Retirement marks a well-deserved period of peace for an employee after many years of work. However, although retirement is considered a fundamental right, the process can sometimes become complex and time-consuming due to bureaucratic obstacles, insurance contributions, or administrative errors. If you believe there is an issue with your retirement and want to defend your rights, it is important to understand the legal steps to follow when filing a retirement lawsuit in Bursa.
This article provides detailed information on what to consider when filing a retirement lawsuit, how the case will proceed, and how legal support can be provided throughout the process.
Retirement Rights and Legal Framework
Retirement is a right guaranteed in Türkiye under the Social Insurance and General Health Insurance Law. Employees covered under 4A, 4B, and 4C categories gain retirement rights once they meet the required contribution period and age conditions. However, due to unpaid contributions, incorrect notifications, or errors during the retirement application, requests for retirement can sometimes be rejected.
In cases of retirement rights violations, it is possible to file a retirement lawsuit to claim your rights. In such situations, obtaining professional legal support to protect your rights is highly important.
Steps to Follow When Filing a Retirement Lawsuit in Bursa
Filing a retirement lawsuit requires patience and careful attention. At YavuzLegal, we guide you step by step to protect your rights based on our expertise in retirement lawsuits. The key steps are as follows:
1. Review Retirement Eligibility
To qualify for retirement, you must meet specific requirements for contribution payments, insured periods, and age. First, ensure that you meet the required contribution period and age criteria.
Contribution period: The social security system requires employees to pay contributions for a certain duration. Once completed, you gain retirement eligibility.
Age requirement: Employees must reach a certain age to retire. This age limit varies depending on when you joined the social security system.
Additionally, familiarize yourself with the required documents and procedures for retirement applications.
2. Check Contribution and Insurance Status
Contribution payments are critical for retirement. Regularly paid contributions affect your pension calculation. If you suspect missing or incorrect contributions, contact the Social Security Institution (SGK) to verify your records.
After contacting SGK, you may identify missing contributions or incorrect insurance statuses. Such errors can create issues during retirement applications. If your contributions are incomplete, seek legal support to ensure they are fully accounted for.
3. File an Objection Against Unjust Rejection
If your retirement application is rejected, you must understand the reason. Often, rejections are due to incomplete contributions or incorrect reporting. If your application is unjustly denied, the objection process comes into play.
SGK is required to provide a written explanation for the rejection. After receiving this explanation, you can understand the cause and take the appropriate steps. Submit a written objection to the relevant SGK Provincial Directorate within the specified period. Failure to do so may result in losing your right to appeal.
4. Prepare a Retirement Lawsuit Petition
If your objection does not yield a positive result, you may need to file a retirement lawsuit. A petition must be prepared detailing the injustice experienced and the legal violation during your retirement application.
You can submit the petition to the relevant court in Bursa, requesting approval of your retirement. Throughout the process, your lawyer will file the case on your behalf using supporting documents such as SGK records, your application, and the rejected decision.
5. Court Process and Decision
The retirement lawsuit process can take several months. The court will examine the legal basis for the rejection and evaluate the documents submitted in your case file. If the court rules in your favor, your retirement will be approved.
The court’s decision is usually binding. Once approved, you can begin receiving your pension payments.
6. Obtain Legal Support from YavuzLegal
Filing a retirement lawsuit can be a complex process. YavuzLegal provides expert legal support in retirement cases, ensuring that the process proceeds quickly and smoothly. Receiving legal assistance at every stage—from application to court proceedings—helps protect your rights effectively.