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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Case Summaries

Requests for Annulment of Administrative Fines Imposed due to the Failure to
Notify Occupational Accidents

The applicant stated that he was imposed a fine by the Social Security Institution
because the occupational accident occurring at workplace was not reported in time and
that on the date when the accident happened, the worker in question was not employed
within the company and requested the cancellation of the fine.

As a result of the examination made by the Ombudsman Institution, it was seen that
the start date of employment was not reported as 05/06/2018 in the statement of
employment and no contradictory data were presented in the file submitted by the
administration. Furthermore, judging from the “plot” of the forensic examination
report issued by the concerned hospital and from the applicant’s statement with his
signature, it was understood that the accident happened on 04/06/2018. Considering
that there were no findings in the file demonstrating that the applicant worked in the
company on the concerned date, it was evaluated that the imposition of administrative
fine due to “failure to report an occupational accident” was unlawful; accordingly, it
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was concluded to submit a Recommendation to the Social Security Institution on
withdrawal of fine.

Request for Correction of Start Date of Retirement

The applicant informed that two days after 28/19/2018, when he met the age
requirement to qualify for normal age retirement during the period when he was
suspended from his duty, he sent an application letter to the administration by means of
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PTT-APS and his application was registered in the destination administration’s records
on 05/10/2018, which he learned about with the tracking number. The applicant stated
that his pension payment started on 01/12/2018 instead of 01/11/2018, which was the
actual date of start; as a result, he incurred a loss of the right to pension for a month,
and requested the correction of the start date and that one month’s pension be paid to
his party.

As a part of the amicable settlement attempts of the Ombudsman Institution, Social
Security Institution (SSI) was contacted; according to the response of the SSI, the start
date of his retirement was corrected in line with the demand of the applicant. Thus, the
application was resolved through amicable settlement. 6

4 Recommendation dated 13/09/2019 on the application numbered 2019/5198
5 Post and Telegraphy Corporation of Türkiye, a state-owned postal service
6 Amicable Settlement Decision dated 25/04/2019 on the application no. 2019/1958

76 2019 ANNUAL REPORT