Key Benefits:
BETWEEN THE TURKISH REPUBLIC GOVERNMENT AND THE KEBEK GOVERNMENT
CONFIRM RECONCILIATION ON SOCIAL SECURITY
IMPOSE LAW
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Kanun No. 5041 |
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Accepted Date: 8.1.2004 |
MADE 1. - The "Memorandum of Understanding on Social Security between the Government of the Republic of Turkey and the Government of the Kebek Government", signed on November 21, 2000, is appropriate for the approval of the "Memorandum of Understanding on Social Security."
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.
REPUBLIC OF TURKEY GOVERNMENT
ILE
KEBEK GOVERNMENT
INSEARCH
ON SOCIAL SECURITY
RECONCILIATION
REPUBLIC OF TURKEY GOVERNMENT
AND
KEBEK GOVERNMENT
arzuThe desire to benefit from legislation in the Social Security area bywill remain mutabled on the other side.
IM I
GENERAL PROVISIONS
Article l
Tents
1. If no provision is found on the table, they will be written to the statements in the following statements:
"Proxy Makam"
Kebek Minister, Kebek Ministry, tasked with implementing relevant legislation, Turkey from the Ministry of Labour and the Ministry of Social Security and other related countries, including:
"Install Authorized"
From the point of view; the legislation that is specified in the form of the l pearl of the 2nd item. The company or the organization responsible for the implementation of the legislation or the organization, responsible for the implementation of the legislation specified in the form of the L pearl filter (b) of the article 2,
"Legislate"
The law, which is mentioned in article 2 of theSosyalSocial Security branches and regimes, more and more of the regulations and regulations and regulations,"Insurance Period"
From the point of view; the laws on the Bone Revenues Regime, or the premiums or a all of the years or other accepted goods, paid by the balance of the premium paid and premium paid by the current legislation, by the current legislation,
"Yards"
A monthly, revenue, allowance, purpose in the legislation of each of the parties is a amount of money, including the quantity or all of the fins, additional or increase, and the benefit of the money,
"Citizen"
From the point of view, Canadian citizen and the l pearl of 2 items. (a) be subject to or be subject to the legislation which has been mentioned in the subject matter, and those who have the rights under that legislation or who are not, from the view of Turkey, are the citizens of the Republic of Turkey and are the second (b) of the 2nd Article Whether or not he is subject to the legislation that he has been mentioned in. no one who has rights to the legislation or who has the rights,
2. Any statements that are not defined in this clause will have the meaning attributed to it in the legislation to be applied.
Article 2
Covered By Reconciliation
l This Covenant;
a) From the point of view, to the legislation of the Kebek Revenue Regime,
b) From the perspective of Turkey; to cover only property, spread, and death insurance. to
I) 506, Social Insurances Law,
II) 5434 to T.C. Retired Sandman Law,
III) 1479 to BAUR-KUR Law,
IV) 2925 of the number of Tarism and 2926 of its own Adjits and
Account Stolen Social Insurance Laws,
V) 506 is the temporary 20 of the Social Insurances Law. Subject matter to the subject of sandals,
is applied.
2. This Covenant is also applied to the provisions of the law or statute that completed or supersede the legislation mentioned in the l pearl paragraph.
3. This Memorandum applies as a result of an appeal in the 3 months following the law and regulations, which enclose a party's legislation with new judges and new judges, in the three months following the law and bylaws to take effect.
4. The law or charter, which covers a new branch of social security, applies to the parties in the matter of the Reconciliation of the Parties to this issue.
Clause 3
A Personal Application Space
If no provision is found, this Memorandum is subject to the legislation of one of the parties. It applies to the owners of those who are, or are subject to, and are subject to.
Clause 4
BUSINESS OPERATION
In contrast to the fact that they are not convicted, they are identified in the 3rd item, in the case of the They should be able to work with their citizens in the implementation of one of the parties ' legislation.
Clause 5
Help for the Help
1. Unless otherwise stated otherwise, the assistance of a party legislation or a Covenant may not be downloaded, defuntable, uncut, cancelled or revoked due to the fact that only the benefit of the benefit is to reside or reside in the country of the other party. He can't get it. These benefits are also paid in the country of the other.
2. A benefit that is payable in the country of Europe by a Stimulus Party is paid for by the first part of the countries, with the same conditions that the first party has applied to its own citizens, with the same conditions that it applies.
KISIM II
PROVISIONS FOR LEGISLATION TO BE APPLIED
Clause 6
General Rule
Provisions 7, 8, 9, 10, and 11 in this Mutabaçe case No one in the country is subject to the legislation to remain hidden.
Clause 7
Own Account (s)
residing in a country's country and in the country of the other party or both Anyone who has stolen their own name and account in his country is subject to the legislation of his country of residence alone, subject to the occupation.
