How to Appeal a Social Security Institution (SGK) Exit Code?

SGK (Social Security Institution) Exit Code Appeal – Lawyer in Izmir

HOW TO APPEAL AGAINST A SOCIAL SECURITY DISMISSAL CODE?

Employers may report your termination code incorrectly or maliciously. If you suspect your employer has reported your termination code incorrectly;

• Interview with the Employer,
• By resorting to mediation,
• You can file a lawsuit in labor court to request that this notification be corrected.

1- Interview with the Employer

If you believe your termination code is incorrect, you should first contact your employer in writing, formally requesting an explanation for the reasons behind the reported code. An incorrect code may have been reported due to an error or lack of information. Communicating with your employer in writing to clarify the situation and request a correction of the termination code ensures the quickest and most effective resolution of any issues.

If the termination code is entered incorrectly, it is possible to correct the erroneous code electronically within 10 days of the termination date. However, after the 10-day period, the employer must submit a written application to the relevant unit of the Social Security Institution (SGK) and provide the necessary explanatory documents and information showing the reason for the change in order to change the code. Upon this application, the SGK will examine the submitted documents and information and conduct an investigation. The relevant unit will evaluate the application and its attachments; if the information and documents provided are deemed appropriate, permission will be granted to correct the termination code. Otherwise, the application may be rejected or additional information may be requested.

An employee cannot change their termination code by applying to the Social Security Institution (SGK) alone; this can only be done upon the application of the employer or both parties together. Therefore, it is essential for the employee to contact the employer and seek a solution together to avoid any loss of rights.

2-Mediation

With Circular No. 2025/8 published by the Social Security Institution (SGK) on March 22, 2025, the way was paved for the official change of termination codes in accordance with mediation agreements.

This Circular adds the following provision to the Circular No. 2013/11 dated 22.02.2013 on "Insurance Procedures":

“"If the insurance coverage is terminated by stating the reason for leaving employment without the payment of severance pay or notice pay, and subsequently, a mediation agreement or court decision orders the payment of severance pay or notice pay to the employee; the reason for leaving employment will be changed to the reason for leaving employment that is consistent with the relevant court or mediation decision, upon application to the Institution by the insured person or the employer with a mediation agreement or court decision that has the force of a court judgment."”

With this change, even if the initially reported code is one that does not entitle the employee to compensation, if compensation is subsequently agreed upon through a voluntary mediation agreement, the termination code can be officially changed. This situation may also enable the employee to benefit from social rights such as unemployment benefits.

3- Court Decisionı

If the employer fails to make the correction, or if the employee cannot reach an agreement with the employer through mediation, the employee may resort to legal action. In this case, the employee applies to the labor court, requesting the correction of the termination code and, if unpaid, the payment of any outstanding wages. While the employer is responsible for the wages, since the termination notice was issued by the employer, the lawsuit is filed directly against the employer, not the Social Security Institution (SGK).

During the court proceedings, the employment contract, the employee's length of service, the reason for termination, and other documents submitted by the parties are evaluated. If the court determines that the termination code is incorrect, it sends this decision to the Social Security Institution (SGK) and the Turkish Employment Agency (İŞKUR) to ensure that the official records are corrected.

Correcting the termination code is critical for an employee to be able to exercise their rights, such as unemployment benefits, severance pay, and notice pay. Furthermore, an incorrect termination code can negatively impact the employee's future job application record. Therefore, employers are obligated to report termination codes accurately and in accordance with the law.

Other works we have prepared within the scope of Labor Law;

Izmir Employment Lawyer

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56