Can a Bağkur Subscriber Work as an SSK Employee in Their Own Business?
In our previous article we answered the question “Can a Bağkur subscriber become insured?” In this piece we address “Can a Bağkur subscriber work as an SSK employee in their own business?” The long-awaited clarification arrived with the omnibus Law No. 6111, published in the Official Gazette on 28.02.2011, and specifically with Article 53 of Law No. 5510. That change officially opened the possibility for someone covered by Bağkur to also obtain SSK coverage.
The law expanded the rights available, allowing an individual to hold both Bağkur and SSK statuses simultaneously. By paying contributions to both systems, a person can later choose the more advantageous record at retirement and potentially receive a higher pension because contributions were paid into both schemes. But can you obtain SSK coverage without closing your company or surrendering your company shares? The short answer is: yes, in certain circumstances you can obtain SSK coverage, but the situation is limited when it comes to working as an SSK-insured person in your own company. We explain the details below.
Working in Your Own Company and Overlapping Insurance Status
Under Article 53 of Law No. 5510, a company owner or partner cannot be declared as an SSK-insured employee by the same company from which they receive Bağkur coverage; this restriction also applies to sole proprietorships. When insurance periods under SGK (SSK) and Bağkur overlap, the insurance status that began first is normally taken as the primary status. For example, if someone is already a company partner and simultaneously starts wage employment at another workplace, the status that started earlier determines whether they are considered SGK-insured or Bağkur-insured.
Consequently, a person who is registered as an SSK-insured employee—even for as short a period as two weeks—remains SGK-covered if that insurance continues without interruption; becoming a partner in another firm after that does not automatically change their status to Bağkur because the earlier SGK registration remains in effect. Even being registered as SSK-insured for 15 days in a month does not count as an interruption and does not force a switch to Bağkur. Here, interruption refers to the termination of the employment contract between the employer and employee, meaning dismissal or a formal end to employment.
Overlap between SGK and Bağkur has been a common source of problems. Workers can occupy different roles during their careers: a person might be covered by Bağkur while also holding a civil servant position, or they may have periods of both SGK and Bağkur service in their employment history. These overlaps caused practical and pension-related difficulties.
The amendments introduced by Law No. 6111 addressed this issue: when SGK and Bağkur overlap, the SGK registration begins at the moment SGK-covered employment starts, and the Bağkur coverage is terminated. The SGK implemented a system update so that when an employer reports an employee as covered by SGK while that person is also registered under Bağkur, the system automatically ends the Bağkur registration effective the day before the SGK employment starts. This automation removes the need for a manual request to terminate Bağkur coverage and resolves an important administrative burden for insured individuals.
Similarly, if SGK coverage ends and Bağkur should resume, the system records the necessary information and displays it to the relevant directorate, allowing Bağkur coverage to be restarted with a single action. Despite these improvements, the new regulation means that the specific question “Can a Bağkur subscriber work as an SSK employee in their own business?” has a clear limitation: if you are a company owner or partner and Bağkur-covered by that same business, you cannot be registered as an SSK-insured employee by that same company.
In practice, you may continue to work as an SSK-insured employee under a different employer or a different company name; you can choose to suspend or continue your Bağkur coverage as desired. However, you cannot be SSK-registered by your own company while remaining Bağkur-covered by that same company.