EMEKLİLERE ÇALIŞMA HAKKI GELDİ! TOPLU AYLIK ALMAK MÜMKÜN!

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EMEKLİLERE ÇALIŞMA HAKKI GELDİ! TOPLU AYLIK ALMAK MÜMKÜN!
9 Kasım 2020Av. Talha Barut

Nihayet yurtdışı borçlanması ile emekli olanlara kısa süreli islerde çalışma hakkı getirildi. 06.11.2020 tarihinde yürürlüğe giren yönetmelikle çalışma hakkı tamamen uygulamaya girdi. İlgili düzenlemenin ayrıntıları şu şekildedir:

26.06.2020 tarihinde yürürlüğe giren 7247 Sayili Kanunun 3.maddesinin C bendi

“C) Yurt dışında zorunlu sigortalılığa tabi olsalar dahi kısa süreli çalışma olarak adlandırılan işlerde çalışanların aylıkları bu madde kapsamında değerlendirilmez ve kesilmez. Bu maddede geçen kısa süreli çalışmaya tabi işler yönetmelik ile belirlenir.” hükmünü öngörmüştür.

Yönetmelik 4 Ay Sonra Yayınlandı!
Kanunun çıktığı tarihten beri SGK tarafından yönetmelik bekleniyordu. 4 ay sonra yönetmelik yayımlandı. Maalesef yönetmelik beklentileri karşılamadı. Zira yayınlanan kanunun lafzından “zorunlu sigortalılığa tabi olsalar dahi” ifadesinin kullanılması sebebiyle sigortaya tabi yarı zamanlı işlerin de izin verileceği tahmin ediliyordu. Ancak 06.11.2020 tarihinde yayınlanan Yurtdışında Geçen Sürelerin Borçlandırılması Ve Değerlendirilmesine İlişkin Yönetmelikte Değişiklik Yapılmasına Dair Yönetmeliğin 3. Maddesinin k fıkrası

“k) Kısa süreli çalışmaya tabi işler: Yurtdışında zorunlu sigortalılığa tabi olsalar dahi, Ülkemiz dış temsilciliklerince veya sosyal güvenlik sözleşmesi imzalanmış ülke sigorta kurumlarınca düzenlenmiş hizmet belgesinde kayıtlı olan ve ilgili ülke mevzuatına göre elde edilen kazanç üzerinden çalışandan zorunlu sigorta prim kesintisi yapılmadığı bildirilen süreleri,”

Tanımını yapmıştır. Yine 3.md ile “kısa süreli çalışmaya tabi işler hariç olmak üzere” ifadesini ekleyerek zorunlu sigorta prim kesintisi yapılmadığı bildirilen çalışmaların serbest bırakılacağını belirlemiştir.

Emeklilik Primi Ödemeyenler Maaş Alabilirler!
Yönetmeliğin lafzından anlaşıldığı kadarıyla sadece emeklilik kurumlarına zorunlu sigorta prim kesintisi olmayan çalışmalara müsaade edilmiştir. Bu çalışmalar Almanya için 450 Euro`ya kadar Minijob olarak tabir edilen işlerdir.

Söz konusu yönetmeliğe göre; Türkiye`den yurtdışı borçlanma ile emekli olanlar çalışırken emeklilik kurumuna prim ödemedikleri takdirde maaşlarını alabilirler.

Yetersiz de olsa en azından 450 Euroya kadar çalışma hakkının tanınmış olması olumlu bir gelişmedir. Tabii ki Almanya da 450 Euroya kadar olan bu hak, başka bir ülkede farklı bir miktara isabet edebilir. Buradaki önemli nokta çalışırken emekli kurumuna zorunlu kesinti olup olmadığı hususudur. Zorunlu kesintiye tabi olan işler yasak olmakla birlikte, zorunlu prim kesintisi olmayan işler serbesttir.

Toplu Aylık Almak Mümkün!
Bu hakkı bekleyen binlerce vatandaşımız bulunuyor. Yıllar önce borçlanma bedellerini ödemiş, ancak aylığını bu sebeple bağlatmamış kişiler artık aylıklarını bağlatma talebinde bulunabilirler. Hatta 26.06.2020 den itibaren aylıklarını alma hakları bulunmaktadır. Zira yönetmelik bu hakkı kanunun ilk yayınladığı tarihten itibaren geçmişe etkili şekilde vermektedir. Haziran sonunda da duyurduğumuz gibi kişilerin toplu aylık alma hakkı bulunmaktadır.

Bazı Kadınların Emeklilik Talebi Reddedilecek!
Yıllar önce işlemlerini tamamlamış ancak çalıştığı için emekli aylığını bağlatmayanları bazı kötü sürprizlerde bekliyor. Zira değişikliklerden etkilenenlerin emeklilik talepleri reddedilecektir. 06.11.2018 de 2018/38 Sayılı bir genelge yayınlanarak özellikle ev kadınlarının emekliliğinde değişiklik yapılmıştır. Yıllar önce yurtdışı borçlanma bedelini ödeyip bitirdiği halde şartların değişmesinden dolayı emeklilik talebi reddedilecek birçok kişi de bulunmaktadır. 06.11.2018 tarihinden önce işlemini bitirip o tarihten sonra dosyasını hiç inceletmemiş kişilerin, dosyalarında gerekli kontrolleri yaptırmaları gerekmektedir. Aksi halde emeklilik taleplerinin reddedilerek hayal kırıklığına uğramaları mümkündür. Bu durumda olanlar dava yoluna gidebilirler.

Avukat Talha Barut

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