Akademik Veri Yönetim Sistemi
Tezin Türü: Yüksek Lisans
Tezin Yürütüldüğü Kurum: Marmara Üniversitesi, Hukuk Fakültesi, Özel Hukuk Bölümü, Türkiye
Tezin Onay Tarihi: 2000
Tezin Dili: Türkçe
Öğrenci: GÜNDOĞAN GÜNGÖR DANACI
Danışman: NURŞEN CANİKLİOĞLU
Özet:ABSTARCT The social security of our people is provided by differentsocial security Establishments. In these last years the topics such as "the location of these Social Security Associations, the inefficiency of their services as well atheir budget defficiencies "are often discussed. The topics discussed focus mostly on the facts such as the ineffeciency of the sanitary service furnished by Social Insurance Association (SIA), the low level of the pensions, budget defficiencies and clandestine labour (non licenced labour). In our country approximately 95 % of the population iscovered by social security System. SIA provides insurance and sanitary assistance to more than half of the population of the country. In this sense it is the biggest social security establishment. When we look at the volume of its budget, it is bigger than any one of the ministries. As far division works is concerned, until recently it has executed its duties under one General Directorate whereas job of same size in this State needs 13 separate General Directorates.Thanks to new Decree in Force of Law (DFL) Nr 616, now two General Directors execute this duty under one roof. Besides industrial accidents, occupational diseases, disesases, matenity, disability, old age, death insurances services that Social Security Services provides according to the bill Nr 506, it started to offer 8 different insurance brances in total offer the unemployment ınsurance service entered into effect from 01.06.2000. The subject of our work is the Social Insurance established as presidency by above mentioned DFL. It providessocial security to workers who work in conformity with the law Nr 506 of service contract and agricultural workers who work in conformity with the law 2925 of discontinuous service contract. It is a huge establishment and it always plays the prime role in the country's agenda. The new DFLannulled the legal ,managerial and fiscal structure of the Law Nr 4792 related to Social Insurance Association and new arrangements came into force. Eventhough the Constitutional Court cancelled this DFL, the verdict of The Constitutional Courtwill come into force one year after its publication in the Official Gazette the related articles of the FFL will remain valid unless modifications are made in This period. Therefore we studied the legal, managerial and fiscal structures of this establishmenttwice and separetely. Once before and once after the establishment of the presidency. As the domain of our study is too wide, we have not included the following Social Security systems to our work. -Turkish Republic Pensioners Fund :Established in accordance with he law Nr 5434. This system covers the personnel who work in the State and are in full-time payrolls It has the function of providing pension to pensioners or disabled members. -Bağ-Kur (Abbreviation of Bağımsız Kuruluşlar = Independent Establishments) This is the social security system of tradesmen ,artisans and other independent workers in accordance with th law Nr 1479 and of independent agricultural class in accordance with the law Nr 2926. -Funds established in accordance with the temporary article Nr 20 of the Social Security Law Nr 506. These funds cover the personnel of the banks,insurance and Reassurance companies, chambercs of commerce, stock exchange and other unions that are composed by the same personnel. In the first section of our essay we mentioned about the historical development of the social security systems in Turkey and indicated the security systems beyond SIA. In the same section we explained the basic purpose of its foundation. Its legal, managerial and fiscal structures were mentioned twice. Once before the Presidential system established by DFL Nr 616 and another time is its aftermath. We emphasized also, personnel situation, sanitary assistance and the budget deficiencies. The problems of SIA are studied in the second part.Amongst these these we have metioned about the rise of the problems such as the inability to to provide managerial and financial autonomy spending the funds in a wrong way promulgation of the law of borrowing,difficulty to collect the insurance premiums, non existence of state support, increase of aids, clandestine labour, retirement by outside insurance premium payments. In the same section we emphasized also some crucial matters such as "Retirement Age after the Promulgation of the Law Nr 4447""Changes in the calculation of Pension amounts"and "Low Pensions". There is mention to another aspect where the establishment is narrared as investor of sanitary facilities. We have completed our work with our proposals to solve problems that have been mentioned in the part 2 and there are also others considerationsas what else could be done.