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Law No. 4546:7.3.2000 article 1. – July 6, 1998, signed in Skopje "the former Yugoslav Republic of Macedonia with the Convention on social security Between the Republic of Turkey" 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.
SOCIAL SECURITY AGREEMENT BETWEEN the REPUBLIC of MACEDONIA with the REPUBLIC of TURKEY "Republic of Turkey" and "Republic of Macedonia" (as the Text "Party" countries will be named.) between social security field on topics covering the following points were agreed upon in order to edit. Chapter I GENERAL PROVISIONS article 1 definitions (1) In the implementation of this agreement: 1.1 "country" Turkey, Turkey Republic, Macedonia, Republic of Macedonia, 1.2 "Legislation" referred to in article 2 of the law, regulations and other regulations in terms of the "competent authorities" Turkey, 1.3, with other related Ministries the Ministry of labour and social security, in terms of Macedonia, Ministry of labour and social policy and the Ministry of health, 1.4 "authorized institution" responsible for the implementation of the legislation specified in article 2 of the institution or institutions, 1.5 "Insured" as set forth in article 2 of regulations has been subjected to the subject or anyone shakeel "Insurance period", 1.6 Premium or paid and paid for the amount of time it counted, 1.7 "Ferdi" defined in legislation or applied by parties to institutions that accepted anybody, 1.8, 1.9 "continuous" replaced the living Living "Temporary Residence" no one living in one of the countries party to the other party in the temporary location of the country, according to its own legislation "Parties Help 1.10" shall audit defined and refers to real estates aid or donations.
(2) any term not defined in this article, attributed to it in legislation to be applied to the meaning.
Article 2 of the Convention applies-to ID Legislation (1) This agreement applies to the following legislation: 1. Turkey 1.1 in terms of Workers (including farm workers) social security (sickness, Maternity, work Accidents and Occupational Diseases, disability benefits, old age and death) and Government legislation, covering 1.2 T.C. Pension Fund legislation (disability benefits, old age and death) 1.3 tradesmen and artisans and other self-employed workers in agriculture on its behalf and account with legislation (Disability benefits, old age and death) 1.4 Temporary Social Insurance Act No 506 Article 20 through the crate with relevant legislation, in contravention of article 2. Macedonia 2.1 in terms of health insurance and pension and disability benefits insurance, health protection, 2.2, 2.3, don't get insurance accidents and professional diseases during the study, 2.4 unemployment insurance, additional payment for children 2.5, (2.) this agreement is without prejudice to the provisions of paragraph 3, paragraph 1, modifies the specified legislation combining the additions, or other laws, rules and regulations that replaced also apply to.
(3) the person in A party's legislation and regulations that extend the scope of rights to the other party shall be notified within three months. Not adhered to this statement, other parties from the date of receipt within three months unless a does suspension under this agreement is applied.
(4.) a new social insurance legislation for the arm, between the parties, provided that the Contract has to be done for this purpose is applied.
Article 3 the application People covered by the Contract, is subject to the legislation of one or both parties or those who have been subjected to one of their two countries with legislation applied to the family members and are applied to the remaining beneficiaries.
Article 4 equality of people is defined in article 3 of the process âkit is equal in terms of rights and obligations according to the legislation of the Parties treated.
Article 5 Export your help (1) Including this agreement, hence they help obtained, any defined in article 3 in accordance with the legislation of a Party to be paid to anyone for help, he is living in the territory of the other Party be anyone due to any discount, change, stop, cancelled or cannot be held liable for 2010 but possible tangible and that they help the other party shall be paid in the country.
(2.) the subject's residence in a third country shall also apply the provision of paragraph 1 of this article.
CHAPTER II APPLICABLE LEGISLATION RULINGS contrary to the provision in article 8, Item 6 7 and, in A country as an employed person in business, just as a Party to that party's legislation in the land of the Permanent residence in the territory of the other party, or both, and that party in the territory of its own account self-employed as a working one, it just work-related permanent residence permit that Party legislation , would be subjected to.
Article 7 (1) Subjected to the legislation of a Party and in the other Party country by the employer not to exceed 24 to be employed for a period of time no one submitted for these services just like he does in the first-party country first-party subjected to the legislation of his country. Both sides, with the approval of the competent authorities of this 24-month period can be extended with the total not exceeding 60 months as record.
