Özet:

Like the cancelled Social Insurances Act no: 506, Social Insurances and General Health Insurance Act no: 5510 continues to apply the minimum labor cost premiums in tender works . In this perspective, employers who get tenders from public institutions and public organizations need to get “free of premiums certificate” (ilişiksizlik belgesi) from the Social Security Institution in order to finish their social insurance responsibilities. According to the procedures of the Institution, a pre-evaluation must be done over the applicant employers’ file and a decision must be reached deciding whether an extra conduct is needed or not by the inspectors. The “free of premiums certificate” is given if the employer declares the minimum labor cost premiums. Otherwise, the file of the employer is conducted by the inspectors of the Institution. If the employer’s failure in declaration and payment of the minimum labor cost premiums is determined, the employer is forced to pay the premium difference calculated by the Institution.The problem of responsibility from the minimum labor cost premium difference occurs when the employer delivers some of his work to a subcontractor. In this paper, the conditions of the responsibility of the subcontractor regarding the minimum labor cost premium difference are examined and a legal solution is searched for

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