Retirement marks the beginning of a peaceful period that an employee rightfully earns after years of dedicated work. However, even though retirement is recognized as a fundamental right, the process can sometimes become complex and time-consuming due to bureaucratic obstacles, social security contributions, or administrative errors. If you believe you are experiencing issues related to your retirement and want to defend your rights, it is important to be informed about the legal steps to follow when filing a retirement lawsuit in Bursa.

This article will provide detailed information on what to consider when filing a retirement lawsuit, how the process proceeds, and how legal support can assist you throughout this journey.

Retirement Rights and Legal Framework

Retirement is a right protected under Turkey’s Social Insurances and General Health Insurance Law. Employees covered under 4A, 4B, and 4C gain the right to retire once they meet specific contribution periods and age requirements. However, incomplete contribution payments, incorrect notifications, or mistakes during the retirement application process may result in the rejection of retirement requests.

In cases where retirement rights are violated, it is possible to file a retirement lawsuit to claim your rights. In such situations, obtaining professional legal support to protect your legal rights is crucial.

Steps to Follow When Filing a Retirement Lawsuit in Bursa

Filing a retirement lawsuit requires patience and careful attention. With our expertise in retirement lawsuits, YavuzLegal can guide you step by step to protect your rights. The essential steps to consider are as follows:

1. Review Retirement Eligibility Requirements

To qualify for retirement, you must meet specific contribution periods, insurance coverage periods, and age requirements. First, ensure you review the required contribution period and age criteria for retirement.

• Contribution period: The social security system requires employees to make contributions for a certain period. Once completed, you become eligible for retirement.

• Age requirement: Each individual must reach a specific age to retire. This age limit varies depending on when you joined the social security system.

Additionally, you should be aware of the necessary documents and procedures required for the retirement application.

2. Check Contributions and Insurance Status

Contribution payments are a crucial factor for retirement. Regularly paid social security contributions affect the calculation of your retirement pension. If you suspect any errors or missing contributions, contact the Social Security Institution (SGK) to verify your contribution records.

After contacting SGK, you may identify missing payments or incorrect insurance status. Such errors can cause issues during your retirement application. If you find missing contributions, you can seek legal assistance to ensure all contributions are correctly credited.

3. File an Objection Against an Unjust Rejection

If your retirement application is rejected, you must understand the reason for the decision. Most rejections are due to missing contributions or incorrect notifications. If your application is unjustly denied, the objection process comes into play.

SGK is required to provide a written explanation if your application is rejected. After receiving this document, you can understand the cause of the error and take the necessary steps. To file an objection, submit a written application to the relevant SGK Provincial Directorate.

Failing to submit your objection within the designated period may result in the loss of your right to file a lawsuit. Therefore, timely action is critical.

4. Prepare a Retirement Lawsuit Petition

If your objection does not yield a favorable result, filing a retirement lawsuit may be necessary. First, a lawsuit petition must be prepared. In the petition, you should clearly describe the grievances you experienced during the retirement application and the legal violations that occurred.

You can file the petition with the relevant court in Bursa to request the approval of your retirement. Throughout the lawsuit, your lawyer will submit all necessary documents, including SGK procedures, your application, and the rejected decision, on your behalf.

5. Lawsuit Process and Court Decision

The retirement lawsuit process usually takes a few months. The court will examine the legal basis for the rejection and evaluate the documents in your case file. If the court accepts your case, it will rule in favor of approving your retirement.

The court’s decision is generally binding. If your retirement application is approved, you can start receiving your retirement pension.

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 your initial application to the lawsuit process, helps safeguard your rights.