(2.) the territory of one of the countries party to own his own business, a person who runs the nam and the account is temporarily the second side went into this country to perform in the territory of the country, 24 months, first in the country to be working as first applied to the country's legislation. Both sides, with the approval of the competent authority before it can be extended with a 24-month period, not to exceed 60 months recording. (3.) centrally located in one of the countries party to the air, land, or on the other side of one country working in the telecommunications companies must be sent to the sender party into legislation is applied.
(4) crew members and other officials on board, the ship carried the flag represents the tâbidirler Party country legislation.
(5.) the other Side of the country From one branch or representative office, branch offices or persons employed in the representation to the country's Parties where legislation tâbidirler.
(6.) on the one hand, the country's official representative in the State and public services, or on the other hand, is a citizen employed in the enterprise side through legislation. These establishments employed people, they are a citizen of the other party or if they have been living in that country as permanent rights of permanent residence is the implementation of the legislation of their country from the date they can request within three months.
Item 8 Diplomatic and consular Representations (1) Diplomatic and consular representative offices and employees in equivalent working as local personnel around with people seen about people who are in the order that they were applied to the sending party in legislation.
(2) A party in a country, countries by working people is about the party that sent the country's legislation is applied.
(3.) specified in Item 1 and 2 of the diplomatic or consular representation of the country, except for the citizen or permanent shall be referred to the demands of people living in the country as, within three months from the date you start working party of one of the countries can choose to apply the legislation.
Article 9 Exceptions on the basis of workers ' and employer's joint demands of both sides of the competent authorities or institutions of these authorities side with the designated moderators gives consent the provisions of article 6 of the Convention and 7 exceptions getirilebilinir.
CHAPTER III SPECIAL PROVISIONS in part 1, SICKNESS and MATERNITY BENEFITS article 10 Insurance according to the legislation Of either party Of sickness and maternity benefits, protection and of the right to be born, winning again, depending on the completion of particular insurability while a Party competent authority, who are, according to the legislation of the other party have been completed, provided that at the same time their insurability while people walk according to their own legislation considers as completed periods.
Article 11 Health I am grateful Exploit (1) On the other side of the living or temporarily according to the legislation of a Party is located and which has won the right to help insured, health help. This help as a temporary or persistent referenced according to the legislation of this institution by the country, the authorities provided the institution's account.
(2) Employers by a certain work for task execution on the other side of cases sent to his country when required by the business center of the treatment of the country's social security administration account, illness or maternity insurance are help, including yatırılma, to the hospital.
(3) according to the legislation of one of the parties insured persons temporarily working in the land of the other side while residing health status requires immediate (emergency) treatment when they are registered with the country's authorities, social security institutions are included in the yatırılma to the hospital to help health insurance account, can take advantage of.
(4.) 1st, 2nd and 3rd paragraphs specified in the land on the other, those who started treatment can continue in the country for which they are registered.
(5.) 1, 2, 3 and 4 the provisions contained in paragraph living with the insured or the insured it, serves to help health and living, also applies to members of the family.
Article 12 (1) According to the legislation of the country where the insured Party to help eligible health of the person, in the territory of the other side of the living family members, according to the legislation of their country of residence are not entitled to take advantage of the Charter to help health and sickness, maternity insurance are provided with medical assistance. (2.) 1st paragraph ikâmetgâhlarını authority organization members of the family mentioned to the country where they were transporting or temporarily, they are helping health legislation provisions.
(3) the insured's health help to the country in which the employment legislation won is assigned according to the.
(4) the insured family members living on the other side, this legislation in the country of the insured works are helping authorities account earned health benefits.
(5.) entitlement conditions, who are of his family, and the duration of authorized institution's help is determined according to the legislation.
Article 13-month owners ' Health I am grateful Yararlanmaları (1) According to the legislation of the country where both parties come monthly or just anyone connected to the country's legislation, the health benefits are provided according to the living. (2) according to the legislation of one of the parties alone comes monthly or anyone that is in the land of the other depots, health benefits, the competent institution of the country paying pension nam and scene of living institutions is provided when the account.
