In today’s economy, some retirees must continue working after they retire. Working after retirement creates certain rights and obligations for these individuals.
- Leave entitlement: Employees with 1 to 5 years of service are entitled to 14 days of paid annual leave; those with 6 to 14 years receive 20 days per year; and employees with 15 years or more receive 26 days per year. Workers over 50 are entitled to at least 20 days of leave annually.
- Notice pay: For employees with more than six months of service, the employer must provide a two-week notice period or pay two weeks’ salary. For those employed between six months and 1.5 years, the notice period and payment are six weeks. Employees with three or more years of service are entitled to an eight-week notice period and corresponding pay.
- Severance pay: Retirees who work after retirement retain the right to severance pay from their current job if they leave for a valid reason or are dismissed for a cause related to their employment. Because these individuals already met the insurance and premium day requirements (such as 15 years of insurance and 3600 premium days) when they originally retired, those conditions do not block severance entitlement for subsequent valid separations from a new employer.
What Does Working Again After Retirement Mean?
When a retirement pension is insufficient to cover living expenses, some retirees take new jobs. This situation is referred to as working again after retirement. People who decide to work after retirement may, under certain conditions, be subject to the Social Security Support Contribution (SGDP) established by the Social Security Institution.
What Is the Social Security Support Contribution?
The Social Security Support Contribution is the contribution deducted from wages of insured persons who have completed the legally required premiums and are receiving a retirement or old-age pension. These contributions are collected without suspending the pension payments.
The contribution rates are as follows:
- 2% short-term insurance branches contribution (employer share),
- 22.5% Social Security Support Contribution (employer share),
- 7.5% Social Security Support Contribution (employee share),
In total, these amounts form a 32% deduction. SGDP does not affect the monthly pension amount.
Who Pays the Social Security Support Contribution?
Since October 2008, the SGDP is paid by the new employers of insured persons who start work after that date. When a worker is employed under a contract in which both employee and employer agree to the work and payment, SGDP cannot be deducted from the retiree’s old-age pension.
Who Is Exempt from SGDP Deductions?
- Farm workers who are self-employed in agriculture and retired for that reason,
- Workers who have gone abroad to be employed overseas while receiving retirement or old-age pensions,
- Those elected to the Presidency,
- Members appointed to the Council of Ministers,
- Members elected to the legislative body,
- Individuals who took office following local government elections,
- Instructors at formal education institutions who have not exceeded the age limit,
- Employees at foundation universities,
- Individuals appointed by the President or Prime Minister,
- Those appointed or assigned by a parliamentary decision.
Under Article 60(a) of the Higher Education Law (No. 2547), SGDP deductions are not applied to certain higher education personnel.
How Can SGDP Be Checked?
The SGDP, which retirees working after retirement must pay, can be checked via the SGDP Registration Record query on the e-Government portal.
To check SGDP, follow these steps:
- Go to the e-Government login page and sign in with your national ID number and e-Government password.
- Click the e-services option in the upper left area.
- Select the 4A retired deductions option.
Where Can Retired Civil Servants Work?
Although retired civil servants generally cannot return to public service, there are specific exceptions. Public institutions where retirees may be appointed after retirement include:
- Capital Markets Board,
- Competition Authority,
- Radio and Television Supreme Council (RTÜK),
- Public Procurement Authority,
- Municipalities,
- Special provincial administrations,
- Associations and enterprises established by municipalities and special provincial administrations,
- Public institutions established by special laws.
An important point: when a retiree is appointed to one of these public institutions, their pension is suspended. Retired civil servants cannot work in other public institutions, but they can accept jobs in private institutions. In private employment they are covered by SGDP and may legally receive both their pension and their new salary.
Is Working After Retirement Unconstitutional?
According to Articles 60 and 65 of the Constitution, there is no legal prohibition against working after retirement. On the contrary, retirees contribute to household incomes and the economy while preserving their personal rights. The legal requirement is that employers pay SGDP for retirees instead of employing them illegally. Employers who evade this obligation may face financial penalties.
When Is Severance Pay Applicable?
Severance pay can be granted to employees who resign under certain conditions. These conditions include:
- Being forced to work under harsh or damaging conditions,
- The employer’s failure to pay social security premiums on time,
- Changes in SGK registration (entries/exits) made without the worker’s knowledge,
- Exempting the worker from overtime pay on official holidays,
- Female employees who resign due to marriage.
These are exceptional situations and must be substantiated. Employees who resign without a valid ground typically cannot claim severance pay.
Why Should Retirees Work with Social Insurance?
Retirees who work as insured employees gain two main advantages. Under SGDP, they are covered for workplace accidents and occupational diseases. They also retain rights to severance and notice pay. For these reasons, retirees who choose to work again should do so legally, with contributions paid, rather than working undeclared.
Otherwise, employers who hire retirees off the books face heavy penalties. The hotline to report uninsured employment is 170. Uninsured retired workers can also contact provincial Social Security Directorate offices in writing.
What Is Workplace Accident and Occupational Disease Insurance?
Retirees who work and are subject to SGDP have the following rights related to workplace accidents and occupational diseases:
- For temporary incapacity, daily incapacity payments are provided for the duration of the inability to work.
- If a workplace accident results in death, the deceased worker’s family must receive a survivor’s pension.
- Families receiving death benefits must provide a marriage allowance to daughters of the deceased who marry.
- Permanently disabled workers receive a permanent incapacity pension.
When Is an Incapacity Report Granted?
If a worker becomes at least 10% incapacitated, they may be eligible for an incapacity pension. The pension amount depends on the percentage loss of earning capacity in the profession. Based on contribution history, the benefit is calculated as a percentage of earnings—typically up to 70% of prior income adjusted by the incapacity rate. For example, if a worker whose minimum wage is 2,588 TRY receives a 40% incapacity rating, an incapacity benefit of approximately 358 TRY would be added to their retirement pension.
What Are Registration Record Details and What Are They Used For?
The registration record statement is the documentation required both at the time of retirement and for retirees who want to work and check SGDP records. You can access these details on the e-Government portal by searching for “registration record information.”
These details include:
- Full name,
- National ID number,
- 4A registration number,
- Employment start date,
- Total number of days worked,
- Insurance status,
- 4A cancellation records.
Note: The 4A registration number represents the Social Security Institution’s indexing for insured employees.