Article 8
Temporary Tasks
A period of time that is subject to the legislation and does not exceed 60 months by the company The first-party legislation is subject to the first-party legislation, which is temporarily sent as a temporary agent to the country's country for the period of time. This time period may be extended by the approval of the two parties.
Article 9
One International Shipping CompanyTarafýndan
Israeli Vessel Or Aircraft Personnel
l One of the central parts of an international transit ship or aircraft personnel, which is stolen in both party countries and is responsible for its own name and account, or with the air or sea route to the account or the sea route. No one in the country is subject to the location of the location of the office of the lonely site.
2. However, no one who is understood is subject to the party or permanent representation of the country or permanent representative in his country if the office of the policy center is located in the country of the other party.
3. If a person who is employed, who is employed, is employed in the country of residence, is not the country's central, civil or permanent representative of the country in which he is employed, he said. Even if it is, it will only be subject to the legislation.
Clause 10
No One who sees a state service
1. The first-party legislation is subject to the work of one of the parties, who has a state service and is assigned to a position in the country of the other.
2. Anyone who resides in the country of one of the parties and who has a state service on behalf of the other in that country, subject to this work, is subject to the legislation implemented in that country. However, if this is a citizen of the self-employed, it may be in preference for the implementation of the country's legislation, which has been employed by the country, for a period of 6 months, from the time it has started to be stolen or the Mutabas has entered the current position.
3. Any provision of the reconciliation process is subject to the provisions of the Vienna Agreement on the Rights of the Embassy of the Embassy of October 18, 1961, or the provisions of the Vienna Pseudo on 24 April 1963. it cannot be interpreted in a way.
Article 11
Israeli Government Provisions, Of Course
The competent authorities of both parties, by understanding the meeting, are a part or Article provisions 6, 7, 8, 9, and 10 may apply to the group of people.
KISIM III
PROVISIONS FOR THE HELP
Article 12
Useful HelpYardýmlar
This Is My Km;
l It is applied to all of the aforementioned legislation in the form of the l pearl of the 2nd item (a) from the point of the switch.
2. From the Turkish side, the 2nd ingredient is applied to all the aforementioned legislation in the form of the pearl of the fifth fir (b).
Article 13
Process for Volume Volume
1. If no one has past periods according to each party, and no one is entitled to help by the legislation of one of the parties to take advantage of a yarn, the authority of that entity is the applicable legislation. The right to benefit within the framework of the benefit of the benefit, to the extent required by its legislation, is one of the times to consider the durations that elapsed due to the elapsed times and other party legislation.
2. Looking at any other country's provision, this is less than a year for the total number of uninsured times to be completed, and only those times, a benefit to the legislation, according to the legislation of this one. If it does not, it is not possible to ask that member of the authorized institution to help anyone with this Memorandum of Understanding. As many as these durations have been considered in determining the right of assistance according to the applicable legislation.
Article 14
Useful Help for the Kebek LegislateUyarýnca
1. A person, who is subject to the legislation of both, If any of the people, widows and orphans or rights holders, who are responsible for the reduction in the 13th Amendment for their rights holders or rights holders, are taking the necessary conditions for the right to benefit from a half of the Kebek Deposit, the Kebek Amount of aid according to the provisions of the Authorized Institution
2. If no one mentioned in the pearl paragraph is to use the necessary conditions for the right to benefit the expiry of the expiry, the Kebek Proxy will act as follows:
a) Anilan institution provides a minimum of 90 days in a calendar year of the Turkish Authorized Institution Identifies a premium pay year if the insured expires in the Turkish Deposit period, and the term is included in premium pay times as defined in the Kebek Legisl;
b) The Annalan institution is in accordance with paragraph 13, (a) as defined by paragraph (s) , and has elapsed times according to the Kebek Legislate.
3. If it is not won within the framework of the term prescribed in paragraph 2 of the benefit of the benefit, the Kebek Authorized Authority will appoint the following amount of aid to be paid:
a) The amount of the part of the part that is lost to the benefit of the benefit, according to the Kebek Legislate calculated,
b) The fixed rate of the aid to be paid in this Memorandum is a total;
With the amount of fixed rate assistance determined by theKebekKebek Revenues Regime, this regime The premium pay times that are defined in the legislation and the premium pay times in the Kebek Revenue ReJims are calculated by the impact of the cut in the ratio of the rate.Article 15
Useful Help for Turkish Legislators
l, a person who is subject to the legislation of both of us, If they are responsible for looking for the widow and the orphans or the rights holders, the Turkish Authority is responsible for the deadline for the right to take advantage of a half of the Turkish Legislors, if the Turkish Legislators are to be required to take advantage of the right to benefit. Determines the amount of yardage according to the provisions of the legislation.
