Browsing by Author "Tugay, Mustafa"

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Sosyal sigortalar hukukunda kusur
(2023) Tugay, Mustafa; Sözer, Ali Nazım
The fact that the same and the single damaging event to which the employee is exposed to is subject to the regulations of two and sometimes even three separate legal fields and the insurance claim in question is subject to multiple lawsuits, investigation, expert exemination and trial creates a rather complex situation from the point of attrubiting the overall responsibility of the underlying damaging event to the responsible party. While the losses of the insured can be partially compansated through social insurance regulations, the need to apply to the employer for the unpaid residual amount and even in some cases to start criminal proceedings against reponsible parties constitutes a barrier for bringing all those processes to a common ground to provide a fair compansation for the employee. With in this context, when the decisions of the court of cassation are examined, it is obvious that the inadequacy of the basic normative principles and uniform regulations results in prolonged trials and even unfair outcomes both for the employer and employee. In the event of a work accident or occupational disease, fault plays a key role in the assignment of responsibility, first and foremost, to the employer and also to other factors that might caused the damage and also deciding by whom and to what extend the loss will be compansated. Many intertwined areas, such as the methods used to determine fault and deciding wheter the responsibilty for the damaging event stems from a fault liability or causal liability, the probabilty of different cases having an effect on each other an as to what extend the social insurance coverege will be met by financial compansation need to be exemined together. On the other hand, the role of social insurance coverege provided by the state for working accidents and occupational diseases should also be considered with in the social dimenson of the subject. Consequently, it will be the right way to consider all those varying compansation processes, wich are currently being handeled indepentdently from each other and causing unfair consequences both for the employers and the employee, as a whole with in the boundries of social law and the basic principals of a social state. In this study, wich consists of ten chapters, the existing system and the problems emaneting from it are being analysed in the first nine chapters and the proposals for the solution of those issues are presented in tenth chapter from the point of the view of various law systems.
Türk ve Alman Sosyal Güvenlik Hukuku açısından devlet destekli özel (Bireysel) emeklilik programlarına mukayeseli bir bakış
(2018) Tugay, Mustafa; Sözer, Ali Nazım
The public retirement system which is financed by young generation insurance premiums has begun to enter to a bottleneck because of this rapid demographic shift in Germany and the prolongation of average life expectancy. Even within forthcoming 40-50 years period, it is calculated that the public pension system will come to an unsustainable point. For this reason, together with the pension reform laws introduced in Germany at the beginning of the 2000's, it is decided to support private public pension systems which are based on the principle of creating additional savings for individuals own future. This state-sponsored private pension schemes, which have been in practice since 2002, have left behind 15 years, changes have been made in practice from time to time. As mentioned above for Germany, all demographic changes except the effects of second world war, is also valid for Turkey over the last 30-40 years. Only by 2-3 years gap to Germany, the average life expectancy at Turkey, has approached age 80. Unlike in Germany, even though relatively yough average age in Turkey and the increase on average life expectancy also Turkey's own structural problems has began to create serious pressure on the public pension system. Problems such as, unregistered employment, unregistered economy and high youth unemployment rates has raised the need in Turkey to reform the public pension system. Due to this, only one year after Germany, the individual pension system is implemented and started up. The ultimate goal of the private pension system implemented in Turkey was not only limited to the support of the public pension system, also it is aimed to generate funds for the country's economy by the savings provided. In this study, Turkish and German private pension systems, which started to be implemented almost at the same dates and the influence of demographic changes in the same periods, were examined thoroughly and similar or different aspects were revealed. In the first part of the study, the general terminology related to social security is emphasized and the functions of social insurance and private insurance are evaluated. In the second part, the statue, importance and types of private pension schemes within the German social security system are mentioned. In the third part, private pensions system in Turkey is evaluated. Finally, in the fourth chapter, comparisons of private pension schemes in these two countries are evaluated.