(3) in paragraph 1 of the item specified in the other Party country of temporary ikâmetlerinde, immediate (emergency) when they require help, permanent country of residence, the competent institution account health benefit from help.
(4.) 1, 2, and the provisions contained in paragraph 3, monthly applies to members of the family of the owner.
(5.) help with This because crime doesn't help the duration of rights directly into, and the determination of the family, paying the monthly or revenue of competent institutions and the scope of the assistance is a form of living is determined when the scene of the authorities.
Article 14 This Agreement be paid medical aid Costs 11, 12, 13, 20 and 22 in cases stipulated in article medical aid costs made the subject's registered users resides in the country's help, by social security institution, Administrative procedures and principles to be determined by agreement shall be paid within.
Article 15 tips and make money with Significant health benefits aid (1) Tips and other important health benefits covered by article 11, the subject's life or health is in danger (emergency) except to the extent authorized institution's permission. Procedures and principles determined by Administrative Agreement.
(2) Money assistance (daily allowance) in cases specified in the relevant provisions of article 11, the payment is registered according to the legislation of the institution where it is located.
(3.) will be held in monetary relief made by drawing up legislation of country Parties are determined by the number of family members if the provision, the other party in the land of the living family members also are taken into account.
Article 16 Maternity Benefits (1) A woman of the insured according to the legislation of one or both parties have advantage in case of maternity assistance, according to the article, if necessary, about one 10th of the time to be merged with regard to insurability, in effect in the country found labor only occurs the provisions of the legislation.
(2.) the main non-insured the insured's spouse and of Men into health benefits from help. (3.) anyone entitled to Maternity assistance health benefits, as the case may be, article 11 and 12 of this Convention, within the framework of principles.
Part 2 DISABILITY BENEFITS, OLD AGE and DEATH BENEFITS Of Combining article 17 Insurance (1) According to the legislation of a Party to be entitled to help, to be eligible for the protection or assistance are concerned, Parties with insurability authorized institution unless otherwise set forth in the present Convention as needed, on the other Side people walk the same time recording their insurability and accepts its own regulations.
(2.) Although the implementation of paragraph 1 of the item entitlement to anyone that does not help as the relevant institutions, the parties signed a social security agreement is the third in the country and their insurability.
(3.) the first granted by one party in accordance with the legislation insured into the business, help or help protect entitlement to insured or other particulars in advance şartlandırıldığı, the other Side for the first time and into the business.
Article 18 12 Months Of Insurance Periods (1.) To be considered a Party in accordance with the ülkemevzuatı period is less than 12 months, the insured only insured with entitlement to help this period except in cases where, for help this time.
(2) a Party specified in paragraph 1 of the item and the corresponding period the insured premises which are not considered periods, because the other party's entitlement to assistance with the institution concerned, the right to protection or entitlement to assistance and help aid in respect of the determination of the amount, if necessary, according to their own legislation that takes into account the period of time as in the past.
Article 19 calculation of Benefits (1) In accordance with a party's legislation article 17 applied if a competent institution of that party, Eastern assistance only in accordance with its own legislation last insurability considering their help. (2) in the absence of existing paragraph 1 of article 17, according to the article help insurability is calculated taking into account the duration of benefits is as follows.
Article 17 implementation of the institutions, in accordance with their own legislation total insured of past accounts. After that you just calculated according to the total time elapsed from taking kendimevzuat according to determines the amount of aid.
(3.) the parties in reducing the suspension or discontinuation of the month the legislation with the terms, this provision also in the implementation of the agreement, regard.
Part 3 WORK ACCIDENTS and OCCUPATIONAL DISEASES article 20 Assistance (1) Been insured job accident or occupational disease, the insured benefits Agreement held III. Part 1. Is the insured Party in accordance with the provisions of sections according to the legislation.
(2) if either party which was attacked by a work accident or occupational disease of a maintained no one posts to the other side of the country when the ikâmetgahını, where the authorized institution registered provided permission to continue to benefit from this assistance. Pursuant to the report health care provider about these permissions and can be extended with an authorized institution gives consent.
