TÜRK SOSYAL GÜVENLİK HUKUKUNDA ÜÇÜNCÜ KİŞİ

Abstract

Although there are provisions regarding the responsibility of the third person in the Law No. 5510 on Social Insurance and General Health Insurance, there is no provision regarding the definition of the third person. Since the law mentions that employers and employers are already responsible person, it is necessary to accept third parties as those other than these persons. In other words, third parties can be defined as persons other than employers and employees. It is important to determine the third party in the recourse cases claimed by the Social Security Institution. Because while the employer and the persons held responsible as if the employer are held responsible for the entire first cash income, half of the first cash income can be recourse to the third party. It is also stipulated that these expenses will be compensated from the third person who caused the Institution to provide health services or to extend the treatment period. Since the person who manages the whole business is considered as the employer's representative and is held responsible like the employer according to this Law, he is not considered a third person. Other than the employer's representative who manages the whole business, workers working in the workplace are included in the scope of third parties. While the main employer and subcontractor are held responsible like the employer, the contracting authority is considered as the third party in turnkey contract. In the study, the concept of third person was examined, and then the cases where the third person was held responsible were also mentioned.