Precedent Ruling from the Court of Cassation for EYT and Missing Premium Days

A promising development has emerged from the Court of Cassation for employees who missed the EYT regulation enacted in 2023 due to missing premium days. The Court of Cassation ruled that periods of uninsured employment can also be proven with documents and evidence other than Social Security Institution (SGK) records.

EYT Regulation and Resulting Grievances

With the EYT law passed in Parliament in 2023, millions of citizens whose insurance start date was before September 8, 1999, had gained the right to retirement.

While approximately 3 million employees retired with this regulation, many individuals with missing premium days could not benefit from the law, experiencing grievances.

Precedent-Setting Decision from the Court of Cassation

The precedent decision handed down by the high court has opened a new legal avenue for citizens who cannot retire due to insufficient premium days.

With this decision, it has been ensured that periods of uninsured employment can be proven with evidence outside of the Social Security Institution records as well.

Witness Testimonies and Evaluation Principles

The 9th Civil Chamber of the Court of Cassation stated that the kinship ties of witnesses alone do not constitute a sufficient reason for testimonies to be considered invalid.

The court emphasized that witness statements should be evaluated together with other evidence in the case file and the worked period should be accepted.

Evidence to Be Used in Proving the Working Period

SGK and employer records, along with employment entry and exit documents, rank among the primary pieces of evidence in the official determination of working periods.

Additionally, workplace internal correspondence, employee testimonies, and witness statements to be provided from neighboring workplaces will also be taken into account during the proof process.