(3.) a man ikâmetgahını after you have the other side work accident or occupational disease, the diagnosis of the previously registered, this institution with the consent of the institution account where workplace accidents and occupational diseases are entitled to take advantage of health insurance and treatment assistance.
(4.) 1, 2, paragraph 3, the competent institution projected benefits in account temporarily is provided according to the legislation applicable on the side where it is located.
(5.) stipulated in the above paragraph is more important than a larger device and medical prosthesis, and cash benefits according to the provisions of article 15 are met.
According to the legislation of a party, article 21 a work accident or occupational disease occurring as a result of the degree of permanent incapacity determination, the other party according to the legislation previously strike accidents and occupational illnesses which has, according to its own legislation looks like it is taken from the misfortune strikes. The subject will be given help in the identification of the provisions of article 23, paragraph 2, applies by analogy. Article 22 occupational diseases associated with Aids suffered Occupational disease no one, both sides in the country that can cause the disease in question is made by drawing up or worked in case of death of, a beneficiaries to be made, such work was performed according to the legislation, the latest this legislation stipulated by the party's conditions to be fulfilled is provided with registration.
Article 23 according to the legislation of one of the parties due to occupational disease, the insured person is a help in a country of residence at the time that this deterioration of the disease, the following rules apply.
1. The insured has living in the country, new occupational diseases that can cause or to the bogs down is a work, the insured person is registered in the country where the institution first, unwieldy, according to its own legislation, taking into account to help needed.
2. Insured, had worked with that kind of thing in the country living new, first registered in the country referenced institutions, according to their own legislation to account katmaksızın unwieldy, takes on the help to be made; new ikâmetgahın in the country where registered users according to their current institution, made by drawing up legislation after the exacerbation of the appointed and required to pay before the exacerbation of disease with the aid amount occurred in his own country will pay the difference between the amount equal to help if there were an additional help. Part 4
ADDITIONAL PAYMENT for CHILDREN article 24 Aid (1) Add additional payment for children, including children living on the other side, the person insured is determined in accordance with the legislation of the country.
(2.) add additional payment for children, legislation of rights both sides win the Office that party's legislation applies to the child's residence.
(3.) of the first paragraph and in paragraph 1 of this article with the provisions set out herein, applies for a pension. Part 5 UNEMPLOYMENT BENEFITS article 25 needed for Unemployment Benefits Conditions unemployment benefits, has been running the insured within the framework of the legislation in the country. I need your help in determining the duration of the other on the other side, considering their insurability predicted in terms of legislation, according to the format and procedures.
CHAPTER IV article 26 MEDICAL CHECK or living in the country Side of a Party for their condition of disability legislation stipulated according to the request of the competent institution and medical controls, authority is made when the relevant institution's account of institutions.
If medical controls, enforcement of the legislation of both parties if the subject's residence or to temporarily made by institutions and organizations where the costs are met.
Chapter V MISCELLANEOUS PROVISIONS article 27 Administrative Agreement, the implementation of this agreement, any and all procedures and principles, the Administrative Agreement between the parties.
Article 28 exchange of information and mutual assistance (1) Competent authorities and institutions responsible for the implementation of this agreement are: 1.1 Mevzuatların, any information required for the implementation of this agreement, inform each other;
1.2 this agreement or to this agreement in accordance with the legislation applied to payment of any aid or assistance with regard to the determination of the entitlement to enforcement of its own regulations about, they help each other; and 1.3 as soon as possible, all measures for the implementation of this agreement or affect the implementation of the Convention, at its report to each other changes in legislation.
(2) in paragraph (1) of this article, the help for specific types of expenses to be paid back in accordance with article 27, item Administrative Agreement made without prejudice to the special provisions contained in, free of charge. The competent institution of the other party a Party competent authority when you want to pay, the amount to be paid in United States dollars ($). On top of that, the amount of the second institution that pays the first institution. (3) in accordance with the disclosure of A party's legislation unless it is necessary, according to a person on the other side a Party to this agreement as is any information hidden. This information is only used for the purpose of execution of this Agreement applied legislation.