2. l. If no one mentioned in paragraph pearl is required to take advantage of a benefit to the expiry of the term, the Turkish Authorized Authority will act as follows:
a) for the right to pay a close to the Turkish Legisl;
i), the agency said, every insurance covered by the Kebek Authority. For the first time, it will accept the 360 premium day according to the Turkish Legisl.
ii) (a) if I do not have a benefit with the implementation of the self, the public institution, Kebek Each day of residence, according to the policy of the Turkish Republic, which is based on the applicable insurance policy in the country, accepts a premium paid day by the Turkish Republic, but this day it will not be able to conflict with a period of insurance that passes according to the Kebek Deposition, and the day of acceptance the number of 360 people is also not available in the year.
iii) the announced institution, (a) i and (a) ii warned the days of the Turkish Republic. from within the scope of the system to the current level.
b) For the Turkish Deposit, for the benefit of maloulix or death, Kebek A calendar year that is insured according to the Revenue Regime Act is considered a 360 day of Turkish Legislators.
3. If there is a period of residence in which no one has an uninsured period before the Turkish Insurance Regime, under the Kebek Revenues Regime Act, or the Prohibit Law imposed in the Kebek country, then the earliest date of this period is the oldest, It is considered to be the date of entry into the Turkish Insurance Regime.
4. If the right to benefit from the following benefit is earned thanks to the amount of time stipulate in paragraph 2, the Turkish Authority will transfer the amount of aid payable as follows:
a) The amount of theoretical assistance to be paid first was to have been added to the 2 nci The insured times are calculated by accepting them as if they were crossed by the Turkish Legislate.
b) (a) the amount calculated according to the benefit is multiplied by the rate. The share of this ratio is the sum of the times that have been passed according to the Turkish Legislant. The denominator is the period of time obtained by the sum of the durations requested by the Turkish Legislator, with the sum of the time being observed in paragraph 2 (2).
c) (b) in the application of the beni, only the 2nd paragraph (a) of the person is recognized If a benefit is made thanks to the reintegration of the insured times, the residency times that are accepted by the implementation of the applicable insurance policy in the Kebek Country will not be considered in the calculation of the benefit of the benefit.
Clause 16
Elapsed Time by Third Party Legislators
One is after a number of units that are forecasted in items 14 or 15. if it is eligible for assistance, the insured times passed by a third party with a legal social security document that includes provisions for each of the parties involved in the ongoing provision of the amount of the insured, in this section In ways, you are entitled to benefit from the benefits. It's got a little bit of a debate in the field.
KISIM IV
STEEL PROVISIONS
Article 17
Regulatory
1. The application process is specified in a Formal Arrangement, which will be organized by the applications of the reconciliation process by the parties.
2. The liaison institutions of each of the parties are shown in the Human Arrangement.
Article 18
Useful Request
1. In order to take advantage of a yardage under the provisions of the Covenant, no one is required to perform the procedures stipulated in the Religious Arrangement.
2. For the implementation of the 3rd party, a request is made according to the legislation of a part of the party's request after the order of the Reconciliation of a party, according to the legislation of a party, and a claim made by the other party.
a) request that anyone with respect to the legislation of the other side of the claim as a means of acceptance of acceptance;
b) In the history of demand, the hours of the insured are subject to other party legislation If it is notified of a pastime;
The date on which such a claim is received is the first by this request it is considered to be the date that it was received.
3. Acceptance of the claim as specified in the 2nd paragraph does not prevent the interest of the interest from requesting that the request be postponed until the other party is warned.
Article 19
Approx HelpÖdenmesi
1. All kinds of money will be provided to anyone who is eligible, who will pay, according to a money that is applicable to or in the country of residence of the concerned, administrative expenses or any expenses paid by the benefit of the benefit of the benefit. is paid.
2. If implementation of the pearl paragraph is required to apply to a humbiyo ratio application, this rate is proportional to the current date of the payment.
Article 20
A Claim, a Notice, or a Statement Submission
1. A request that must be made to the competent authority or institution of that side by a side's legislation is valid if a notice or objection is made to the competent authority or institution of the other party during the same period of time. In this case, the second-site authority or agency sends the first party to the competent authority or institution without having to pass a request, petition, notice, or this objection.
2. This petition is considered by the date that this request or the date of this objection or notice is submitted to one of the parties to an authorized office or institution by the other.
Article 21
Medical Checks
1. At the request of a member of the competent authority, the competent authority shall take the necessary measures to conduct the religious controls that concern anyone residing or residing in the second-party country.
2. The medical checkers mentioned in the pearl paragraph shall not be annulled because they were only made in the country of the other side.
Article 22
Gander and VizedenBaðýþýklýk
1. It includes documents that are envisioned in the implementation of a document or release in the implementation of a party ' s legislation with the documents required in the implementation of any kind of expense or discount stipulate in that party legislation.
