputes with negotiation applied reason to take care with the way they work. (2) a dispute in this manner, if not eradicated within six months, either party to the dispute in this case solution Âkit application will be generated in the following manner on the premises are handed over to a referee delegation: a each State party to the agreement dispute arbitration Committee) by fixing the issue dated the hands when an inquiry regarding one arbitrator within one month. In this way, two appointed referee, the referee of the final report of the State that designates it as this assignment within two months from a third State as a person selects the third referee in nationality.
one of the States parties to the agreement b) and the period if not arbitrators, referring to the President of the European Court of human rights in other States, the arbitrators may ask him to. Two will be assigned to the third arbitrator shall be appointed the arbitrator selection have agreed to try, in the same way to the European Court of human rights. c the President of the European Court of human rights Agreement-party) which States that one of the citizenship, in the tasks given to him with this item, the Court uyrukta a Vice President or the State of being is not in question, the same high grade are handed over to the judge.
(3) the arbitral tribunal decides by majority vote. Committee decisions are binding for both States. Every State party to the agreement itself, the costs of the arbitrator shall be appointed by the. Other costs are borne equally for the State parties to the agreement. The working methods of the arbitral tribunal.
Chapter V Transitional and final Provisions Article 34 transitional provisions (1) applications within the period in the legislation of the parties Âkit backwards from certain allowances to do to be effective except in the case of the vakî before the entry into force of this agreement or clause 3 of article 35 3rd for those within the scope of 1 October 1996 does not constitute aid demands prior to the date of bearings. (2) according to this agreement, are an aid to the determination of the right to Âkit-party legislation to determine a revised before the entry into force of this agreement in consideration of the insured will be a period of time.
(3) the provisions of the first paragraph of this agreement with the events that transpired before the entry into force of the agreement for insurance claims detected before payment is valid as long as in bulk. (4) before the date of entry into force of this agreement, this agreement cannot be haleldar with vested interests.
(5) subsection I of article 35 3rd is a person that is not covered in the two years after the entry into force of this agreement, to get help for the hydroelectric power plants, giving after the entry into force of this agreement, your help is needed in the subject by applying the forward reference is not done or timeout is irrefutable.
Article 35 entry into force (1) this Agreement shall be ratified. Consent documents will be '' in Ankara as soon as possible. (2) this agreement has been followed in the approval document of litigation, shall come into force on the first day of the month.
(3) within the framework of This Agreement has a social security help and help take advantage of the provisions related to the issuance of the Âkit from October 1, 1996 between the parties prior to this date, fall within the scope of the current social security Agreement is applied to individuals. Before the entry into force of this agreement in respect of the construction of a different method of health aid is to be applied, this application is accepted. Article 36 Don't Withdrawn (1) this agreement is concluded indefinitely. Each Âkit the end of a calendar year the parties a six-month notice of termination in writing through diplomatic way respecting the duration of and may terminate this agreement. (2) upon the continuation of this Agreement Termination provisions will continue to be valid rights.
Both sign this agreement Âkit-party officials.
This agreement will be posted on October 28, 1999 in Vienna, Turkish and German, is arranged in two original copies, both the text is equally authentic.
On behalf of the Republic of Austria on behalf of the Republic of Turkey
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