Social Security Law

A lawyer who handles SGK (Social Security Institution) cases is a legal professional specialized in social security legislation and labor law regulations, managing legal proceedings when individuals' social security rights are violated.

These specialized attorneys can represent both employees and employers in a wide range of matters such as insurance premiums, retirement, disability pensions, and service determination.

What Are SGK Lawsuits?

Disputes arising from SGK-related issues cover a broad spectrum. Some of the most frequently encountered SGK lawsuits include:

Employee Claims Lawsuit

Filed when employees are not paid overtime, public holiday pay, annual leave pay, transportation and meal allowances, bonuses, or premiums. Employees can request retroactive payment of their entitlements. As of 2018, the statute of limitations for such claims is 5 years.

Service Determination Lawsuit

Filed by workers who were employed without insurance or underreported insurance to correct SGK records retroactively. The court investigates whether the service periods were reported to SGK and may order the employer to pay retroactive social security premiums for unreported periods.

Severance Pay Lawsuit

Employees who have worked at least one year and whose employment contract is terminated for specific legal reasons may claim severance pay. It is calculated as one gross salary per full year of employment. Employees who resign with justified reason or are dismissed unfairly may file for this compensation.

Notice Pay Lawsuit

When an employment contract is terminated without the legally required notice period, the other party may claim compensation. Notice periods vary based on the length of employment, and failure to comply gives rise to notice pay claims.

Overtime Pay Lawsuit

Work exceeding 45 hours per week is considered overtime, entitling the employee to 50% additional pay per hour. If the employer fails to pay, the employee can file a lawsuit. Time tracking records, camera footage, and electronic attendance systems can be used as evidence.

Reinstatement Lawsuits

Employees dismissed without valid reason may file for reinstatement after the mandatory mediation process. If the court rules in favor of the employee, the employer must either reinstate them or pay compensation. The lawsuit must be filed within 1 month of receiving the notice of termination.

Retirement Lawsuits

Individuals who are denied retirement benefits despite applying to SGK may file a lawsuit. These cases are evaluated based on whether the person meets the criteria such as insurance start date, number of premium days, and age.

Disability Pension Lawsuits

Insured individuals who are no longer able to work due to health issues may apply to SGK for a disability pension. If denied, they can file a lawsuit. Medical reports and board evaluations are central to these cases.

Temporary Incapacity Allowance Lawsuits

Compensation paid by SGK for periods when a worker cannot work due to work-related accidents or occupational diseases. If the payment is not made, a lawsuit can be filed to recover it.

Death Benefit Lawsuits

Family members of an insured person who died due to a work accident or occupational disease may apply to SGK for survivor benefits. If denied, legal action can be taken to secure entitlement to these payments.

Marriage Allowance Lawsuits

Daughters of deceased insured individuals may receive a marriage allowance upon getting married. This allowance can be up to 24 times the monthly survivor pension. If denied, the claimant may file a lawsuit to enforce the payment.

Other SGK Lawsuits

• Funeral expenses
• Maternity (nursing) allowance
• Lump-sum retirement payment
• Survivor pension lawsuits
• SGK recourse lawsuits
• Lawsuits for medication supply and treatment expenses

Authorized Courts for SGK Cases

SGK disputes are handled by labor courts. If there is no labor court in the relevant jurisdiction, civil courts of first instance act in that capacity. In administrative cases, administrative courts have jurisdiction. Decisions can be appealed at higher courts.

How to Choose an SGK Lawyer?

Since SGK legislation is frequently updated and technically complex, it is important to choose a lawyer who:

• Has experience in social security law
• Is well-versed in current laws and judicial precedents
• Has practical experience in employee-employer disputes
• Is familiar with the mediation process
• Monitors case deadlines and procedures meticulously

SGK Attorney Fees

Attorney fees vary depending on the type, value, and duration of the SGK case. Minimum fees are determined by the Bar Association Fee Schedule and are updated annually. Consulting services are generally charged hourly, while representation in lawsuits may involve fixed or percentage-based fees.

Duration of SGK Lawsuits

Depending on the type of case, SGK lawsuits are typically resolved within 6 months to 2 years. Complex files and appeal processes may extend the timeline. If mediation fails, the litigation process officially begins.

SGK Litigation Costs

SGK lawsuits involve court fees, advance expenses, expert and witness fees, among other costs. These are paid to the court at the time of filing. If the opposing party is found at fault, the court may order reimbursement of these costs to the plaintiff.

How Does the SGK Litigation Process Work?

• File for mediation (if mandatory)
• Submit a written application to SGK
• If rejected, file a lawsuit
• Submit all necessary evidence and documents to the court
• The case is concluded and may be appealed if needed

Conclusion

Disputes involving SGK can lead to significant loss of rights that directly affect a person’s future. From retirement to work accidents, disability pensions to marriage allowances, many issues fall under SGK law. Due to the technical nature of these processes, obtaining support from an experienced SGK lawyer is essential.

To avoid losing your rights and to ensure your case is managed securely on a legal basis, legal assistance is always the most reliable course of action.