SİGORTALI ÇALIŞAN ŞİRKET KURABİLİR Mİ?

CAN AN INSURED EMPLOYEE ESTABLISH A COMPANY?

Establishing a Company While Working with Insurance

Within the framework of the laws of the Republic of Turkey, there are various obligations that must be fulfilled when establishing a company. One of the most important of these obligations is the insurance coverage of both the person who owns the company and the people who will be employed within the company. People who are not covered by insurance become insured through Bağkur during the process of establishing their own company. In addition, if people who are already insured establish their own company, no additional insurance liability arises. This means that people who have insurance with another company do not face additional insurance payments when they establish their own company.

Many people who have an insured workplace but are also planning to start their own company are concerned about whether this situation will bring them additional insurance costs. However, if you are working as an insured in another company, you do not need to get Bağkur insurance when establishing your own company. This will be valid as long as you continue to work at your current workplace. However, people who leave their workplace and plan to work only in their own company become liable to pay Bagkur premium starting from the month in which they must cut off their connections with other workplaces.

Can a Company Owner Have SSK?

As a company owner, if you do not have an active working life during the establishment of the company or if you do not have existing insurance, starting insurance through Bağkur is an important step. If your company already has SSK insurance when it was founded, then you do not need to take out additional insurance. You should remember that your insurance payments must be made regularly every month. After the establishment of your company, if you encounter situations such as your current employment contract ending or the company you work for closing down, you will see that your insurance registration is suspended. In such a situation, it will be very important to quickly initiate Bagkur insurance through your own company. This is an important step for the continuity of both you and your company.

Is it possible to establish a sole proprietorship while working with insurance?

Every individual has the right to engage in economic activities, and this right also applies to individuals working with insurance. In other words, working as an insured does not constitute an obstacle to establishing a sole proprietorship company. This applies to all insured employees except civil servants. They can open a sole proprietorship at any time, and in this case, their existing insurance will replace the insurance required at the time of opening the company. This simplifies bureaucratic processes and procedures.

Insured company owners can carry out any commercial activity they want through their own companies, as long as they are not civil servants. This provides them with economic freedom and the opportunity to expand their business. However, civil servants are not allowed to be directors, representatives or controllers of companies operating in business. This is important to maintain the impartiality of civil servants and the quality of their services.

Therefore, the answer to the question 'can civil servants establish a company' is generally no. Civil servants cannot establish a sole proprietorship company of their own without leaving their current job. This is important to protect the interests of both the state and civil servants.

Establishing a Sole Proprietorship Company While Working with Insurance Under 4A SSK

If we talk about the issue of an insured employee also establishing a company, this situation is not prohibited by the Labor Law. However, it is important to check whether this conflicts with the provisions in your employment contract. If there is a restriction in your employment contract regarding establishing a company or becoming a partner in a company, the company you work for may dismiss you without compensation due to your action.

It should be noted that a person working with SSI may be exempt from paying Bağkur premium if he or she establishes a company. As a 4A insured employee, paying your insurance premiums regularly every month will ensure that your Bağkur registration is suspended. However, in case of leaving the workplace where you are insured, Bağkur premium is automatically activated and must be paid, and it is useful for you to be aware of this situation.

Especially for young entrepreneurs, under the age of 29 and establishing a company for the first time, your Bağkur premium debts will be paid by the treasury for 1 year within the scope of young entrepreneur support. To benefit from this support, you can apply to the nearest tax office with a petition. If you want to establish a sole proprietorship while working with insurance and benefit from young entrepreneur support, you can get support from İfastürk for your company establishment transactions and manage all your financial processes digitally after establishment. In this way, you can use your time more effectively and easily control your financial processes.

Is it possible to establish a limited company while working with insurance?

The conditions for establishing a limited company are a subject frequently researched, especially by insured employees and candidates considering becoming company owners. This issue is very important for those working in the private sector because they have the opportunity to establish a limited company while continuing their current job. These people, whose insurance premiums are paid regularly, do not face any extra insurance payments when they establish a limited company. This makes the process of establishing a company more attractive. People who work as insured and are also company partners must notify SSI about their situation with a petition when they leave the other company. Civil servants can also become limited company partners, but they are not allowed to hold management, supervisory and representation positions. This situation limits civil servants from taking an active role in companies.

Is it possible to establish a joint stock company while working with insurance?

"Whether an insured employee can establish a company?" For those looking for an answer to the question, the conditions for establishing a joint stock company are also a matter of curiosity. Since there are no restrictions on private sector employees, anyone working as an insured in a company can establish their own joint stock company. The situation is a little more flexible for civil servants. Since joint stock company partners do not directly participate in the management and representation of the company, the prohibitions imposed on officers do not directly apply to this type of company. However, civil servants who intend to establish a joint stock company must certify with a contract that they will not take part in the representation, management and supervision of the company.