(4.) if either party because of an insurance case of a third receive the compensation from anyone, in the land of the other side of this person to the competent authority of that country living in the subject of the request for notification and results through disclosure of the other party in the event of a claim in respect of an authorized institution to fulfil this demand and by performing a request returns information to the Party authorities. Article 29 Tax, exemption from or discounts and Free Harçlardan a part necessary for the implementation of the legislation preparation of any document or document in relation to the legislation of that party's provision connected to taxes, exemption from consular fees or administrative charges or any discounts, with the implementation of the other side of the legislation covers documents required. Any document necessary for the implementation of the Convention, approval of the diplomatic or consular authorities or similar are exempt from formaliter. Article 30 implementation of this agreement, the parties to the communication language of the competent authorities and institutions of Turkish and Macedonian to communicate.
Article 31 demand, and the acceptability of the submission (1) According to the legislation of one of the parties Âkit, the competent authority or institution of that Party which is made within the period of payment of the aid or a legal aid request for the determination of the right to appeal the Declaration, or other party as provided by the competent authorities and agencies is assumed. The same issues on the other petitions and declarations and objections.
(2) A request for assistance made in accordance with the legislation of the Parties, in accordance with the legislation of the other party is considered to be a request for help their counterparts.
(3.) 1 and 2nd Paragraph applies in any case, demand, notice or objection is presented with the competent authority or institution of the other party, the competent authority or institution that passes geciktirmeksizin.
Article 32 Aid according to this agreement the competent authority of A party to be paid, the monetary obligations arising by paying with their own currency. Article 33 dispute resolution (1) Competent authorities of the parties, the interpretation of this agreement between the parties and the exercise of all due to disputes with the way they try to wrap up negotiations.
(2.) a dispute in this manner, if not eradicated within six months, in this case either party upon the application of the solution of the dispute in the following figure to create an arbitral tribunal are handed over to the.
2.1. the parties to the present Convention, each country, when an inquiry about removing the dispute arbitration committee passes into the hands by starting from one arbitrator within one month. In this way, two appointed referee, the referee of the final report from the country that designates it as this assignment from a third State within two months of the chooses a person as third umpire nationality.
2.2. the States parties to the present Convention within the period of one of the if not arbitrators, referring to the President of the European Court of human rights the other Party, want him to arbitrators. 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.
2.3. The President of the European Court of human rights, one of whose state of the contract in the case of the citizenship, the tasks given to him with this article, the Vice-President of the Court or the status of being the same uyrukta the highest grade where no are handed over to the judge.
(3) the arbitral tribunal decides by majority vote. Committee decisions are binding for both States. The parties to the present Convention each State meets the costs of the arbitrator shall be appointed by itself. Other costs the countries parties to the present Convention are met equally. The working methods of the arbitral tribunal.
CHAPTER VI TRANSITIONAL and FINAL PROVISIONS Article 34 transitional provisions (1) Before the effective date of this agreement, any period completed the insured, in the determination of the right to an assistance pursuant to this Agreement shall be taken into consideration.
(2) this Agreement shall be for a period of time prior to the effective date of a payment help.
(3) without prejudice to the provision of paragraph 2, except for lump-sum payment help any help; before the effective date of this Agreement manifested also apply for events. However, acquired rights from the date of entry into force of the Convention in two years, from the date of entry into force of the agreement in a written application made after two years following the date of the applications demand aybaşından is paid to be effective. Article 35 entry into force and Termination of the agreement (1) Failure by either party to the other party for entry into force of the Convention required internal legislation has completed. The contract, which followed the last notification shall take effect on the first day of the second month.
(2.) applies from the date of entry into force of the contract. But in his statement to the other party of the contract may be terminated with either party. Termination at the end of the sixth month following the date of the statement.
(3.) if it terminates the contract, the rights acquired in accordance with the provisions of the contract continues and the transposition under the contract demands was won in negotiations to decide about. The agreement is not achieved in halledilmeyen principles relating to demand, within the framework of the provision of article 33.
This agreement, 6.7.1998 on both text in Skopje are equally valid, Turkish and Macedonian languages, arranged and signed.
The GOVERNMENT of the REPUBLIC of MACEDONIA, on BEHALF of the GOVERNMENT of the REPUBLIC of TURKEY, on BEHALF of Prof. Dr. Nami CAGAN Naser ZİBEKİ labour and Social Security Minister, Minister of labour and Social Policy
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