2. Any document, embassy or consulate visa, or similar, required by the reconciliation, is all kinds of work.
Article 23
Protection of Qualified Information
1. In this material, the word "information" refers to any kind of information that allows for the easy identification of a real or legal entity.
2. Any information that is sent to the institution of a party is confidential and used in the implementation of the exclusive Mutabby, as it is not necessary to open a information according to the legislation of one side.
3. Entering a file containing the information is subject to the party legislation in which you have this file in its country.
Article 24
Human Help
Authorized authorities and agencies:
a) In order to process any necessary information in the implementation of the database they give each other;
b) An expense for any problem with the implementation of a mutabakato They help each other be;
c) Reconciliation of measures or regulations that are intended to be implemented by using the database They send all kinds of information to each other in a way that will affect the implementation of the application;
d) Each other has difficulties in interpretable or implementing support.
Article 25
Agencies Call for Agencies
l The competent authority of one side has to pay for every medical check made by article 21 to the other side of the other. However, it generates a complete part of the authority of the authorized institutions, or an incomplete part of the transfer of the other information, and is replaced with no expense.
2. The I pearl paragraph is specified in the Human Edit, which is how the payment is specified.
Article 26
Haberables
1. Authorities, institutions and installations of both parties can communicate with their official language in their official languages.
2. The decision of a court or institution may be sent directly to anyone residing in the land of the other side.
Article 27
Resolved the Means
1. Both competent authorities are committed to resolving this Reconciliation interpretation and implementation of any kind of agreement between the parties in the path of negotiations.
2. If the conflict cannot be resolved within 6 months from the date of date of the negotiations, the arbitrator will be sent to the Arbitrator Commission at the request of one or both of the parties. This arbitration award is set in the course of the course, and the work of the works is determined in the Editorial Arrangement.
3. The arbitral Commission makes a decision based on the spirit and the basic principles of the conflict to resolve the conflict. The Commission's decision is final and final.
KISIM V
APPLICABLE AND FINAL PROVISIONS
Article 28
Transitional Provisions
1. The reconciliation does not refer to any assistance for the period before the effective date.
2. In the implementation of the 3rd Division and the terms of the L pearl paragraph are saved, with the record;
Mutabakata) Reconciliation of an insured period prior to the effective entry of a reconciliation from a half of the time it takes advantage of the right to take advantage of a half-in-one,b) A portion of the death volume payout, from the current entry of the Mutablayer will be paid in the Covenant, even if it is related to a previous event.
c) The parties to the right of the right time to consider the provisions of the legislation If a judge is required to be paid as a result of a service provision stipulated by the 13th clause, and the claim is made within two years from the current date of entry, then the Mutabakatan rights:
i) If the event occurred prior to the execution of the Mutablayer, the effective from the date, or,
ii) Retirement, death, for events after the effective date of entry. or, as of the date of a property that has been approved of the benefit, from the date of an approved property,
wins.
A request for assistance, If the reconciliation process is made after the end of the two years after the effective date of entry, the rights are earned from the date stipulate in the legislation of one of the Parties or other.
d) Rejected or stopped due to a status of citizen or residence A yardage, which is based on the request of the attention, will be printed or reported from the effective date of the Reconciliation.
e) For a benefit, an interest, before the execution of the database. request again. The help can be reconsidered at the same time. The benefit continues to be paid at the previous level, if the result is a search result below the amount paid prior to the effective entry of the Mutablayer.
f) (d) and (e) the projected demand in their entree is from the date that the Mutablayer has been entered If done in a period of 2 years, the rights of the parties to the extent of the rights to the right of the right, the rights of the reconciliation, are won from the date of the effective date of the Covenant.
g) (d) and (e) the projected demand in their readme is 2, which follows the current entry of the Mutabafold If it is done after the end of the year period, any more effective provisions of the applicable legislation will be retained by the record, as of the date of the claim, with no time to place time.
3. No one who is in a temporary agent state on the date of the application of the 8th item on the implementation of the 8th item is considered to have been temporarily assigned since.
Article 29
l. In order for each party to enter the Mutabatan effective way It will notify you that it has completed internal procedures.
2. The Covenant is valid for a period of time from the effective date of entry between the Parties and the effective entry date. The reconciliation can be annured by the notification that one of the parties has made it to the other side. At least 12 months after the reconciliation notice date, it ends at 31 December.
3 .The rights to which the reconciliation is made under the terms of the Covenant if the reconciliation is over. will continue and are entered into negotiations to decide on the rights that are being made in the Memorandum.
On21 November 2000, It is organized in Turkish and French languages, to be valid in both text in the Kebek.
TURKEY ' S REPUBLIC GOVERNMENT IS THE KEBEK GOVERNMENT
ADINA
Erhan Death by Louise BEAUDOUN.
Ambassador International Secretary of State