Can a Company Partner Be Insured in Another Company?

In order to enter the business world, prospective entrepreneurs may sometimes prefer to start a business with a partner who is actively working in another company. In this case, the social security status of the company partner working as an insured person is often a matter of curiosity. However, the law does not impose any restrictions on this issue and protects people in such a situation. Anyone who is actively insured in the private sector has the right to become a partner in another company without making any additional insurance payments. This gives the person great flexibility. This flexibility continues until the insured employee leaves his company partner's job at the other company. This makes it easier for a person to balance two jobs and transition into their own venture.

Can a Company Partner be a SSK holder?

Whether company partners can have SSK or not is an issue that entrepreneurs and people in the business world often wonder about and seek a clear answer to. Insurance procedures for a person who is a partner of the company begin with the official establishment of the company, and it should be noted that the beginning of the insurance must be made through Bağkur in this process. This is of great importance to ensure that the insurance process runs smoothly and to avoid any problems in the future.

People with existing SSK insurance can become partners in companies of their choice. This allows an entrepreneur the freedom to evaluate various opportunities. Moreover, this also applies after company establishment. That is, if a company partner starts working as an SSK holder in another company after the establishment of the company, the insurance paid by the company he works for there replaces the insurance that should be paid for the company partner. In this case, no extra insurance payment is required. This information can help company partners and potential entrepreneurs better understand insurance processes.

Can a Limited Company Partner Be Insured in Another Company?

Due to its limited company characteristics, larger transaction volume and more complex structures, it can be distinguished from sole proprietorship companies in a number of different aspects. This means that limited companies can often handle larger and more capital-intensive transactions. As for the partners' insurance status, this is the same as in other types of companies and generally does not make any difference. Company partners who work as insured in another company can start their duties in the newly established limited company without taking out extra insurance. This means their existing insurance status will not impact the new company's liabilities. However, people working other than limited company partners are required to report their status to the Social Security Institution (SSI), even if they are insured elsewhere. This is important so that insurance statuses can be tracked accurately. While employees insured under 4/A must be insured by all companies they work for, there is no such obligation for Bağ-Kur employees under 4/B. This means that Bag-Kur members do not have to insure separately for each company.

Establishing a Company for Insured Employees within the Scope of 4B Bağkur

The amendment to the law, which came into force on March 1, 2011, significantly changed the employment status and insurance status of a person from Bağkur. With this change, a person from Bağkur can be insured under 4A SSK from the moment he starts working in a workplace where he is not a partner while his tax registration or company partnership continues. This is an important turning point in our social security system.

According to the new regulation, if a person is subject to 4A SSK, 4B Bağkur and 4C Emekli Sandığı insurance statuses at the same time, he is considered to be insured primarily within the scope of 4C Emekli Sandığı. This is important for the functioning of the social security system, because the insurance premiums and rights of the person in this situation are evaluated within this scope.

If you are covered by the law to be subject to insurance statuses under 4A SSK and 4B Bağkur at the same time, you will be considered insured under 4A SSK. This means that a person from Bağkur can start working as an SSK holder in another workplace where he is not a partner, without transferring his workplace or company shares. In this case, this person's insurance coverage changes to SSK and insurance premiums and rights within this scope will be valid.

Can a Joint Stock Company Partner Be Insured in Another Company?

While the establishment stages of joint stock companies differ from other types of companies, they are subject to general legislation regarding insurance liability. You can find detailed information about the establishment stages of joint stock and limited companies at this link. Joint stock company partners may be insured from a different company and in this case they will not face any legal obstacles. This is a situation that provides flexibility for joint stock company partners. Joint stock company partners who are insured can save on these costs because they do not have to pay any additional insurance. On the other hand, partners who take on an insured job are exempt from Bağkur payments during their employment in the other company. This allows partners to avoid an additional financial burden while working multiple jobs. Partners of joint stock companies who are civil servants must prove with an official document that they do not have authority in the management, representation and control of the company. This indicates that partners who are civil servants are not involved in the day-to-day running of the company, and this situation must be legally documented.

 Establish a Company with Ifasturk

If you have an insured job and are thinking of starting your own company and realizing your entrepreneurial dreams, you can take advantage of the advantages offered by Ifasturk. Ifasturk makes the process of establishing a company very easy and fast for you. Thus, you can easily launch your own enterprise while continuing your current job.

Apply to Ifasturk now and don't postpone your dreams any longer! Take advantage of these opportunities offered to you in your entrepreneurial journey and open a new page in business life by establishing your own company.

Mesut SENEL | Ifasturk CEO

Independent Accountant Financial Advisor